San Diego Criminal Defense Lawyer Blog

A teen was shot and killed while crossing a Chula Vista Street when a gunman opened fire from his car.

Fermen Garcia, 18, and another pedestrian were crossing the street in the 1400 block of Hilltop Drive just before 3:00 p.m. on Tuesday when a car approached them and opened fire, said the San Diego County Medical Examiner’s Office and Chula Vista police.

The two wounded men were taken to the hospital by paramedics. Garcia died shortly after arriving, the other victim, a 19 year-old male suffered a graze wound to the head, according to the Medical Examiner’s Office.

Another man who was with the victims went into a nearby liquor store before the shooting occurred and escaped the violent crime.

The shooter was described as a Latino man with tattoos, wearing blue jeans and a white T-shirt. He fled the scene in a silver sedan with tinted windows.

The motive for the shooting has not yet been released said, police spokesman Bernard Gonzales.

Chula Vista Teen Shot and Killed in Broad Daylight; Victim ID'd, SD 6 The CW, April 29, 2009

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San Diego Chargers linebacker Shaun Phillips was cited for misdemeanor battery after allegedly hitting a security guard at the Ivy Hotel in downtown San Diego early Saturday morning, according to the San Diego police.

The fight was reported about 1:25 a.m. at the Ivy hotel on F Street, said San Diego police.

It was reported that a security guard was called to break up a fight that was happening at the rooftop bar, and that Phillips “used his right hand to hit the guard in the left side of his face,” said San Diego police Officer J. Denny.

Phillips was place under citizen’s arrest by the security guard for battery, he was then cited by the officer and later released to a written promise to appear in court for misdemeanor arraignment.

Shaun Phillips has denied having anything to do with the incident at the Ivy Hotel. Although this is the second time that Phillips was involved in a battery incident this month, according to police.

Chargers player Phillips cited in Ivy Hotel punchout, Sign on San Diego, April 27, 2009

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According to San Diego’s Regional Auto Theft Task Force a total of 5200 fewer vehicles have been stolen in 2008. Car theft is down 24 percent, truck theft is down 14 percent and motorcycle theft is 20 percent. This is a dramatic drop in vehicle theft, said law enforcement. “It makes me feel good that what we are doing on law enforcement and the regional task force is really working,” said Capt. Lisa Wrobel. San Diego detectives are infiltrating a number of car theft rings and repeat car thieves are being kept in prison longer because of stronger prosecution. “We have some district attorneys that prosecute these people to the fullest extent,” said Capt. Wrobel. Recovering stolen vehicles continues to be one of San Diego’s biggest issues because “We are so close to the international border,” said Capt. Wrobel. One reason car thefts are down is because of the recession, according to detectives. More people are parking in safer areas, guarding their property, locking their cars and not leaving their keys in the car. San Diego County Vehicle Thefts Drop By 19 Percent, KFMB News 8, April 27, 2009

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A jury has found an El Cajon man that was convicted of first-degree murder after a shooting of a liquor store distributor at City Heights liquor store of life without parole.

Man guilty of murder gets life without parole, Sign on San Diego, April 15, 2009

Sadiq Saibu, 25 was found guilty of the murder of Doraid Toma, 35, who was making a liquor sales stop at T& M Liquor on July 13, 2005 when he was killed.

Saibu has been sentenced to life in prison without parole plus 32 years and 8 months by San Diego Superior Court Judge Charles Rogers. He has also been convicted of attempted murder and attempted robbery and other felony charges.

Judge Rogers said that Saibu did not fire the shots that killed Toma, but aided and abetted Antonio Valentino, another man who was convicted in the case.

Both Saibu and Valentino were in prison when investigators associated them with the violent crime.

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A San Diego Police officer was stabbed with a pen by a teenage girl, while her father was being arrested in the Lake Murray area.

Police shot the teenage girl with a Taser after the attack. The officers, the girl and her father all ended up in the hospital for treatment, said police Lt Chuck Kaye.

The incident occurred about 5:45 p.m. at a home on Everglades Avenue when a patrol officer and a detective tried to arrest a man on a felony warrant for assault with a deadly weapon. As the man went outside to let the officers handcuff him, his 17 year-old daughter assaulted them.

The teenager bit the patrol officer on the forearm, and then stabbed the detective in the face with a pen, scratching him from forehead to chin.

Other San Diego police officers were called in for help. As they arrived at the home of the assault, one of the officers used a Taser on the girl. The father of the girl complained of chest pains after the attack and was taken to the hospital.

