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March 8, 2016

Man Sentenced For 2013 Murder of Live-In Girlfriend

Filed under: California Defense Attorney — fayarfa @ 6:18 am

A 45-year-old man was sentenced today to 25 years to life in state prison for fatally shooting his live-in girlfriend near the Porter Ranch house they shared, the Los Angeles County District Attorney’s Office announced.

Last week, Joseph Defalco pleaded no contest to one count of second-degree murder and admitted using a firearm.

Deputy District Attorney Julie Kramer, who prosecuted the case, said Defalco shot Ann Risa Suggs, 52, twice in the head and then shot himself before returning to their home on June 14, 2013. After a standoff with police that lasted more than five hours, Defalco was arrested and treated for his injuries.

The defendant and the victim had dated for approximately 20 years and lived together for more than two years at the Porter Ranch house when the murder occurred, the prosecutor said.

Case PA077259 was investigated by the Los Angeles Police Department, Devonshire Station.

Los Angeles County District Attorney / Case PA077259  / March 7, 2016


Filed under: California Defense Attorney — fayarfa @ 6:16 am

SANTA ANA, Calif. – A man was sentenced today to 55 years to life in state prison for assaulting a 2-year-old child causing his death. Lae Thongphun, 34, Garden Grove, was found guilty by a jury Dec. 14, 2015, of one felony count of involuntary manslaughter and one felony count of assault on a child under 8 years of age with force likely to cause great bodily injury causing death with a sentencing enhancement for a prior strike conviction for a first degree burglary in 2007 in Los Angeles County.

At the time of the crime, Thongphun was in a romantic relationship with a woman and lived with her and her two young children in an apartment in Garden Grove.

On Aug. 28, 2009, Thongphun was responsible for taking care of 2-year-old Fox Le and his sister, while their mother was out of the home to attend a birthday celebration. Shortly after the mother left the home, Thongphun intentionally stepped on Le’s stomach. The defendant then called Le’s mother to tell her that her son was not breathing.

At approximately 10:48 p.m., officers from the Garden Grove Police Department (GGPD) and paramedics arrived at the home and found the victim not breathing and his face covered in blood. Paramedics rushed the victim to the hospital where Le was pronounced dead. GGPD subsequently arrested Thongphun.


March 7, 2016


Filed under: California Defense Attorney — fayarfa @ 12:09 am

SANTA ANA, Calif. – A gang member who worked as a federal informant was sentenced today to 21 years in state prison for being a felon in possession of a firearm in public. Fernando Jose Perez, also known as Inmate F, 34, Theo Lacy Jail, was found guilty by a jury on March 9, 2009, of one felony count of possession of a firearm by a felon with sentencing enhancements for crime-bail-crime, criminal street gang activity, and three prior strike convictions for possession of a firearm while on probation and street terrorism in 2000, being an active gang participant having a concealed firearm in a vehicle, gang member carrying a loaded firearm in public, possession of a firearm while on probation and street terrorism in 2001, and receiving and possessing stolen property and street terrorism in 2002, all in Orange County. He faced a maximum of 42 years to life in state prison.

On Aug. 3, 2015, the defense field a “Romero” motion, in which the judge can dismiss past strike allegations set forth in the complaint in order to sentence the defendant to less time in prison, in furtherance of justice.

Perez was sentenced today, March 4, 2016, by the Honorable Gregg L. Prickett, to 21 years in state prison, with more than 13 years of actual time served with credit, after the court took into consideration the United States Attorney’s Office and the FBI’s request for the court to take into consideration Perez’s work as an informant for a federal law enforcement task force, the “Romero” motion, and the defendant’s present felonies and past convictions, as well as the defendant’s background, character and prospects. Judge Prickett dismissed two prior strike convictions which made Perez eligible for a determinate sentence instead of a life sentence.

In light of the court’s ruling, the 06WF2819 case was dismissed today, as well as the crime-bail-crime enhancement in the 07WF0153 case, by the court at the request of the OCDA.



Filed under: California Defense Attorney — fayarfa @ 12:06 am

SANTA ANA, Calif. – Additional charges were filed today for three defendants previously charged with escaping from custody at the Orange County Men’s Central Jail (OCJ). Bac Tien Duong, 43, Hossein Nayeri, 37, Newport Beach, and Jonathan Tieu, 20, Fountain Valley, are each charged with one felony count of the unlawful taking of a vehicle and one felony count of kidnapping to commit robbery. The defendants are scheduled to be arraigned today, March 4, 2016, at 10:45 a.m. in Department CJ-1, Central Jail, Santa Ana.

