San Diego Criminal Defense Lawyer Blog

An Encanto Man accused of stabbing his wife repeatedly is awaiting for the jury to reach a verdict in the case.

The defendant, Fredrick Melanson, 46, has been accused of first degree murder for stabbing his wife multiple times in the face, neck and chest.

According to prosecutors the defendant was upset with his wife Parmenia Melanson, 48, for non stop asking for money, and demanding for him to buy her a Gucci purse. The couple argued over finances.

After drinking several beers and tequila shots at the Formosa Club in Chula Vista he drove over 10 miles home. The waitress at the bar testified that Melanson seemed in a good mood and did not appear to be drunk when he left the club.

The prosecutor told the jury that Melanson liked hanging out with women at the Formosa Club because “they don’t give me crap.”

The defense attorney for the defendant said he is only guilty of voluntary manslaughter. He said his wife attacked him first, kicking him in the groin and poking him in the eye.

When the defendant arrived home, they apparently argued and his wife blocked him as tried to come out of the bathroom, he accidentally stepped on her foot according to his defense attorney. His wife thought is was on purpose. Melanson then picked up a knife he saw on some clothes and planned to take it back to the kitchen, that’s when his wife kicked him and poked him in the eye.

The defendant said that he passed out and does not remember stabbing her. “It happened so fast he did not have time to think.”

Melanson turned himself in after he awoke and saw what had happened. He told his defense attorney that he loved his wife and had no reason to kill her. He had to be provoked. This was not premeditated, but fueled by alcohol.

If convicted Melanson could be facing 26 years to life in prison.

Deliberations Begin in Murder Trial of Encanto Man Who Killed His Wife, San Diego 6 The CW, February 27,2009

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In San Diego’s Oceanside area, after a 6 month undercover drug sting operation, 30 people were arrested last Thursday on drug charges or Possession for Sales.

Most of the arrested were gang members that had prior records for violent crimes.

Authorities had seven search warrants, seized two vehicles, $8500.00 in cash and a firearm. “They’re no longer in the streets,” said Ralph Patridge, special agent in charge with the Drug Enforcement Administration’s San Diego office. “They’re behind bars,” he said.

After many complaints from the Oceanside community about drugs being sold in the downtown streets, Oceanside police Chief Frank McCoy needed assistance from the DEA’s Mobile Enforcement Team.

The sting operation was called “Operation Rock Solid” which encompassed more than 200 law enforcement officers from several agencies were sent undercover to purchase illegal drugs such as crack cocaine, methamphetamine, ecstasy and marijuana.

More than a half-pound of crack cocaine, two ounces of methamphetamine, several pounds of marijuana and 500 ecstasy pills were seized by Oceanside detectives and special DEA agents during the raid.

According to special agent Patridge, while the number of the drugs seized is not particularly significant, “what’s significant is the people who were trafficking these drugs were violent gang members in your city.”

There are thirteen people still remain at large. Six of the more than 30 arrested have been charges with federal drug crimes.

More than 30 arrested on drug charges after 6-month probe, San Diego Union Tribune, February 26,2009

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In the San Diego Courts yesterday a man that was accused of fatally stabbing a Pacific Beach man more than thirty years ago is facing trial on murder charges.

61 year old Gerald Dean Metcalf was taken into custody on October 14th for the 1971 stabbing murder of Gerald Jackson, a 27 year old Vietnam veteran who was found in his Pacific Beach apartment bedroom on January 2, 1972.

The San Diego Police Department linked this case to Metcalf through DNA testing and modern fingerprint analysis. Before then this was an unsolved case.

The prosecutors brought enough evidence from witnesses, former police officers and criminal investigators who worked on this case 37 years ago, to San Diego Superior Court Judge Frank Brown to have this case go to trial.

Metcalf could be facing 25 years to life in prison if he is convicted.

The victim had 61 stab wounds on his body, including his throat, chest and back. According to authorities, he was killed the night of December 28, 1971.

Jackson who worked as a U.S. postal carrier and also as a bouncer at the Barbary Coast nightclub in San Diego was reported missing by friends and co-workers. They knew something was wrong when he didn’t show up for work for days.

