Best Defender Bytes:

December 30, 2015

PLACENTIA GANG MEMBER ARRESTED IN CENTRAL CALIFORNIA TO BE ARRAIGNED ON CHARGES FOR ATTEMPTED MURDER OF GANG RIVAL

Filed under: California Defense Attorney — fayarfa @ 4:36 am

SANTA ANA, Calif. – A Placentia criminal street gang member who was arrested in central California was brought back to Orange County to be arraigned on charges for the attempted murder of a gang rival. The Orange County District Attorney’s Office (OCDA) is seeking to enjoin Erick Adonis Ferman, 19, Placentia, and Matthew Luis Zavala, 20, Fullerton, in a gang injunction. Ferman and Zavala are each charged with one felony count of attempted murder, and one felony count of street terrorism with a sentencing enhancement for criminal street gang activity. Zavala also faces sentencing enhancement allegations for two prior strike convictions for vandalism with damage of $400 or more with a sentencing enhancement for criminal street gang activity in 2014, both in Orange County. Zavala is currently being held on $500,000 bail. If convicted, Zavala faces a maximum sentence of 51 years to life in state prison. If convicted, Ferman faces a maximum sentence of 19 years in state prison. Ferman was apprehended on an arrest warrant by officers from the Fullerton Police Deparment (FPD) and members of the U.S. Marshals Service in central California on Dec. 27, 2015, and is scheduled to be arraigned today, Dec. 29, 2015, in Department CJ-1, Central Jail, Santa Ana. The time is to be determined.

Three additional co-defendants have been charged in this case, Cynthia Barron-Juarez, 20, Garden Grove, Lexus Marie Cobos, 19, Anaheim, and Vincent Matthew Duran, 19, Placentia, are each charged with one felony count of unlawful taking of a vehicle. Duran is also charged with one felony count of attempted murder, and one felony count of street terrorism with sentencing enhancement allegations for criminal street gang activity and inflicting great bodily injury. Barron-Juarez is also charged with one felony count of attempted murder and one felony count of street terrorism, with a sentencing enhancement allegation for criminal street gang activity. If convicted, Barron-Juarez faces a maximum sentence of 20 years and eight months in state prison, Cobos faces a maximum sentence of three years in state prison, and Duran faces a maximum sentence of 23 years and eight months in state prison. Zavala, Barron-Juarez, Cobos, and Duran are scheduled for a continued arraignment Jan 8, 2016, at 10:00 a.m. in Department CJ-1, Central Jail, Santa Ana.

On Sept. 21, 2015, the OCDA filed a lawsuit against two violent criminal street gangs in the city of Placentia. On Nov. 16, 2015, the Honorable Peter Wilson issued a preliminary injunction on both criminal street gangs.

On Sept. 30, 2015, Zavala and Ferman were personally served with a copy of the proposed injunction. In order to be named and served on the injunction, the party must be a documented and active member in an enjoined criminal street gang. To read more about the injunction, please visit the following link:

(more…)

Pomona Man Charged with Torture Murder

Filed under: California Defense Attorney — fayarfa @ 4:32 am

A Pomona man was charged today with the torture murder of the mother of his children during a domestic dispute on Christmas Day, the Los Angeles County District Attorney’s Office announced.

Clarence Durell Dear (dob 1/11/64) is scheduled to be arraigned sometime today in Department N at the Pomona Branch of the Los Angeles County Superior Court in case No. KA111435. Prosecutors will ask that he be held without bail.

Deputy District Attorney Joy Roberts with the Arson Unit is prosecuting the case.

Dear is charged with dousing the 41-year-old victim, Dawn H., with a flammable liquid and setting her on fire. The incident occurred shortly before 2 p.m. Friday in the 1500 block of Cordova Street. The victim later died at a nearby hospital.

Dear is charged with one count of murder with the special circumstance of torture. He also is charged with one count of cruelty to a child, the couple’s 12-year-old son.

(more…)

December 29, 2015

Attorney General Kamala D. Harris Announces Landmark Settlement with Pratibha Syntex Ltd.