On Jan. 25, 2016, the defendants were each charged with one felony count of escape from pending felony charges. Duong faces also faces sentencing enhancements for prior prison convictions for second degree burglary in 1995 in San Diego County, reckless evading of a peace officer in 2008, and possession for sale of a controlled substance in 2011.

If convicted, Nayeri and Tieu face a maximum sentence of 10 years and eight months to life in state prison for this case. Duong faces a maximum sentence of 12 years and eight months to life in state prison for this case.

Circumstances of the Escape

In January 2016, the defendants were in custody awaiting trial in four separate cases in OCJ.

Between 5:00 a.m. and 10:00 p.m. on Jan. 22, 2016, Nayeri, Duong, and Tieu are accused of escaping custody through OCJ pipelines and by repelling themselves down from the building’s roof.



Filed under: California Defense Attorney — fayarfa @ 12:03 am

SANTA ANA, Calif. – A drunken driver was sentenced today to four years in state prison for causing a rollover crash that killed a bicyclist. Dominic Devin Carratt, 20, Dana Point, pleaded guilty on Feb. 9, 2016, to one felony count of vehicular manslaughter with gross negligence while intoxicated, one felony count of driving under the influence of alcohol causing bodily injury, one felony count of driving with a blood alcohol of .08 percent or more causing bodily injury, and a sentencing enhancement for great bodily injury. Carratt was ordered to pay restitution and his license will be suspended for three years after his release.

At approximately 11:15 p.m. on April 29, 2014, Carratt was driving his Acura Sedan, with a passenger inside, at a high rate of speed while under the influence of alcohol. Carrat was speeding southbound on Pacific Coast Highway in Dana Point near the intersection of Shoreline Drive, took a slight left turn, and lost traction of his vehicle.

Carratt lost control of his vehicle and continued through the turn for approximately 200 feet before the rear of his vehicle struck 39-year-old Haitham Gamal, who was legally riding his bicycle southbound on Pacific Coast Highway. The defendant dragged the victim with the car for approximately 500 feet before hitting a curb at the intersection of Golden Lantern Drive, which overturned his vehicle, and ejected the victim.

Paramedics arrived and pronounced the victim dead at the scene. The defendant and his passenger were taken to the hospital to be treated for minor injuries. Carratt had a blood alcohol concentration of .15 percent while at the hospital.


March 4, 2016

Orange County Man Arrested on Federal Charges of Shooting Laser Pointer at Orange County Sheriff’s Department Helicopter

Filed under: California Defense Attorney — fayarfa @ 5:01 am

SANTA ANA, California – A Santa Ana man was arrested this morning on federal charges of intentionally aiming a laser pointer at a law enforcement helicopter.

Mario Deleon Lopez, 35, was taken into custody without incident by special agents with the FBI, and he is expected to be arraigned this afternoon in United States District Court in Santa Ana.

Lopez was named in an indictment returned on February 24 by a federal grand jury. The indictment alleges one count of aiming a laser pointer at an aircraft, a felony offense that carries a penalty of up to five years in federal prison.

On the evening of November 14, 2015, tactical flight deputies with the Orange County Sheriff’s Department were patrolling over Santa Ana when their helicopter was struck with the beam of a laser, according to investigators. The pilots reported that their aircraft was struck multiple times with a green laser that illuminated the helicopter’s cockpit.


Oceanside Man Pleads Guilty to Staging Online Attacks against Computer System Operated by His Former Employer

Filed under: California Defense Attorney — fayarfa @ 4:58 am

LOS ANGELES – An Oceanside man has pleaded guilty to launching repeated online attacks against a computer system operated by his former employer, a Rancho Dominguez-based manufacturer of precision laser and mechanical drilling equipment.

Conrad Pearson, 64, pleaded guilty yesterday to one count of unauthorized damage to a protected computer.

When he pleaded guilty on Wednesday, Pearson admitted that soon after he stopped working for Excellon Automation, he began transmitting “attack scripts” to Excellon’s website. “The ‘attack scripts’ constituted automated actions against Excellon’s website, and included automatically downloading information from the Excellon website and automatically sending commands to the Partlink application of the website,” according to a factual statement filed this morning. The Partlink application allowed customers to check inventory of Excellon products.