Ronald Coberly who was 27 at the time the violent murder took place said in court that he went to Jackson's apartment went into the bedroom saw blood on the bed and wall, “I could not believe what I was looking at”, said Coberly about the San Diego crime scene.

Jackson’s Ford Torino was missing and later found in Mexicali, Mexico. A stereo receiver was also found in a pawn shop in Calexico.

Fingerprints that were taken from Jackson’s car and stereo receiver that were stored in a database matched Metcalf’s, along with DNA that was taken from cigarette butts and stains according to Deputy District Attorney Jill Schall.

Man to face trial in 1971 fatal stabbing, The Union Tribune, February 25,2009

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A bank who robber fled on the back of a motorcycle driven by an accomplice, robbed a Kearny Mesa Union Bank on Monday.

The 200 lb 6- foot 2-inch thief who was wearing a baseball cap and sunglasses when he handed a bank teller at the Union Bank of California a demand note. The robbery occured about 3:30pm at the branch office located in the 7700 block of Clairemont Mesa Boulevard according to San Diego police.

The bank teller handed the thief who appeared to be in his 20’s an undisclosed amount of cash. The suspect exited the bank and proceeded to Convoy Street where another man waited on a black motorcycle, said San Diego Police Department Seargent Art Campa.

Robberies are the most serious of all theft crimes. Robberies is divided into First or second Degree. If two or more persons are charged with First degree Robbery, the punishment can be 3, 6, or 9 years in state prison.

The amount of time increases significantly if a weapon or firearm is used in a robbery.
All robberies, regardless of degree are “Strikes" under California Three Strikes Law.

Kearny Mesa Union Bank Robbed, San Diego New 6 The CW, February 23, 2009

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A San Diego, Carlsbad man was taken into custody on attempted murder charges last Sunday after shooting an 18 year old man in a gang related incident, according to police.

The shooting occurred about 12:25am on Pio Pico Drive and Yourell in Carlsbad. The victim was shot in the head and taken to the hospital by friends. The injury was not life threatening according to police Sergeant Mickey Williams.

After witnesses later identified the shooter, Raul Gonzales, 20, was arrested on Sunday around 9:25 p.m. during a traffic stop on Interstate 5 near Cannon Road.

The suspect is facing charges of assault with a firearm, participating in a street gang and violating probation. He is being held at the Vista jail without bail.

Carlsbad man, 20, held in gang-related shooting of teen, San Diego Union Tribune, February 23, 2009

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A couple who operated a day care out of their San Diego apartment and are accused of molesting four children pled not guilty to 8 felony charges, including child abuse.

Anita Maria Kaczmarczyk, could be facing 60 years to life in prison if convicted. She is now in custody with bail set at $150,000.

Mark Lee Kaczmarczyk, 58, is awaiting extradition after being arrested last Sunday in Taiwan on child molestation charges. He is the husband of Anita Maria.

According to Deputy District Attorney Lucy Weismantel, an investigation took place after vaginal injuries were discovered in September of 2007 on one of the alleged victims. The molestations took place between June and September of 2007. The victims range in age from a few months old to just over 2 years old.

The defendants are being charged with four counts of lewd and lascivious acts on a child and a sentence enhancing allegation of multiple victims, along with child abuse.

A readiness conference is set for February 25th, and a preliminary hearing is set for March 4th For Anita Kaczmarczyk, according to Judge David Szumowski.

Mark Lee Kaczmarczyk told clerks at a shop that he wanted to open an English-language kindergarten in Taiwan. An undercover female Taiwanese agent who befriended the suspect found out where lived, and he was then arrested on molestation charges, the Taipei Times reported.

Day Care Operator Pleads Not Guilty to Molestation Charges, San Diego 6 The CW, February 19, 2009

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An Ocean Beach man who is accused of murdering his ex wife is scheduled for a preliminary hearing today, which could also determine if there is enough evidence for this case to go to trial.

Henry Lisowski, 68, was supposed to start paying child support to Rosa Lisowski his estranged wife, but instead could be facing the death penalty if convicted in the crime of her murder.

Rosa Lisowski, 50, was last seen March 24th while walking her son to school in the Midway-Loma Portal area.