Filed under: California Defense Attorney — fayarfa @ 5:24 am

LOS ANGELES - Attorney General Kamala D. Harris today announced a settlement resolving allegations that Pratibha Syntex Ltd., a company based in India, gained an unfair competitive advantage over American-based companies by using pirated software in the production of clothing imported and sold in California. The case marks the first time a state has secured a legally enforceable judgment against an international company for these types of violations.

The settlement, which was filed in Los Angeles Superior Court and has been approved by a judge, requires Pratibha Syntex to pay $100,000 in restitution within 30 days.

In 2013, Attorney General Harris sued Pratibha Syntex on the basis that it did not pay licensing fees for software it relied on for its business, including products manufactured by Adobe, Microsoft, and others, giving the company a significant cost advantage in the low-margin business of apparel manufacturing, shipment and sales.

“Pratibha Syntex engaged in illegal business practices that placed California garment companies at a disadvantage, while hurting American software companies’ ability to develop new and innovative products, ” Attorney General Harris said. “Businesses around the globe should be on notice that the state of California will hold them accountable for stealing intellectual property to unfairly undercut their competition.”

(more…)

Attorney General Kamala D. Harris Announces New Law Enforcement Reporting Requirements for Officer-Involved Shootings and Use of Force

Filed under: Uncategorized — fayarfa @ 5:20 am

LOS ANGELES - Attorney General Kamala D. Harris today issued an information bulletin to California law enforcement agencies outlining new responsibilities under state law to report incidents involving shootings or any use of force that results in serious bodily injury or death of a civilian or a peace officer.

AB 71 (Rodriguez), which was supported by Attorney General Harris, requires all California law enforcement agencies starting January 1, 2016 to begin collecting data on incidents involving the shooting of a civilian by a peace officer, the shooting of a peace officer by a civilian, as well as data on incidents involving use of force by a civilian/peace officer against the other that result in serious bodily injury or death.  An annual report of data must be submitted to the California Department of Justice beginning January 1, 2017.

“As a career prosecutor, I have always known one central truth: the public and law enforcement need each other to keep our communities safe.  I am proud to implement landmark legislation requiring reporting from law enforcement agencies to the California Department of Justice on shooting and use of force incidents,” said Attorney General Harris.  “California is leading the nation in promoting accountability through open data, which will strengthen trust between law enforcement and the communities that we are sworn to protect.”

As a part of the bulletin, the Attorney General distributed a use of force incident template to inform law enforcement agencies and officers of the required data fields that must be submitted to the Department of Justice.  This template was created with input from stakeholders including Assemblymember Rodriguez’ office, California law enforcement associations, state and local law enforcement agencies, and advocacy groups.  The template and its accompanying instructions are also available on the California Law Enforcement Web and on the California Department of Justice website: http://oag.ca.gov/law.

(more…)

Driver Found Guilty of DUI Crash Into Lancaster Home, Killing Elderly Woman

Filed under: California Defense Attorney — fayarfa @ 5:14 am

A 26-year-old man was found guilty today of crashing into a Lancaster home, killing a 71-year-old woman who was in her bedroom, the Los Angeles County District Attorney’s Office announced.

Deputy District Attorney Sun Chung said a jury found Aaron Daniel Benson of Lancaster guilty of one count each of murder, gross vehicular manslaughter while intoxicated, driving under the influence of alcohol causing injury within 10 years of another DUI offense and driving with a .08 percent blood alcohol content causing injury within 10 years of another DUI offense in case MA065673.

Benson faces 15 years to life in state prison at a hearing scheduled on Feb. 2 in Department A20 of the Los Angeles County Superior Court, Antelope Valley Branch.

Benson was driving with a blood alcohol level that was more than twice the legal limit on West Avenue J-12 when he crashed into Patricia Ann Holmes’ bedroom on March 29, according to court testimony. Holmes, who was lying in her bed at the time, died as a result of the injuries, the prosecutor said.

