Best Defender Bytes:

January 8, 2013

Man Charged With Murder of Man Discovered Buried in Concrete

Filed under: California Defense Attorney — Tags: , , — fayarfa @ 8:39 pm

WHITTIER – A 45-year-old Santa Fe Springs man was charged today with fatally shooting a man that he later allegedly encased in concrete, the District Attorney’s Office announced.

Juan Manuel Ramirez, aka Juan Alberto Galviz (dob 1-14-66) is scheduled to be arraigned at Los Angeles Superior Court in Whittier sometime after 1:30 p.m.

Ramirez is charged in case VA128108 with one count of murder with a special allegation that he personally discharged a shotgun. Prosecutors will ask his bail be set at $1 million.

Ramirez allegedly fatally shot the victim, whose name is being withheld pending notification of relatives, on Dec. 23. He later encased the body in cement and buried inside a Santa Fe Springs business, said Deputy District Attorney Jennifer McDonald, deputy in charge of the Whittier Office. Whittier police responded to a tip and discovered the body on Monday.

If convicted, Ramirez faces up to life in prison.

October 3, 2012

MAN CONVICTED OF EXECUTION-STYLE MURDER OF EX-WIFE AND HER FATHER OVER CUSTODY OF 7-YEAR-OLD DAUGHTER

Filed under: California Defense Attorney — Tags: , , — fayarfa @ 6:31 pm

SANTA ANA - A disgruntled man was convicted today of murdering his ex-wife and her father by waiting in his home with a firearm and shooting them when they arrived to take court-ordered custody of the former couple’s 7-year-old daughter. Robert Allan Lehmann, 37, Costa Mesa, was found guilty by a jury of two felony counts of special circumstances murder with sentencing enhancements for the personal use of a deadly weapon, multiple murders, and lying in wait. He faces a maximum sentence of two terms of life in state prison without the possibility of parole at his sentencing Nov. 2, 2012, in Department C-30, Central Justice Center, Santa Ana.

On May 3, 2011, a family court judge ruled in favor of Lehmann’s ex-wife, 32-year-old Emily Ford, regarding custody of their 7-year-old daughter, who has special needs. Emily Ford was to pick up the little girl from Lehmann’s Costa Mesa home that evening. She arranged for her 62-year-old father Russell Ford to go with her.

Shortly before the victims’ arrival to pick up the 7-year-old girl, Lehmann sent the child out of the home with his current wife for ice cream and armed himself with a firearm to wait for the victims.

At approximately 5:30 p.m., Emily Ford and Russell Ford arrived at Lehmann’s home for the custody pick-up. Emily Ford left her new baby, who is not Lehmann’s child, in a car seat in her car and did not bring the baby to the door. When the defendant opened the door, he immediately shot at the victims. Emily and Russell Ford attempted to turn and run away, and Lehmann pursued them outside and continued to shoot. Both victims were shot several times in the back and fell to the ground.

As Lehmann was shooting, he hit two cars that were parked directly across the street in front of a childcare center. One bullet hit the passenger door of a vehicle and another penetrated the driver’s door of a second car. The vehicles’ drivers were picking up children from the center and were not injured. Shots were also fired past the vehicle where Emily Ford’s baby was still inside.

As Emily Ford and Russell Ford lay bleeding on the ground, Lehmann reloaded his firearm and executed the victims by shooting them repeatedly in the back and back of the head.

December 28, 2011

MARINE CONVICTED OF MURDERING FELLOW MARINE IN DISPUTE OVER STOLEN DRUG MONEY

Filed under: California Defense Attorney — Tags: , , , — fayarfa @ 10:40 am

*Co-defendant is pending trial in this case

SANTA ANA - A Marine was convicted today of shooting and murdering a fellow Marine in a secluded area of San Clemente over a dispute about stolen drug money. Christian William Carney, 25, Manorville, NY, was stationed at Marine Corps Base Camp Pendleton (Camp Pendleton) at the time of the crime and was found guilty by a jury one felony count of murder, one felony count of criminal threats and one felony count of attempting to dissuade a witness. He faces a maximum sentence of 28 years and eight months to life in state prison at his sentencing Jan. 20, 2012, in Department C-40, Central Justice Center, Santa Ana.

