San Diego Criminal Defense Lawyer Blog

A San Diego crime sweep took place over the weekend targeting gangs resulted in 246 people arrested, a 6 percent increase over last year.

“Operation Allied Shield III,” began on Friday evening and ended Saturday morning combining agencies from across San Diego County in an effort to reduce cross border crimes including drug smuggling and human trafficking.

There were 246 arrests made over the nine hour sweep, including 67 gang members. Agencies also impounded 8278 grams of marijuana, 12 grams of Ecstasy, 237 grams of methamphetamine, 15.25 grams of heroin, and 38 grams of cocaine. Other criminal actions included DUI’s, traffic violations, possession of illegal drugs, and parole and probation violations.

The San Diego crime and drug crackdown, “Operation Allied Shield” is in its third phase and is supported by the U. S. Department of Homeland Security and the Department of Justice. Funding was from a $28.3 million DHS grant called “Operation Stonegarden.”

246 Arrested, Drugs Seized In 'Operation Allied Shield III', 10News.com, March 28, 2011

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On Tuesday in Vista California, Brendan Liam O’Rourke, the man who shot and wounded two elementary school-age girls in Carlsbad will stand trial on charges such as assault with a firearm and premeditated attempted murder which could land him 103 years to life in prison if he is convicted.

Judge K. Michael Kirkman of the Vista Courthouse decided that there was a sufficient amount of evidence to charge the San Diego shooter with seven counts of each assault as well as murder. On April 26, O’Rourke will stand trial. According to one of the Kelley Elementary school second graders, she explained that she heard O’Rourke yelling when she saw him with a gun right before he shot her.

According to the young victim, she “wasn’t looking at him” because she “ran away.” She then described that she remembered seeing a gun in his hand. The girl, who is now eight years old, had been shot near the elbow of her right arm and the gunfire sounded to her like an “earthquake.” She also explained that her arm felt “squiggly” after she had been wounded.

According to one of the three construction workers who helped capture the San Diego school shooter, testified that O’Rourke was indeed “crazy” as well as having a “disconnected” facial expression during the Carlsbad school shooting. Another construction worker that helped stop the enraged O’Rourke explained that while the gunman was shooting, he was mumbling something about Barack Obama.

Man Accused In Carlsbad School Shooting To Stand Trial, San Diego 10 News, March 8, 2011

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San Diego resident, Miguel Angel Malacara, is the primary suspect in a string of groping assaults.

Malacara’s DNA was extracted through one of the victim’s jeans after he allegedly bit her buttocks. The DNA found on the victim’s jeans matched a sample provided by Malacara after he was convicted for drug trafficking in 2009. Deputy District Attorney Enrique Camarena said “the Chula Vista police reported that one of the victims was bitten on the jeans, and that’s where the DNA was collected”. Witness statements also connect 25-year-old Malacara to the groping string.

No charges have been filed yet fore investigators have not yet submitted any evidence in the groping case. Police searched Malacara’s home last week with a search warrant and obtained a few items from the defendant’s house which includes a pair of white sneakers, four sweatshirts with hoods, a small digital scale, and a metal cash box. According to the witnesses and victims they described him as wearing a “hoodie”. The defendant was arrested Wednesday night for a pair of unrelated domestic violence incidents that occurred last Friday. Malacara appeared at the South Bay Courthouse Friday on the charges of this domestic dispute. The Groping series began in September 2010 and continued until late February 2011 in which the perpetrator grabbed and fondled around 16 female pedestrians.

The San Diego criminal pleaded not guilty to two felony counts and a misdemeanor during his arraignment Friday afternoon. Due to an alleged probation violation, Malacara was ordered to be held without bail by Judge Roderick Shelton. Judge Shelton scheduled and readiness conference for March 7.

Man Suspected In Groping Series Makes Court Appearance, 10news.com, February 25, 2011

Police Capture Suspect In Chula Vista Groping Spree, sandeigo6.com, February 25, 2011

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San Diego Ex-Padre pleaded no contest to his misdemeanor assault charge Thursday.

Kevin Mitchell, 49, was charged with a misdemeanor for attacking a Leonard Lerma last summer on a South Bay golf course. The defendant was a third baseman for the Padres back in 1987 and in 1989 was named the National League’s Most Valuable Player while he played for the San Francisco Giants. July 21, 2010 Mitchell was charged with assault with force likely to cause great bodily injury for attacking Lerma on the 13th hole of the Bonita Golf club. The former Padre Player pleaded no contest to the charge. He is scheduled to be sentenced on April 4 at the South Bay Courthouse where he is looking at a $1,000 fine and a maximum of one year in jail.

According to the Deputy District Attorney Sherry Thompson, Mitchell first slapped the victim then hit him another three times. Thompson also says that it is unclear as to what motivated the attack. Last year at a preliminary hearing, Lerma testified that the defendant, who was playing in a separate group, drove up in a golf cart and confronted him. According to Lerma’s doctors, he had suffered a concussion. Mitchell’s no contest plea means that he neither admits nor denies the charges and can have the same direct effects as a guilty plea.

This is not the defendants first run in with the law. In 1989 Mitchell’s former girlfriend sued him for beating her and threatening her with a gun. Mitchell completed a domestic violence diversion program in which got the criminal charges dropped.

Ex-Padre Pleads No Contest To Assault Charge, 10news.com, March 3, 2011

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