(more…)

December 28, 2015

First Charges Brought in Investigation of Collusion Among Heir Location Services Firms

Filed under: California Defense Attorney — fayarfa @ 5:11 am

The president and CEO of a California-based heir location services provider and his firm have agreed to plead guilty to allocating customers with another heir location firm, announced Assistant Attorney General Bill Baer of the Justice Department’s Antitrust Division.

Bradley N. Davis, president of Brandenburger & Davis, and his firm will plead guilty to conspiring between 2003 and 2012 to eliminate competition in the heir location services industry.  Heir location services firms identify people who may be entitled to an inheritance from the estate of a relative who died without a will.  The heir location services firms then help heirs secure their inheritances in exchange for a contingency fee paid out of the inheritances they are due to receive.

“The defendants conspired for nearly a decade to enrich themselves at the expense of beneficiaries,” said Assistant Attorney General Baer.  “Heirs of relatives who died without a will deserve better.  Working with the FBI and our other law enforcement partners, the Antitrust Division will continue to hold the leaders of companies that corrupt the competitive process accountable for their crimes.”

Brandenburger & Davis has agreed to pay an $890,000 criminal fine for its role in the conspiracy.  In a separate plea agreement, Davis and the Antitrust Division have jointly agreed to allow the court to determine an appropriate criminal sentence.  In addition, both the company and Davis have agreed to assist the government in its investigation.  The charge was filed today in the U.S. District Court of the Northern District of Illinois.  The terms of the plea agreements are subject to approval of the court.

(more…)

Reseda Man Charged with String of Armed Robberies

Filed under: California Defense Attorney — fayarfa @ 5:08 am

A Reseda man faces 24 felony counts in connection with a string of armed robberies in the West San Fernando Valley, the Los Angeles County District Attorney’s Office announced today.

Deputy District Attorney Kaveh Faturechi said Jason Paul Holman (dob 7/12/81) faces 21 counts of robbery in the second degree and one count each of kidnapping for robbery, attempted robbery of the second degree and possession of a firearm by a felon.

Holman pleaded not guilty yesterday in case PA085337 and is due back on Jan. 7 in Department S of the Los Angeles County Superior Court, San Fernando Branch.

According to the criminal complaint, the defendant robbed employees at more than a dozen locations between July 7, 2014 and Dec. 20. T

he locations included various fast food restaurants and gas stations, the prosecutor said. During a Dec. 13 robbery, Holman allegedly forced a store clerk back inside the business so he could rob him, the prosecutor added.

(more…)

Tarzana Man Charged with Shotgun Killing of Girlfriend

Filed under: California Defense Attorney — fayarfa @ 5:06 am

A 22-year-old man has been charged with killing his girlfriend with a shotgun, the Los Angeles County District Attorney’s Office announced today.

Dominick Teret (dob 5/13/93) of Tarzana faces one count of murder and allegations that he personally used a shotgun to commit the murder.

Teret pleaded not guilty to the charge yesterday and is scheduled to return for a preliminary hearing on Jan. 6 in Department 120 of the Los Angeles County Superior Court, Van Nuys Branch.

The defendant allegedly shot his girlfriend, Jensenia Baca, 21, at his apartment in the 6200 block of Reseda Boulevard in Tarzana on Dec. 20, prosecutors said.

If convicted as charged, Teret faces a possible maximum sentence of life in state prison.

(more…)

December 24, 2015

BUSINESSMAN AND CPA WIFE TO BE ARRAIGNED FOR DEFRAUDING INVESTORS AND STEALING MORE THAN $3 MILLION IN AFFINITY SCHEME

Filed under: Uncategorized — fayarfa @ 4:51 am

SANTA ANA, Calif. – A businessman and his wife, who has a certified public accountant license, will be arraigned tomorrow on charges of defrauding investors and stealing more than $3 million in an affinity scheme. Steven Andrew McKinlay, 58, and Kristi B. McKinlay (licensed as Kindred), 56, both of Coto de Caza, are charged with 10 felony counts of using untrue statements in the purchase or sale of a security, one felony count of grand theft, and one felony count for the use of a device in a scheme to defraud, with sentencing enhancement allegations for loss over $100,000, aggravated white collar crime over $500,000, causing property damage with loss over $1.3 million. If convicted, the defendants face a maximum sentence of 23 years and eight months in state prison. The McKinlays are in custody on $3 million bail and must prove the money is from a legal and legitimate source before posting bond. They are scheduled for a continued arraignment tomorrow, Wednesday, Dec. 23, 2015, at 10:00 a.m. in Department CJ-1, Central Jail, Santa Ana.