Teen shot with Taser after allegedly attacking cops, Sign on San Diego, April 23, 2009

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Police have arrested two teenage women in connection with a fatal stabbing of a National City woman in broad daylight.

Justine Brown, 18, of National City died shortly after sustaining a fatal stab wound to the left side of her chest, about 1:00 p.m. Friday. The murder occurred in the 100 block of East 9th Street in National City.

According to the San Diego County’s Medical Examiner’s Office, Brown was taken to UCSD Medical Center where she was pronounced dead on arrival.

Antoinette Dokes Hendricks, 18, was arrested and taken into custody late Saturday night in connection with the fatal stabbing on charges of suspicion of murder. The suspected murderer is also known as Antoinette Latrice Dokes.

Another suspect, Rachel Elizabeth Wheelis, 19, was also arrested and taken into custody on suspicion of being an accessory to murder, according to the San Diego County Sheriff’s Department.

Hendricks and Brown appeared to have a mutual boyfriend, which might have been a motive.

Two Teens Held in Connection with Fatal National City Stabbing, KFMB News 8, April 19, 2009

Victim of stabbing ID'd; two have been arrested, Sign on San Diego, April 20, 2009

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A guilty verdict for legendary rock music producer Phil Spector, who was convicted today with second - degree murder in the fatal shooting death of actress Lana Clarkson at his mansion six years ago.

After 30 hours of deliberation, the Superior Court jury concluded that Spector, 69, murdered 40 year-old Clarkson just hours after meeting her at a Sunset Strip nightclub where she was a hostess.

As the verdict was read, Spector who has worked with recording artists such as the Beatles and Tina Turner, remained stoic while his young wife Rachelle wept.

Spector’s criminal defense attorney requested that he remain free on bail until sentencing. Judge Larry Paul Fidler rejected the request and ordered him into custody immediately. “Public safety and public protection are paramount,” Fidler said.

According to prosecutors, Spector had a history of threatening women with guns when they tried to leave his presence, especially if he was drunk.

“Every single fact says this is a self-inflicted gunshot wound,” defense attorney Doron Weinberg argued. “How do you ignore it? How do you say this could have been a homicide?”

Prosecutor Alan Jackson said the one word that could sum up Spector’s motive for killing Clarkson is: “Rage”.

Spector could be facing 15 years to life for the murder of Clarkson.

Spector guilty of 2nd degree murder, Sign on San Diego,April 13, 2009

Phil Spector convicted of second-degree murder, Los Angeles Times, April 13, 2009

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As a homeless man slept near an Escondido flood control channel, he was beaten more than 30 times with a baseball bat, suffering major head wounds.

According to Lt Bob Benten, witnesses said that several young men attacked the man just before 2:00 a.m. Tuesday with a baseball bat as he lay sleeping on a bicycle path. The attackers fled before police arrived.

The homeless man was taken to Palomar Medical Center where he remains in a medically induced coma.

Another man had called a short time earlier to report that he had been attacked by three to five men on the same bicycle path.

Four people have been brought in for questioning by police. It is not known if they were involved in the assault.

The flood control channel has had increased police patrols because of graffiti and vandalism although other attacks and robberies have been reported.

Homeless Man Beaten With Bat More Than 30 Times, San Diego News, April 8, 2009

Homeless man beaten with bat in Escondido, San Diego 6 The CW, April 7,2009

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A 21 year-old man was killed in Carlsbad, an Encinitas gang member was arrested and jailed on Sunday in connection with the fatal shooting, while two others were taken into custody on Monday, said police.

The incident happened in the area of Pine Park where the body of Juan Carlos Balderas of Encinitas was found in a vacant lot at Chestnut and Madison Street about 8:30 p.m. on Saturday, said Lt Kelly Cain.

Javier Lopez, 19 who is accused of shooting Balderas was arrested and taken into custody on Sunday. Carlsbad police gang detectives are investigating the violent crime. The motive for the killing has not yet been released, according to Carlsbad police Lt. Neil Gallucci.

Jose Barraza, 26 and Victor Lopez, 20 were arrested on Monday in connection with the murder, said Lt. Cain.

Lopez remains at the Vista jail without bail.

Three Arrested In Carlsbad Fatal Shooting, San Diego News 10.com, April 6,2009

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In San Diego last night a man who said he had a gun and accomplices waiting for him, robbed two frozen yogurt shops and an ice cream store within 90 minutes of each other, said San Diego Police.

Around 10:00p.m. The first robbery occurred at the Cold Stone Creamery on Westview Parkway off Mire Mesa Boulevard.

