San Diego Criminal Defense Lawyer Blog

Two San Diego Men were convicted of first degree murder along with other charges.

29 year-old Brandon Hayes and 22 year-old Jeffery Carl Reed were convicted Tuesday for robbing and strangling their grandmother in her mobile home. Both men were charged and found guilty of first-degree murder along with two special circumstance allegations of murder committed in the course of a robbery and burglary branching from the death of 73 year-old Eunice Cothron. No date has been set for sentencing yet but the two men are looking at life in prison without the possibility of parole. The jury read their verdicts Monday afternoon after starting the deliberations Friday. Linda Allen, Cothron’s niece said after the verdict was read “we now have justice and go on with closure”.

According to Prosecutor Kurt Mechals, Cothron’s body was discovered by her son who is also Hayes’ father, Allen, and that she had bruises on her arms, lacerations to her neck and had blunt force injuries to her head face and neck. The prosecution argued that the defendant, Hayes, had strangled the victim after she had acquired a restraining order against him. Mechals also argued that “these are two drug-addicted individuals who, in our theory, wanted money and they knew where to get it. The prosecution explained to the jury that Cothron sympathized with Hayes and would give him money and do his chores when the rest of his family had disowned him because of he constantly stole from them.

Bart Sheela, Hayes’ San Diego Criminal Defense Lawyer, didn’t argue that Hayes killed his grandmother however he argued on the reason for why he did it. According to Sheela, Hayes killed his grandma and robbed her because she told him she did not have her birth certificate and was not guilty of murder because his intention was not to rob her.

2 Men Guilty Of Robbing, Murdering Grandmother, 10news.com, August 23, 2011

Grandson, friend guilty in murder of elderly woman, fox5sandiego.com, August 23, 2011

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San Diego culprits of kidnapping and assaulting a 21 year-old woman were arrested Friday. Police identified 33 year-old Christopher Carrera and 47 year-old Catherine McCoy as the suspects of an assault against a 21 year-old woman. According to the San Diego Police Lt. Andra Brown, the pair was taken into custody on Friday. The man and women are believed to have attacked a young woman as she walked to her home in the City Heights area at around 7:30 p.m. Police have reason to believe that the woman knew her attackers. The suspects allegedly kicked and punched the young woman and then forced her into a white SUV. McCoy proceeded to beat and sexually assault the woman while Carrera drove. McCoy also threatened to kill the woman.

On State Route 125, Carrera suddenly stopped the SUV and dragged the victim by her hair over to an embankment and then fled the scene. A passing driver witnessed the incident and called the police at about 8:30 p.m. California Highway Patrol Sgt. Kevin Mensior said the witness “saw a male dragging the victim up the side of the hill by her hair…by the time they got turned around they were gone or in the process of leaving”. The victim was taken to a Chula Vista Hospital and suffered extensive injuries.

Both Carrera and McCoy were arrested on Friday during follow-up investigations. The two are being charged with attempted murder in the first degree and kidnapping with the intent to commit robbery and rape. Carrera was booked into County Jail and McCoy in Las Colinas and are being held without bail.

2 Arrested In Connection With Kidnapping, Sexual Assault Case, 10news.com, August 20, 2011

Two arrested for kidnapping, assault of woman found naked on roadside, cbs8.com, August 20,2011

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Escondido resident was arrested for stealing a 12 year-old girl’s identity.

The Escondido Police Department announced Wednesday the arrest of a 37 year-old undocumented woman that stole a 12 year-old girl’s identity. The woman was identified by the Escondido Police Department as Imelda Martinez- Hernandez. Martinez- Hernandez was arrested Tuesday and is being charged with using false citizenship documents and identity theft.

Martinez- Hernandez, who police say is an undocumented illegal immigrant from Mexico, was an employee at ABM Janitorial since 2002. Martinez- Hernandez used the Social Security number which belongs to a 12 year-old girl from Upland California in order to get employed. According to police, the child’s mother was informed by San Bernardino County officials that someone had obtained and been using her daughters Social Security number. After the 12 year-old girl’s mother had reported the stolen Social Security number with the Upland Police Department, the investigation found that it was being used by a worker in Escondido.

Martinez- Hernandez was arrested by Escondido police at her place of employment. Escondido Police then learned that Martinez- Hernandez also used a fake Social security card and a fake permanent alien resident card in order to gain employment. Martinez- Hernandez was issued an immigration hold after she was taken to the Vista Detention Facility.