Co-defendant Alvin Reed Lovely, 24, Dallas, Texas, also a Marine at Camp Pendleton at the time of the crime, is charged with one felony count of murder, one felony count of criminal threats, and a sentencing enhancement for the personal use of a firearm. If convicted, he faces a maximum sentence of 38 years to life in state prison. He is scheduled for jury trial Feb. 3, 2012, in Department C-40.

Carney was found guilty and Lovely is accused of the following:

While stationed at Camp Pendleton, Carney was a drug dealer who sold cocaine and ecstasy.

During the weekend of May 9, 2008, Carney drove to Texas to pick up his friend, Lovely, who had gone home for a visit and needed a ride back to the base. While Carney was gone, 20-year-old Stephen Serrano and his friend, Chad Hatch, broke into Carney’s room and stole his drug money.

(more…)

December 15, 2011

TEEN GANG MEMBER SENTENCED TO 50 YEARS TO LIFE FOR THE SHOOTING-MURDER OF A 13-YEAR-OLD RIVAL IN FRONT OF HIGH SCHOOL FOR BENEFIT OF HIS GANG

Filed under: California Defense Attorney — Tags: , , , — fayarfa @ 2:07 am

*Defendant was 16 years old at the time of the crime

SANTA ANA - A teen gang member was sentenced today to 50 years to life in state prison for the shooting-murder of a 13-year-old rival who was standing near Santa Ana High School for the benefit of his Hispanic criminal street gang.  Ramon Diaz, 20, Santa Ana, was found guilty by a jury on Sept. 15, 2011, of one felony count of special circumstances murder for a criminal street gang purpose, with sentencing enhancements for the benefit of a criminal street gang and the personal, intentional discharge of a firearm resulting in death.

Prior to trial, co-defendant Oscar Hernandez, who was 18 years old at the time of the crime, Anaheim, pleaded guilty on Sept. 8, 2011, to one felony count of voluntary manslaughter in association with a criminal street gang. Hernandez, who was not in a gang but who acted as back-up during the initial confrontation, was sentenced to 16 years in state prison on Oct. 7, 2011.

On the afternoon of Sept. 10, 2008, Rodrigo Valle, Santa Ana, 16-year-old Diaz, and Hernandez were standing on opposite street corners just outside Santa Ana High School.  As school let out, Diaz walked up to the Valle and asked him which gang he claimed. Valle uttered the name of a Hispanic criminal street gang and challenged Diaz to a fist fight. Diaz walked towards the victim who was backed against a fence.  Hernandez stayed behind.  As Valle struggled to escape but had nowhere to go, Diaz pulled a loaded semi-automatic handgun from his waistband and fired six shots at Valle. Valle was shot four times, including twice in the back.  Diaz then fled the scene.  As Valle lay bleeding on the street, several students who witnessed the murder, including Valle’s sister, came to his aid. The victim died less than two hours later at Western Medical Center in Santa Ana.

Valle’s mother told the court at the sentencing hearing today that she did not understand why her son’s life was taken. She further stated that her life has been destroyed and she will never recover.

November 25, 2011

Teen in gay-student slaying case agrees to 21-year prison term

Filed under: California Defense Attorney — Tags: , , — fayarfa @ 9:19 am

The Oxnard teen who shot a gay classmate he believed was flirting with him has agreed to spend the next 21 years in prison, a plea deal that ends a case that drew national attention and ignited debate on how schools should deal with openly gay students.

Brandon McInerney, who was 14 when he pulled a gun out of his backpack and shot Larry King twice in the head in 2008, has already served nearly four years in jail and would be released by the time he is 38, under terms of the deal.

