San Diego Criminal Defense Lawyer Blog

A San Diego jury found a man guilty of first-degree murder and arson after only one day of deliberations.

Larry W. Brown, 46, who was suspected of killing his roommate, Vicki Jo Hunter and setting her Chula Vista motor home on fire in December of 2005, was found guilty on Tuesday. The San Diego homicide victim had left a note with a friend stating that Brown was being physically abusive with her. The next day she was found dead in a burned trailer in a by a San Diego Metro KOA campground employee.

The defendant was found driving Hunter’s vehicle two days later by police. Before he was arrested he led police on a 48 mile chase at speeds of 110 mph.

Brown was found guilty after one day of jury deliberations of first- degree murder, arson and evading officers with reckless driving. Judge Timothy Walsh will sentence Brown on March 24 in South Bay.

Man Guilty of Killing Roommate and Torching Mobile Home, San Diego 6 The CW, February 23, 2010

Continue reading "San Diego Man Convicted of First Degree Murder" »

In San Diego County there were approximately 260 inmates convicted of nonviolent crimes that were released from jails around the San Diego County now that a new state law that is in effect.

A bill that was signed to reduce the state prison population as part of last year’s budget which will decrease an inmate’s amount of time served by about half. This new rule will be retroactive and the inmate will be credited for time already served.

Jail inmates convicted of San Diego violent crimes or crimes relating to children are not eligible for this new rule that now is in effect. Prisoners that were being released from jails in Otay Mesa or George Bailey were brought by bus to South Bay Jail or downtown where they were able use public transit.

The San Diego County Sheriff’s Department has been working in conjunction with the Probation Department, Public Defenders Office, County Council and the District Attorney’s Office to decide which inmates, out of about 1600 are eligible for early release.

Local jails release 260 under new state law, Sign on San Diego, January 25, 2010

Continue reading "San Diego County Jails Release Over 250 Inmates" »

A San Diego crime sweep that took place over the weekend in Escondido nets 56 people arrested, including sex offenders and others with warrants out for their arrest, said Escondido police.

The sweep that targeted individuals who could possibly commit a San Diego criminal offense during the holidays ran from Friday at 4:00p.m.and ended Saturday at 2:00 a.m. Affiliates from the California Department of Corrections, Sheriff’s Department, County Probation, U.S. Immigration and Customs Enforcement and the regional Auto Theft Task Force, and the state Alcohol Beverage Control worked in conjunction of the sweep.

Fifty-six people who were suspected of having felonies, misdemeanors or active warrants were taken into custody by police. 13 San Diego registered sex offenders were checked on as well as 100 people who had warrants or on probation. Seventy-five citations were issued and twenty-two cars were impounded by police, according to Lt. Chris Wynn.

If you are arrested for a crime, having the right San Diego criminal defense attorney to defend your case can be one of the most important decisions you make.

ESCONDIDO: 56 arrested in sweep , North County Times, November 15, 2009

Continue reading "San Diego Crime Sweep in Escondido Nets 56" »

After a seven hour standoff with the SWAT team, a man from Ramona was arrested after tear gas was used to make him surrender, he had aimed a loaded firearm at his girlfriend and threatening to murder her and her two children.

The domestic violent assault happened on Sunday around 10:30 p.m. in the 2600 block of Luelf Street near Dye Road and Southern Oak in Ramona, when Lawrence “Steve” Monterastelli attempted to strangle his 38 year-old girlfriend and threaten the lives of her daughter 12 and her son 9 with his loaded pistol. “Monterastelli also threatened to harm any law enforcement officers called to the scene,” said sheriff’s Detective Aaron Dabbs.

The victim escaped to a neighbor’s house where she was able to call 911 for help leaving her children behind. Once deputies arrived they were able to get the children out of the home safely.

The alleged attacker who was thought to be intoxicated moved to an RV on the property where he refused to turn himself in. After many hours in a standoff, deputies fired tear gas into the recreation vehicle which forced Monterastelli to give himself up.

Deputies arrested Monterastelli and took him to county jail on suspicion of assault with a deadly weapon, negligent discharge of a gun, felony spousal abuse, and child endangerment.

