Archive for the 'Criminal Defense' Category

Suspect in hit-and-run located in San Diego

Posted by Chike on Dec 10 2008 | Accidents, Criminal Defense, San Diego News

Police have located and arrested a suspect in a hit and run accident that killed a mother of three in Oxnard over the weekend.

19-year-old, Bernardino Gijada is being held on suspicion of homicide and felony hit and run and burglary after police tracked him down in San Diego where he had been living with relatives.

The accident happened around 11 p.m. Saturday night between Oxnard Boulevard and 6th Street.

According to authorities, Gijada blew through a red light killing 41-year-old Theresa Virgin of Port Hueneme in the collision and critically injuring numerous other passengers in the vehicle.

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Trial starts for 4th defendant in Bird Rock murder case

Posted by Chike on Oct 28 2008 | Criminal Defense

After plea agreements and sentencings were settled for co-defendants in the “Bird Rock Bandit” murder case, the trial for Seth Cravens began yesterday with a graphic depiction of the scuffle that killed a La Jolla professional surfer.

Jennifer Grosso, the girlfriend of surfer Emery Kauanui Jr., wept in court during her testimony yesterday. Kauanui died in May 2007 after an altercation outside his mother’s La Jolla condominium. “I heard his skull crack when it hit the pavement,” Grosso remembered. Defendant Seth Cravens and defense attorney Mary Ellen Attridge listened to court proceedings yesterday. Cravens, 22, is charged with murder as well as other felony counts.

Wiping away tears, the girlfriend of Kauanui described the horror of watching him fall after Cravens punched him once in the face.

“I heard his skull crack when it hit the pavement,” Jenny Grosso testified in San Diego Superior Court. “It sounded like something just pinged off the sidewalk, and then immediately there was a pool of blood coming from the back of his head. I thought he was dead right there.”

Kauanui, 24, lived for four more days in a hospital after a fight outside his mother’s La Jolla condominium at about 1:30 a.m. on May 24, 2007.

Cravens was arrested in connection with what Deputy District Attorney Sophia Roach said were a series of violent actions over many years in La Jolla.

The Kauanui case drew international attention after prosecutors said Cravens and four other La Jolla High School graduates involved in the fight were members of the gang, the Bird Rock Bandits. Prosecutors said the group was at the center of many alcohol-driven fights in the area. Previous court hearings were packed. But Cravens’ trial began yesterday with only a handful of spectators, including his parents.

Because of the attention, “This case became not a prosecution but a runaway train,” Cravens’ attorney, Mary Ellen Attridge, said yesterday.

Cravens’ four co-defendants accepted guilty plea deals in June to lesser charges. Two of the four – Henri “Hank” Hendricks and Matthew Yanke – will be called to testify in Cravens’ defense, Attridge said outside the courtroom.

Grosso recounted that Kauanui had been losing a fight with one of Cravens’ friends when Cravens “just walked up to Emery and gave him one extremely hard punch.” The punch knocked Kauanui to the ground “like the lights went out,” Grosso said.

Attridge told the jury that Cravens punched Kauanui in self-defense.

“What happened to Emery Kauanui was a tragedy . . . but it was not a murder,” Attridge said. She said Cravens struck Kauanui when Kauanui got “5 inches away from Seth Cravens’ face” in a threatening posture.

Yanke, 22, Eric House, 21, and Orlando Osuna, 23, all pleaded guilty to involuntary manslaughter as a result of the fight that led to Kauanui’s death. Yanke and House were sentenced to 210 days in jail. Osuna was sentenced to 349 days. Hendricks, 22, pleaded guilty to being an accessory after the fact and was sentenced to 90 days in jail.

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Former MLB star Jose Canseco detained at San Ysidro border

Posted by Chike on Oct 17 2008 | Criminal Defense, San Diego News

According to his lawyers and officials, former baseball star Jose Canseco was detained by immigration officials at a San Diego border crossing as he tried to bring a fertility drug from Mexico.

Instead of being arrested, Canseco was issued a notice to appear in federal court “relative to a smuggling violation,” U.S. Immigration and Customs Enforcement spokeswoman Lauren Mack explained.

“It’s a discretion we have, to issue a notice to appear rather than make an arrest when a smaller volume of items are being smuggled,” Mack said.

Mack said no charges have been filed against Canseco, who was given the notice to appear and released Thursday night. She declined to elaborate further on the allegation.

His LA attorney told the press that Canseco, a former major league All-Star, was held for nearly 10 hours at the San Ysidro border crossing. It has been reported that immigration agents said they searched Canseco’s car and found human chorionic gonadotropin, which is illegal to possess without a prescription.

Emerson declined to say if Canseco was in fact in possession of the drug, which is banned by the World Anti-Doping Agency for use in men. The drug helps restore testosterone production that is lost in steroid users.

Emerson went on to say that officials released Canseco after he agreed to allow ICE agents to search his Los Angeles-area home. ICE agents searched the home in the attorney’s presence yesterday as Canseco was returning from San Diego.

“They found nothing. They took nothing,” Emerson said.

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37 year-old murder case solved by San Diego police intern

Posted by Chike on Oct 15 2008 | Criminal Defense, Laws

Modern-day fingerprint analysis technology and a San Diego police intern helped solve a 37-year-old murder. Gerald Metcalf, 60, was arrested yesterday in Texas on suspicion of killing Gerald Jackson, 27, in Pacific Beach.

According to San Diego police, Jackson, a U.S. Postal Service carrier and part-time doorman at the Barbary Coast was found dead by his friends in his apartment after he hadn’t turned up to work for a number of days.

Officers determined Jackson had been stabbed to death sometime after Dec. 28 and his house had been tossed. According to homicide officer Lt. Terry McManus, Jackson’s Ford Torino was found days later in Mexicali, Mexico, and some of his property had been pawned by someone assuming his identification.

The case went unsolved until this past January. An intern assigned to the homicide unit’s cold case team examined the evidence, and investigators, using current fingerprint analysis technology, matched a print from the crime scene to Metcalf. McManus said the case was reopened with assistance from the San Diego and Henderson County, Texas, District Attorney’s Offices.

Texas Department of Public Safety officers arrested Metcalf before noon and he is currently being held in Henderson County Jail awaiting extradition to San Diego, McManus said.

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17 Year Old Arrested In Suspicion of Sexual Assault

Posted by David on Aug 19 2008 | Criminal Defense

The San DIego Police have arrested a 17 year old under suspicion of sexual assault against a young lady in the College Area. The teenager, whose name was not released, was arrested Monday night, according to police. Details of the arrest were not available immediately. Police released a composite sketch of the attacker last week after a woman reported she was sexually assaulted in her home. The assailant entered the victim’s home through an unlocked window about 4 a.m. Wednesday, police said. Detectives are scheduled to release further information about the case later.

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