Victims

The defendants are accused of victimizing more than 10 individuals, including a former Major League Baseball player, a family friend who came into money through a devastating personal injury, and a cancer patient who wanted to secure an inheritance for his family. Their investments ranged from $22,500 to over $700,000. Many of the victims had been associated with the defendants through the church they attended.

What is Affinity Fraud

The Securities Exchange Commission defines affinity fraud as:

Affinity fraud refers to investment scams that prey upon members of identifiable groups, such as religious or ethnic communities, the elderly or professional groups. The fraudsters who promote affinity scams frequently are - or pretend to be - members of the group. They often enlist respected community or religious leaders from within the group to spread the word about the scheme by convincing those people that a fraudulent investment is legitimate and worthwhile. Many times, those leaders become unwitting victims of the fraudster’s ruse.

(more…)

DRIVER AND TWO PASSENGERS TO BE ARRAIGNED FOR IDENTITY THEFT AND RECKLESSLY EVADING PURSUING OFFICERS IN HIGH-SPEED CHASE

Filed under: California Defense Attorney — fayarfa @ 4:49 am

SANTA ANA, Calif. – A driver and his two passengers are scheduled to be arraigned today on charges of identity theft and recklessly evading pursuing officers in a high-speed chase across Orange County and Los Angeles County. David Bryan Brown, 45, Jessica Smith Roten, 55, and Corey Dillon Richardson, 22, all of Anaheim, are each charged with one felony count of identity theft by retaining information on 10 or more victims with the intent to defraud. Brown is also charged with one felony count of evading while driving recklessly and sentencing enhancement allegations for prior prison convictions for the unlawful taking of a vehicle on two separate instances in 1993, possession of a controlled substance in 1994, second degree burglary in 1995, attempted grand theft, unlawful taking of a vehicle and evading while driving recklessly in 1996, receiving stolen property and possession of a controlled substance in 2000, second degree burglary and receiving stolen property in 2001, receiving a stolen vehicle and receiving stolen property in 2003, possession of a controlled substance in 2005, buying or receiving a stolen vehicle in 2006, second degree burglary in 2008, possession of a controlled substance and receiving stolen property in 2008, all in Orange County. If convicted, Brown faces a maximum sentence of 12 years and eight months in state prison. If convicted, Roten and Richardson face a maximum sentence of three years in state prison. The defendants are scheduled to be arraigned today, Dec. 22, 2015, in Department CJ-1, Central Jail, Santa Ana. The time is to be determined.

On Dec. 18, 2015, the defendants are accused of taking mail out of mailboxes across south Orange County, and possessing the personal identifying information of at least 21 victims. Brown is accused of driving the vehicle that the defendants used to take items from mailboxes.

A witness contacted the Orange County Sherriff’s Department (OCSD), who began investigating this case. OCSD deputies located the vehicle on the northbound Interstate 5 and attempted to stop the vehicle. Brown is accused of refusing to stop and driving recklessly away from pursuing OCSD deputies including driving into oncoming traffic, failing to stop at traffic lights and stop signs and nearly hitting other vehicles. Roten and Richardson are accused of throwing the stolen items out of the car windows while the pursuit was underway.

Officers from the Downey Police Department assisted OCSD in the arrest of the defendants at the conclusion of the pursuit.

Orange County District Attorney / Case # 15HF1575 / December 22, 2015

« Newer PostsOlder Posts »

Powered by WordPress