“Larry had a complicated life, but he did not deserve to be murdered,” the youth’s father,Greg King, said after a court hearing Monday afternoon.

McInerney’s first trial ended with jurors split between convicting him of voluntary manslaughter and first-degree murder. Several of the jurors have since spoken in favor of a plea bargain, in order to avoid a second trial.

Prosecutors, in initially deciding to try McInerney a second time, had already dropped a key allegation that the shooting was motivated by a hatred of homosexuals, an accusation that several jurors in the original trial said they did not believe.

(more…)

November 20, 2011

Gang Member Sentenced in Chinatown, Wilshire Area Murders

Filed under: Los Angeles Criminal attorney — Tags: , , , — fayarfa @ 7:43 pm

LOS ANGELES – A 35-year-old gang member was sentenced today to two life-without-parole terms for the murder of a man in the Chinatown area and the subsequent drive-by slaying of a young woman at a bus stop in the Wilshire area of Los Angeles.

Juan Carlos Gutierrez was sentenced at a morning hearing by Los Angeles Superior Court Judge Lance Ito, who additionally imposed a prison term of 130 years to life.

Gutierrez was convicted on Oct. 12 of two counts each of first-degree murder and attempted murder. Jurors found true special circumstance allegations of multiple murders, murder in a drive-by shooting and murder to further the activities of a criminal street gang.

Deputy District Attorney Victor Avila of the Hardcore Gang Division prosecuted the case.

Evidence presented at trial revealed that Gutierrez fatally shot Stanley Garcia, 52, as the victim walked near Alpine Street and North Grand Avenue in the Chinatown area of Los Angeles. The murder took place on Oct. 7, 2007.

Two months later, Gutierrez – seated in the passenger seat of a sports utility vehicle – exchanged hand signs and then words with two men at a bus stop along Venice Boulevard near Winton Place. Gutierrez proceeded to pull a handgun and fire, killing 20-year-old Nelly Vergara who was seated adjacent to the two intended targets. One man was injured in the gunfire but survived. The other man was not injured.

The alleged getaway driver, Amilcar Romero, 25, also was charged in connection with the drive-by shooting. Jurors, however, deadlocked on charges involving Romero. The defendant is due back for retrial on Dec. 8 in Department 110 of the Foltz Criminal Justice Center.

If convicted, Romero faces several life sentences with the possibility of parole.

November 16, 2011

GANG MEMBER FACES TRIAL FOR MURDERING TWO RIVALS AND LEAVING THIRD IN A COMA IN EXECUTION-STYLE GANG SHOOTING

Filed under: Federal Crimes Defense Attorney — Tags: , , , — fayarfa @ 3:16 am

*Five co-defendants have been convicted and sentenced in this case

SANTA ANA - A juvenile gang member charged as an adult faces trial tomorrow for murdering two rivals and leaving a third in a coma after an execution-style gang shooting. Prospero Guadarrama, 21, is charged with two felony counts of special circumstances murder for the benefit of a criminal street gang, one felony count of attempted murder, one felony count of street terrorism, and sentencing enhancements for criminal street gang activity and the vicarious discharge of a firearm as a gang member causing death and bodily injury. If convicted, he faces a maximum sentence of life in state prison without the possibility of parole. Opening statements are expected to begin tomorrow morning, Wednesday, Nov. 9, 2011, in Department C-30, Central Justice Center, Santa Ana. The time is to be determined.

Five co-defendants have been convicted and sentenced in this case (see below). The defendants are all members of a Hispanic Santa Ana criminal street gang.

On Dec. 17, 2009, Guadarrama is accused of riding into a rival gang neighborhood with co-defendants Juan Roldan, Norberto Hernandez, Oiram Ayala, and Angel Garcia. Co-defendant Marco Perez was the driver. Guadarrama is accused of participating in the following, for which his co-defendants have been convicted:

The defendants were armed with two firearms and drove through Santa Ana searching for rival gang members to murder. While in a rival gang neighborhood, the defendants noticed three rivals, 14-year-old Angel Secundino, 15-year-old Gabriel Perez, and 16-year-old Fernando Garcia.