Domestic Violence Suspect Arrested after Lengthy Standoff, San Diego 6 The CW, October 13, 2009

Alleged Armed Man Surrenders After Ramona SWAT Standoff, 10News.com, October 12, 2009

Continue reading "Ramona Man Arrested For Domestic Violence After 7 Hour Standoff With SWAT Team" »

San Diego Chargers Shawne Merriman was arrested at his home in Poway on suspicion of felony battery and false imprisonment for allegedly choking MTV reality star Tila Tequila on Sunday.

According to San Diego County Sheriff’s deputies, 27 year-old Tila made a 911 call at 3:45 a.m. stating that the Chargers outside linebacker choked her, threw her on the floor and physically restrained her from departing his home in Poway.

Tequila was taken to Pomerado Hospital where she was reported to be in good condition. “Deputies did not observe any injuries to her, but she wanted to go and that is her right,” said Jan Caldwell, spokeswomen for the Sheriff’s Department.

“During the evening, Ms. Tequila was extremely intoxicated, inebriated and Mr. Merriman did everything he could to assist her in arranging for transportation to leave his home,” said Todd Macaluso, criminal defense attorney for Merriman, to reporters. “At no time did Mr. Merriman assault her; at no time did Mr. Merriman keep her against her will. His intentions were nothing but good.”

Merriman, 25, was taken into custody and later released. Police are still investigating the domestic incident. Formal charges have not been made pending the District Attorney’s office investigation.

In a statement said by San Diego Chargers General Manager A.J. Smith, “It’s disappointing to hear about the issue regarding Shawne Merriman.” “We’ll continue to monitor the situation and let the legal process run its course.”

CHARGERS: Merriman arrested in domestic incident, North County Times, September 6,2009

Continue reading "San Diego Chargers Outside Linebacker Shawne Merriman Arrested" »

A Girl Scout Volunteer bookkeeper for 44 North County troops was sentenced to spend 30 days in jail and 3 years of probation for embezzling about $13,000 over a period of 18 months.

On January 8th she had pleaded guilty to one count of felony grand theft.

Janet Daily, 36, had been in charge of the bank accounts for 44 Girl Scout troops in the Solana Beach and Rancho Santa Fe area for seven years.

The defendant told police she had financial difficulties and she was going to pay it back.

She tried to pay back some of the stolen money after she was caught, but she still owed the Girl Scouts $5958 when she entered her guilty plea, according to District Attorney Kate Flaherty.

Last November after Daily announced she was moving out of state, coordinators discovered thousands of dollars missing. She was arrested by police and admitted to steeling from the Girl Scouts.

In court yesterday, the former bookkeeper had a check for $5458 and said she would pay back the remaining $500 she still owed.

Daily is now in jail serving her 30 day sentence.

Ex-bookkeeper who stole from Scouts gets 30 days, Sign on San Diego, March 17,2009

Girl Scout Bookkeeper Pleads Guilty To Embezzlement Charges, KFMB News 8, March 16, 2009

Continue reading "North County San Diego Girl Scout Bookkeeper Sentenced " »

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

Continue reading "33 Arrested in San Diego Undercover Drug Sting in Military Housing" »

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

Continue reading "San Diego Based Sailors Charged With Murder" »

California Highway Patrol officers arrested rapper Nate Dogg (real name: Nathaniel Dwayne Hale) after a car chase on June 23. The 38-year-old rapper is perhaps best known for his guest performances on hit albums by 50 Cent, Eminem, and Snoop Dogg. In a true bad boy fashion, Nate Dogg's estranged wife had called 911 after the singer allegedly threatened her life and chased her down Interstate 405.

Nate Dogg is the cousin of fellow rapper Snoop Dogg and is set to be arraigned on July 16 on two felony counts of making criminal threats, a felony count of stalking, and a misdemeanor charge of driving with a suspended license from an earlier DUI. In addition to his previous DUI charge, he was also sentenced to probation earlier this year for attacking his ex-girlfriend's new boyfriend in 2006.

The morning after his arrest, Nate Dogg was released on bond. Several media outlets have attempted to contact Dogg's attorney, but he declined to comment on the case.

If you're facing criminal charges for DUI or other offenses in California, then Victor A. Orsatti at the San Diego Law Center can help. Attorney Orsatti will review your case and help you understand your options. Time is of the essence, so contact the San Diego Law Center and get the legal help you need.

Nate Dogg Charged With Stalking, E! Online, July 8, 2008

Nate Dogg Charged Over Road Rage Wife Chase, The Post Chronicle, July 8, 2008

Nate Dogg to Face Felonies, DailyBreeze.com, July 7, 2008