Woman Accused Of Stealing Identity Of Girl, 12, 10news.com, August 17, 2011

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Vista man pleaded guilty Monday for his involvement in beating teenager to death.

33 year-old Brent Molina entered the guilty plea to the charge of voluntary manslaughter for his connection to fatally beating 18 year-old Devin Blackowl more than three years ago on the Pala Indian Reservation. According to Prosecutor Kate Flaherty, the defendant will be sentenced to 15 years in state prison on September 13. The defendant also pleaded guilty to assault with a deadly weapon, mayhem and kidnapping charges.

32 year-old Edward Maxcy, the other defendant, also faces 15 years in state prison. His sentencing is set for November 8. The second defendant also pleaded guilty at an earlier hearing for a second-degree murder charge. Flaherty said Blackowl’s body was found off of Lilac road in a dirt lot on July 24, 2008. This area is popular with off-roaders. The prosecution said that after they beat the victim for 90 seconds, the attackers then put the body into a truck and drove off. The beating was caught on a security surveillance camera. Authorities said that they do not know the motive for the killing but they do believe that the victim and Maxcy knew each other.

If you have been arrested and charged with a crime in San Diego County, trust your case to an experienced San Diego criminal lawyer. Victor A. Orsatti at the San Diego Law Center will explain all of your legal options during a free consultation.

Man Pleads Guilty In Beating Death Of Teen , 10news.com, August 15, 2011

Accused killers ordered to stand trial in Pala shooting, cbs8.com, September 16, 2009

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San Diego criminal defense attorney was sentenced Thursday for secretly filming several women undressing in an Escondido tanning salon.

43 year-old David Taylor Kaye was ordered by Judge Eugenia Eyherabide to probation and to receive sex offender counseling. Kaye was also ordered to not own pornography or a cell phone camera as well as to stay clear of tanning salons during his three year probation. Kaye was facing a 180 day jail sentence but Judge Eugenia suspended the jail stay unless Kaye violates his probation.

According to Deputy District Attorney Annette Irving, in June the defendant pleaded guilty to two misdemeanor counts each of filming another individual without their knowledge or consent and of peeping through a private area. Irving said “what was especially troubling was the fact that the person who committed these crimes holds the position of trust in our community”. Kaye was under a 10-month investigation which began when someone saw him secretly filming women at a tanning salon on El Norte Parkway. According to Escondido police Lt. Craig carter, on April 19, 2010 Kaye was arrested and charged with four misdemeanor counts of secretly filming another individual. There were seven victims identified one of them only being a 15 year-old girl.

A customer of the tanning salon happened to look up and was startled to see a recording camera in a small place between the ceiling and walls which separate the tanning booths where Kaye had placed them. Escondido police obtained a search warrant for the defendant’s San Marcos home and business in Carlsbad. According to the lieutenant, police found additional evidence on Kaye’s phones and computers that led to more charges. Kaye apologized to his victims through his San Diego criminal defense lawyer, Sean Leslie. Leslie said “He’s been very remorseful. He’s very apologetic, and he wants to make amends”.

Lawyer Who Taped Women At Tanning Salon Sentenced, 10news.com, August 11, 2011

Attorney Who Secretly Used Phone to Photograph Undressing Women Sentenced, sandiego6.com, August 11, 2011

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Imperial Beach gas station attendant was tied up by two robbers during an armed robbery.

The San Diego County sheriff’s department is searching for the two suspects who robbed and tied up a gas station employee last Tuesday. One of the robbers held the victim in the back office of the station at gunpoint while the other went ahead and robbed the Imperial Beach gas station. According to San Diego County Sheriff’s Sgt. Michael Blevins the incident was reported around 10:50 p.m. and occurred at the Beach Side Station at 681 State Route 75 on Tuesday. Blevins added that the two robbers wore bandanas over their faces, hoodies and baseball caps on their heads. One of the suspects carried a black handgun.

The robbers ordered the employee to open a safe in the back office after emptying out the cash register. The employee complied and was then tied up by the San Diego criminals. The two suspects left the scene on foot and headed southbound on Seventh Street. With them they had the money from the cash register and the safe. The exact loss was not released. The sergeant said that the lone employee was freed moments later by a customer who came into the Beach Side gas station.

The two men were described by authorities as young black men in their 20s, around 5 feet 8 inches and weighing anywhere between 160 and 170 pounds. The deputies of the San Diego Sheriff’s department are still investigating the crime.

2 Men Tie Up Gas Station Employee During Robbery, 10news.com, August 10, 2011

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