Rosa had been awarded custody of their two children and two other children from a previous relationship while in their nasty divorce battle. Lisowski was supposed to start paying the victim $1100 per month in child support starting April 1, 2008. A court hearing was scheduled so he could prove that he was not underreporting his income, according to prosecutor Nicole Cooper.

The defendant traveled to Costa Rica during the homicide investigation and had access to large amounts of cash, said Cooper.

Witnesses said they saw Lisowski’s face and arms with fresh scratch marks the day after Rosa went missing. The victims blood was found on the kitchen counter in their home, in the cargo area and the inside of the passenger door of the defendant’s Lexus.

In September, Lisowski was charged with murder, and also charged with the special circumstance of murder for financial gain.

The San Diego police have never recovered the body of Rosa Lisowski.

Preliminary Hearing Today For Man Accused In Estranged Wife's Murder, KFMB News 8, February 17, 2009

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Earlier this month the San Diego police have warned residents in the Granite Hills area of residential burglaries that have taken place over the last three months.

There have been 15 homes that have either been victims to attempted burglary
or have been broken into on Mahogany Drive and Spanish Oak Place since last October.

According to the El Cajon Police Department the crimes that were committed have been when the residents were actually at home. Most of the victims that were at home when the robberies occurred didn’t even know it at the time. They heard strange noises and sounds but thought they were harmless.

Most of the crimes committed were theft crimes. Purses, wallets, cell phones, lap top computers were some of the stolen items.

Another area with a surge in neighborhood crime is in San Marcos, near Palomar Community College. In a one-mile radius in the past 3 months there have been 19 cars stolen or broken into with windows smashed, and 12 acts of vandalism according to the news 8 Crimefighters.

A resident said “It’s gotten to the point where we have to put up numerous cameras connected to TVs and the motion sensor lights that are bright and shiny.”

Police Warn Of Granite Hills-Area Robbery Series, 10News.com

Crimetracker Maps Car Thefts & Vandalism In San Marcos, KFMB News 8

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Two men tried to rob a coin shop in the North Park area of San Diego, but a worker shot and killed one of the robbers.

The shooting occured around 9:15 am this morning when two armed men entered the Old Coin Shop on El Cajon Boulevard, near Texas Street and approached two employees in an attempted robbery.

One of the employees armed with a handgun shot one of the robbers. The suspect was shot in the left leg and lower back. At the same time 911 was called and police were en route to the scene. It is not known how many shots were fired in the coin shop.

The robber who was identified as Michael Anthony Watkins Jr. of San Diego was taken to Mercy Hospital and died a short time later. Witnesses say that the second man picked up Watkins body and carried him to an outside parking lot before fleeing the scene with a handgun.

San Diego police homicide Lt Terry McManus said witnesses described the accomplice as a young black man, with a thin build around 5 feet 10 inches tall wearing a gray sweater and dark pants. Police are on the lookout for him.

Coin Shop Worker Fatally Shoots Attempted Robber, 10 News.com

Attempted Coin Shop Robbery Ends In Fatal Shooting, KFMB News 8

Robber shot during coin shop heist dies, Sign on San Diego

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An undercover drug sting that began last fall in the San Diego military housing community certifies 33 arrests.

“Operation Endless Summer” an undercover sting operation was erected because of residential complaints regarding an increase in illegal drug activity in the military housing sector.

Thirty-three people have been arrested and charged with selling illegal narcotics and other drug related offenses, 19 others have yet to be arrested. Only two sailors and one former Navy member who was recently separated from the military, were among the 33 charged, most were civilians.

“This operation has rounded up drug dealers who were jeopardizing public safety in military housing, the dedicated men and women serving in the military, along with their families, deserve a drug-free environment where they live,” said District Attorney Bonnie Dumanis.

Law enforcement posing to buy illegal drugs, seized two pounds of crystal methamphetamine, a half pound of powder cocaine, one gram of heroin, OxyContin and Ecstasy pills, over 400 marijuana plants, 6 pounds of marijuana, seven guns, which included semi-automatic handguns, and $19,000 in cash.

The District Attorney’s Office, the Naval Criminal Investigative Service, Bureau of Alcohol, Tobacco, Firearms and Explosives, along with the San Diego Police Department were responsible for carrying out the drug sting.

