San Diego Criminal Defense Lawyer Blog

San Diego police arrested a man accused in a domestic violence assault after several hours of negotiations with the suspect. Officers ordered him to leave a house on Dunwood Way, but the 48-year-old man refused, holding off officers for several hours before he finally surrendered on a Friday morning in Bay Terraces in late August.

The original order came at 3pm and by 8:40pm, police called in SWAT officers because they believed the domestic violence suspect may have had a weapon. At 2:45am, the man surrendered and was booked into county jail on charges of domestic violence assault.

Domestic violence occurs when a battery is directed towards a spouse, former spouse, or someone the suspect dates or has dated in the past. It is a misdemeanor that carries with it a maximum sentence of one year in county jail, plus a one year domestic violence program.

Domestic violence suspect surrenders after lengthy standoff, SignonSanDiego.com, August 29, 2008

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In Jacumba, California, a man convicted of child molestation was arrested earlier this month on suspicion of violating the terms of his release. Following a 1987 conviction for molesting two young girls, he was sentenced to three years in prison after which he had been sent to live in the East County community under court-ordered supervision. He was also convicted of failing to register in San Diego County as a sex offender in 1996.

Police picked up Gary Gene Snavely, 45, around 5pm after the Sheriff’s Department received notification that Snavely was not following his prescribed treatment. He was booked in San Diego Central Jail and will be held pending court hearings. He is not under suspicion of committing any new crimes; instead, he is being held for failure to follow his treatment plan.

California law requires sexually violent predators to return to the county where they committed their crimes after a treatment program at a state hospital. A sexually violent predator is defined as someone who has been convicted of a violent sex crime and has been diagnosed with a mental disorder.

Child molester under supervision arrested, SignOnSanDiego.com, September 12, 2008

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Sheriff’s homicide detectives in San Diego arrested a suspect in the July murder of a Pala Indian Reservation teen. A Pala security officer discovered the body of Devin Blackowl, 18, in a dirt lot on July 24.

Detectives believe that the murderer and the victim knew each other, but they have not found a motive behind the slaying.

The 29-year-old slaying suspect was already booked into Central Jail on one count of murder, so detectives did not have to look too far to find him. Sheriff’s homicide Lt. Dennis Brugos said detectives took John Edward Maxcy into custody at Donovan State Prison for an unrelated criminal offense.

Maxcy was scheduled to be arraigned this afternoon in the North County courthouse in Vista.

Suspect arrested in July slaying on Pala Reservation, SignonSanDiego.com, September 16, 2008

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The San Diego Union-Tribune recently reported on a burglary in La Mesa, California. Police arrested a 20-year-old suspect and distributed photos of a second burglary suspect who escaped during a police chase. They have identified the second burglary suspect as Michael Eugene Perez, also 20, of San Diego.

The robbery occurred at a residence on Wellesley Street East around mid-day last Friday. A man called the police from his garage saying there were burglars in his home. Minutes later the police arrived and confronted a man who was leaving out of the rear door of the La Mesa home. Police spotted a second man on the side of the house. Both men fled the scene.

Police arrested one suspect in the Strawberry Hill condominium complex on Baltimore Drive. He was booked on suspicion of burglary, grand theft, vandalism, and resisting arrest.

One arrested in La Mesa burglary; one sought, SignonSanDiego.com, September 12, 2008

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Several news outlets reported that “Lost” star Daniel Dae Kim pleaded no contest to DUI charges yesterday. As TMZ.com points out, Kim, 40, is now the third castmate to be charged with DUI. Two others, Michelle Rodriguez and Cynthia Watros, were eliminated from the TV show following their drunk driving convictions.

Kim’s DUI charge is the result of an incident that occurred on October 25, 2007 when a cop saw the actor driving erratically and pulled him over. According to court documents, Kim’s blood alcohol level at the time of the arrest was .0168, more than double the legal limit.

DUI is considered a misdemeanor offense for which Kim’s license has been suspended for six month. He was also ordered to perform 72 hours of community service, pay a $500 fine, and pay $212 in court fees.

Lost: One Driver's License!, TMZ.com, September 13, 2008

Daniel Dae Kim Cops to DUI, Loses License, E! Online, September 12, 2008

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A San Diego Superior Court Judge has sentenced a 19 year old to a year in county jail and five years of probation for killing a homeless man while driving drunk. The incident occurred on January 16, and the driver, Alec O’Keefe Rowe, was arrested on a corner in Midtown San Diego. Prosecutors said his blood alcohol level was 0.22 percent, above California’s legal limit of 0.08.