The attacks on Excellon’s computer system, which were committed on a regular basis over the course of 10 months in 2009 and 2010, “caused the Excellon server to either cease functioning or to become inordinately slow,” according to the court document.


Man Convicted of Domestic Violence Related Attack in Pomona

Filed under: California Defense Attorney — fayarfa @ 4:54 am

A 32-year-old man pleaded no contest today to attacking his children’s mother and his family member last month, the Los Angeles County District Attorney’s Office announced.

At today’s court appearance, Robert Allen Shirley (dob 4/18/83) of Pomona pleaded no contest to three felony counts in case KA111879: injuring a child’s parent, assault with a deadly weapon and resisting executive officer.

Additionally, Shirley admitted a special allegation that he used a deadly and dangerous weapon, a knife, during the commission of the crime.

The defendant is scheduled to be sentenced March 22 in Department R of the Los Angeles County Superior Court, Pomona Branch. Shirley is expected to be sentenced to four years in state prison.

Deputy District Attorney Kelsey McKeever-Unger of the Victim Impact Program, who prosecuted the case, said on Feb. 21 Shirley got into an argument with his children’s mother in her Pomona home.


March 3, 2016

Former Customs and Border Protection Officer Sentenced to Nearly 4 Years in Federal Prison in Bribery and Smuggling Scheme

Filed under: California Defense Attorney — fayarfa @ 12:49 am

LOS ANGELES – A former supervisor with U.S. Customs and Border Protection (CBP) who conspired with his ex-wife to smuggle goods into the United States in exchange for bribes has been sentenced to serve 45 months in prison.

Sam Herbert Allen Jr., 54, of San Juan Capistrano (formerly of Diamond Bar), received the prison sentence late yesterday from United States District Judge Dean D. Pregerson, who also ordered the defendant to pay $781,632 in restitution to compensate the United States for duties that were not paid on the smuggled goods.

At yesterday’s sentencing hearing, Judge Pregerson said that society could not tolerate law enforcement “entrusted with border safety” who “sell their jobs.”

Allen pleaded guilty in February 2015 to conspiring to defraud the United States by deceitful and dishonest means.

“This defendant betrayed his sworn duty to uphold the law,” said United States Attorney Eileen M. Decker. “Defendant supervised the inspection of shipping containers entering the United States and thus played an important role in our border security.  His greed led him to commit a serious offense that cost the United States hundreds of thousands of dollars and presented an unacceptable security risk to our community and to the nation.”



Filed under: California Defense Attorney — fayarfa @ 12:45 am

WESTMINSTER, Calif. – A taxi cab driver is scheduled to face trial tomorrow for crashing into a pedestrian, resulting in the victim’s death, and driving away from the scene. Ronald Aviles, 57, San Clemente, is charged with one felony count of hit and run with permanent injury or death. If convicted, he faces a maximum sentence of four years in state prison. Opening statements are scheduled to begin tomorrow, March 2, 2016, at 9:00 a.m. in Department W-8, West Justice Center, Westminster.

At approximately 3:00 a.m. on Jan. 1, 2015, Aviles is accused of driving his taxi van southbound on East Coast Highway. He is accused of crashing into 23-year-old Travis Marton, as the victim was crossing East Coast Highway westbound at the intersection of Newport Coast Drive in Newport Beach. Aviles is accused of unlawfully failing to stop his vehicle and failing to render assistance to the injured victim. The victim was pronounced dead at the scene.

The Newport Beach Police Department, who investigated this case, found Marton’s body lying in the intersection. The Laguna Beach Police Department located Aviles driving in his taxi van in Laguna Beach, approximately five miles from where the victim’s body was found, and arrested the defendant.

At the time of the arrest, Aviles is accused of driving the taxi with damage consistent with the collision, including a smashed windshield, dents on the hood, dented bumper, and a missing driver’s-side mirror. Aviles is accused of fleeing the crash that scattered debris at the collision site consistent with the damaged and missing vehicle parts.

Deputy District Attorney Stephen Cornwell is prosecuting this case.

Orange County District Attorney / Case # 15HF0006 / March 1, 2016

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