The second robbery was reported about 10:20 p.m. at the Pinkberry yogurt shop at 3795 Fourth Avenue in the Hillcrest area.

The last theft crime happened just after 11:30 p.m. at the Tutti –Frutti yogurt shop on Villa La Jolla Drive in La Jolla. According to police, customers entered the yogurt shop while the robbery was happening and the thief ordered the clerks to serve the patrons while he waited.

Witnesses describe the thieves in all three robberies as black men who appear to be in their 20’s, between 5 feet 6 and 6 feet tall, about 200-250 pounds wearing a black doo rag and blue jeans. The man in the third robbery was described as having his hair in cornrows.

Police said that no one was injured in the robberies. An undisclosed amount of cash was stolen from the crime scenes.

Serial Robber Hits Yogurt & Ice Cream Shops, San Diego 6 The CW, April 6, 2009

Sweet-tooth robbers hit yogurt, ice cream shops, Sign on San Diego, April 6, 2009

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A woman who was on vacation visiting family with her husband was fatally stabbed in a Toys “R” Us parking lot in Oceanside on Friday, according to Oceanside police.

Katherine H. Parker 54, of Lincoln, was assaulted just after 4:00 p.m. when she had left a Hallmark store in Oceanside and was walking to her car in the parking lot near the toy store on Vista Way near South El Camino Real, said Oceanside police officer Kim Rainwater.

Parker was flown by a county fire rescue helicopter to a San Diego trauma center where she died a short time later, according to the Medical Examiner’s Office. Parker was from Lincoln, a small town in Northern California.

Investigators say there was no motive for the attack.

Russell Andreasen, 36, turned himself into police after remaining in the parking lot for them to arrive, according to Lt. Leonard Mata. The murder suspect was arrested and taken to the Oceanside police station for questioning.

Woman dies after being stabbed in parking lot, Sign on San Diego, April 4,2009

Oceanside Police Looking for Motive in Stabbing Death, KFMB News 8, April 4, 2009

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A foster mother from South Bay is accused of steeling donated toys she collected for needy children, pleaded not guilty to grand theft and embezzlement charges.

Virginia Prieto Kelly, 73, was taken into custody and released on her own recognizance, while her two disabled foster children were taken away from her by Child Welfare Services. According to her criminal defense attorney, she had committed no crime and the donated toys had just accumulated over time.

Kelly who is the president of the Latino Foster Parent Association is accused of selling more than 11,000 toys she had stored in three locations. She would sell the toys at garage sales or would find others to sell them for her.

“She kept many of the toys for herself,” said Deputy District Attorney Chris Ryan. “Not only did she keep the toys but she enlisted the help of people to sell the toys.” Many of the toys came from Toys for Tots and other charities, said Ryan.

“Steeling from a charity and depriving needy children in San Diego of the chance to get a new toy is despicable,” said District Attorney Bonnie Dumanis.” This criminal investigation has identified someone who brazenly took advantage of the community’s goodwill and trust for many years.”

Kelly’s criminal defense attorney said that she was one of the most active volunteers in San Diego, whose “humanitarian efforts” garnered national awards and there was no evidence to support the criminal allegations.

A readiness conference is scheduled for May 14th. If Kelly is convicted she could be facing up to 4 years in prison.

Thousands Of 'Toys For Tots' Stolen, Sold By San Ysidro Woman, Officials Say, KFMB News 8, April 2, 2009

Elderly Foster Mom Accused of Stealing Thousands of Toys, San Diego 6 The CW, April 2, 2009

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http://www.sandiegolawcenter.com/index.htmlIn Santee, a woman was found with multiple head wounds; her 50 year-old handyman boyfriend was taken into custody on attempted murder charges.

Sheriffs arrived at the home of Donald Lee Hinck just before 12:30am on Prestwick Way after Hinck called them to say he found his live-in girlfriend on the floor lying in a pool of blood.

Hinck said he had just gotten home but authorities found evidence to link him to the domestic violence assault.

It was unclear if the critically injured 38 year-old woman who had been living with Hinck since September would survive, so the detectives called in the homicide unit, according to sheriff’s Detective Pete Carrillo. The battered woman was taken to the hospital where she remains in intensive care.

Detectives found what they believe to be the assault weapon and several other items from the home, said Carrillo.

Hinck was taken to jail without bail and is scheduled for arraignment this Friday.

Man arrested after police find his girlfriend beaten, Sign on San Diego, March 26,2009

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