If the defendants are found guilty, they could be facing 16 months to 5 years in prison for a drug related felony.

Sting targets drug sales at military housing sites, Sign on San Diego

Undercover Drug Sting In Military Housing In San Diego Nets 33 Arrests, KFMB News 8

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Two United States Sailors are being charged with the murder of a Mexican prostitute and attempted murder on another in Tijuana.

Petty Officer Second Class Joshua Docker, 27, and Petty Officer Third Class Jarrett Monzingo 22, have been charged with murder and attempted murder and are being held at La Mesa Prison in Tijuana, Mexico.

The incident occurred on January 17, when witnesses and a hotel camera place the two sailors at the same hotel where Mayte Victoria Delgado Flores 19, was found dead.

In a separate incident, the two men were found by police last Thursday in the early morning after meeting with two prostitutes in rented rooms at the Zona Norte Hotel. One of the women and a hotel employee were found stabbed, while the other woman was choked. The sailors were taken into custody and charged with assault with great bodily injury. According to authorities, they later found evidence connecting them to the murder in January.

This is a very serious and complicated case involving violent crimes, alcohol, drugs, and weapons. “The trial takes place before a single judge, and a case like this could take several years to go through all of the different stages” said Jorge Vargas who practiced law in Mexico City.

One of the sailors worked for VRC 30, a logistics and transportation arm of the U.S. Navy. The other sailor was undergoing BUD/S training to be a Navy SEAL.

Sailors Formally Charged In Tijuana Prostitute Attack 10News.com

2 US sailors charged with murder in Mexico The News and Observer

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For the first time since the administration of LBJ, San Diego has seen the lowest rate in crime per capita says Mayor Jerry Sanders. According to the City of San Diego’s crime report there has been an 8% decrease in crime rates in San Diego.

There were five-percent fewer murders in 2008 compared to 2007. Robberies were down 3-percent, as well as aggravated assaults, hate crimes and domestic violence. Although, there has been a 27 percent increase in rapes in San Diego.

According to Police Chief William Lansdowne, about 80 percent of the rapes that happen are date rapes, usually spousal rapes where people have consumed too much alcohol and have become overly intoxicated . He also stated that the reason he feels there is a rise in these statistics is because more rape victims are reporting these crimes.

Chief Lansdowne also said that grant money will be used for the prevention of rape.

The good news is that with the decrease in crime San Diego is considered one of the safest places to live.

San Diego Crime Rate Drops 8% San Diego 6 TheCW

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The media is buzzing about a new celeb-papparazzi showdown. Apparently a paparazzi has filed a lawsuit in California court claiming that David Beckham and his bodyguard beat him repeatedly, grabbed his camera, and threw it in a trash can.

Emicles Da Mata is suing Beckham and his bodyguard for assault and battery, plus emotional distress. Da Mata is seeking unspecified damages.

Beckham’s attorney reportedly released a statement to E! News stating the following:

"The allegations against Mr. Beckham are false and are without merit. This is another in a long line of paparazzi cases where they chase celebrities and their families causing endangerment."

One wonders how long Da Mata has worked as a paparazzi if an encounter with the world-famous athlete and sex symbol caused him emotional distress.

David Beckham Sued Over Bodyguard's Pap Smack, E! News, January 27, 2009

Beckham Sued -- Accused of Beating Photog, TMZ.com, January 26, 2009

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Last week, an Ocean Beach man who is suspected of carrying out 17 bank robberies in four years was arrested by San Diego police and FBI agents outside his home. Authorities nicknamed the suspect, Stephen Colburn, nicknamed “Big Boy Bandit” because of his large size.

Colburn is suspected of robbing several banks from 2004 to 2008. The most recent robbery occurred on November 17.

The 54-year old was apprehended after employees at a bank in Mission Valley noticed him acting suspiciously. They provided a description of the bank robbery suspect and his license plate number, which helped authorities track him down at his home on Santa Monica Avenue. Authorities booked Colburn into county jail, according to a special agent in charge of the San Diego FBI office.

The series of robberies is still under investigation.

San Diego Police, FBI Nab 'Big Boy Bandit', 760KFMB.com, January 27, 2009

Suspect in 17 bank robberies arrested outside home, San Diego Union-Tribune, January 26, 2009

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