The judge said that during his eleven years on the bench he has never given probation in a case with similar DUI charges; however, the defendant’s age, degree of remorse, and his willingness to turn his life around convinced him to offer probation in this case. If Rowe violates his probation, he will be sent to jail and his current sentence does not allow for early release.

According to SignonSanDiego.com, the judge told Rowe, “you're getting a break, and whether or not this was the right thing for this court to do will be determined in the next few years. If I were you, I'd take advantage of the break you're being given.”

19-year-old gets year in jail in DUI manslaughter case, SignonSanDiego.com, September 3, 2008

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Last Friday in San Diego, four twentysomething men who attended La Jolla High School together were sentenced for their role in the death of 24-year-old Emery Kauanui. What began as a bar brawl in 2007 left Kauanui bleeding with severe head trauma outside his mother’s house. The former professional surfer died at the hospital a few days later after he was taken off life support.

Three of the men pleaded guilty to involuntary manslaughter: Eric House, 21, Orlando Osuna, 23, and Matthew Yanke, 22. Earlier this summer, Osuna and Yanke also pleaded guilty to unrelated counts of misdemeanor battery. Henri Hendricks, 22, pleaded guilty to being an accessory to the death and to an unrelated misdemeanor battery.

The judge assigned to the case considered the defendants’ previously clean records and the lack of evidence that any of the four had delivered the fatal blow to Kaunanui. They were sentenced to between 90 and 349 days in jail, which was less than the prosecution had hoped for. However, all face three years of probation.

A fifth defendant, Seth Cravens, is thought to be the ringleader of the group and has pleaded not guilty to murder. He awaits trial on October 14.

Jail terms for 4 San Diego men in surfer's death, Associated Press, September 5, 2008

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On Friday, the body of a man suspected of killing a 74-year-old grandmother was found in the unincorporated part of Calimesa, California. Jeff Nolen, 38, had been identified by a San Diego Country sheriff as the live-in boyfriend of the slain women’s granddaughter and the father of the granddaughter’s three children.

The name of the elderly murder victim has not been released, but the Medical Examiner’s Office said she had been strangled and was believed to be dead for several days before her body was discovered last Thursday when San Diego County Sheriff’s deputies responded to a request for a welfare check.

The granddaughter, 32-year-old Amy Jo Mitchell, was arrested last week on suspicion of financial abuse of an elder. She was being held in lieu of $50,00 bail and is scheduled to be arraigned this afternoon. The cause of death for her boyfriend Nolen has not been released to the public.

Suspect in Fallbrook case is discovered dead, SignonSanDiego.com, September 6, 2008

Suspect Wanted in Girlfriend's Grandmother's Murder, CBS8.com, September 5, 2008

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For the past three years, Secret Service agents based in San Diego, California have been using the Internet to communicate with identity thieves. Last month, they managed close in on what federal officials are calling the largest identity-theft ring ever busted.

Local United States Attorney Karen Hewitt said that the investigation started locally in San Diego and spread across the country, then around the world. Three U.S. citizens are charged, as well as citizens from Estonia, Belarus, China, and the Ukraine.

The financial scope of this massive theft ring is still unknown; however, officials estimate that over 40 million credit and debit card numbers were stolen from some of the country’s most popular retail chains, including BJ’s Wholesale Club and OfficeMax.

Thieve stole some of the debit and credit card information online and used some of the cards themselves. One of the websites operated by the ID theft ring also advertised child pornography, counterfeit cash, and passports and money laundering. Eight people in San Diego are charged with selling the stolen card numbers online.

S.D. agents help bust massive ID-theft ring, SignOnSanDiego.com, August 6, 2008

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A few weeks ago, California’s high court ruled 4-3 that Governor Arnold Schwarzenegger had wrongly denied parole to a convicted murderer. The court’s decision stated that the governor must consider not only the nature of the crime, but must also demonstrate “some evidence” that the person in question is a danger to public safety, when overturning Board of Parole Hearings’ decisions.

This ruling comes in response to the Board of Parole Hearing’s decision to grant parole to Sandra Davis Lawrence, 61, in 2005. Lawrence had been convicted of first degree murder for killing her lover’s wife and served 23 years in jail. Because she had no record of discipline problems while in jail, expressed remorse for her crime, and showed no signs of being a public danger, the Board opted to grant Lawrence parole.

In 2006, Schwarzenegger attempted to veto that decision based on the nature of the murder, calling it “a cold, premeditated murder carried out in an especially cruel manner and committed for an incredibly petty reason.” The divided court ruled that while the crime is a factor in parole decisions, it should not disqualify parole grants to murderers who are serving out a life sentence.

Court rules governor wrongly denied killer parole, Associated Press, August 21, 2008

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