(more…)

September 20, 2011

MAN TO BE ARRAIGNED FOR THE SHOOTING-MURDER OF GIRLFRIEND IN FRONT OF THEIR THREE YOUNG CHILDREN

Filed under: California Defense Attorney — Tags: , , — fayarfa @ 10:58 am

SANTA ANA - A man will be arraigned tomorrow for the shooting-murder of his girlfriend in front of their three children. Samuel Oscar Montes, 20, Anaheim, is charged with three felony counts of child abuse and endangerment, one felony count of murder, and one felony count of possession of a controlled substance with sentencing enhancement allegation for the personal discharge of a firearm causing death. If convicted on all counts, he faces a maximum sentence of 50 years to life in state prison. The defendant is being held on $1 million bail and is scheduled for a continued arraignment tomorrow, Sept. 16, 2011, in Department CJ-1, Central Jail, Santa Ana. The time is to be determined.

At approximately 2:30 p.m., on Aug. 27, 2011, Montes is accused of arriving home and engaging in an argument with his 20-year-old girlfriend Nicole Gutierrez, the mother of his three children. The defendant is accused of escalating the argument into a fight about a gun in the house in front of their three children, 3-year-old John Doe #1, 1-year-old Jane Doe, and 1-month-old John Doe #2. While fighting, Montes is accused of taking hold of the gun when it went off, shooting Gutierrez once in the head. The defendant is accused of fleeing the scene.

A neighbor, who heard the gunshot, called 911. Anaheim Police Department (APD) arrived at the scene and found Gutierrez dead from the gunshot wound she sustained.

APD investigated the case and arrested Montes, who at the time of the arrest was in possession of methamphetamines.

September 8, 2011

Former Playmate Sentenced to State Prison After Pleading in Domestic Violence Case

Filed under: Los Angeles Criminal attorney — Tags: , , , — fayarfa @ 1:15 am

LOS ANGELES – A former Playboy Playmate was sentenced today to nine years in state prison after pleading no contest to attempted voluntary manslaughter in the October 2010 shooting of her husband, the District Attorney’s office announced.

Victoria Rathgeb, who was named Playboy Playmate of the Year in 1968 and appeared in the magazine under the name Angela Dorian, entered the plea to an amended count before Los Angeles Superior Court Judge Barbara Johnson.

Rathgeb, 66, also admitted that she personally used a gun and caused great bodily injury to her husband, Bruce, whom she shot in the back. He has since recovered and was in court but did not make a statement.

Rathgeb was immediately sentenced to prison and ordered to pay $70,000 to the state victim restitution fund.

Deputy District Attorney Louis Parise from the Family Violence Division prosecuted the case. In exchange for her plea, one count of attempted murder was dismissed.

August 12, 2011

Travon Reed and Horasio Kimbrough were sentenced today for shooting USC track athlete Bryshon Nellum

Filed under: Los Angeles Criminal attorney — Tags: , , — fayarfa @ 6:29 pm

LOS ANGELES – Two admitted gang members were sentenced today to 15 years each in state prison for shooting USC track athlete Bryshon Nellum in the legs in 2008, the District Attorney’s Office announced.

Deputy District Attorney Steve Dickman of the Hardcore Gang Division said Travon Reed, 23, and Horasio Kimbrough, 24, pleaded no contest to one count each of attempted murder. Reed, of Los Angeles, admitted the gun allegation and Kimbrough, of Inglewood, admitted the gang allegation and were sentenced by Judge George G. Lomeli.

Nellum was shot about 2 a.m. on Oct. 31, 2008, as he and friends were leaving a restaurant near Vermont and 29th in Los Angeles. Dickman said the two defendants mistook Nellum, who was not a gang member, for a rival gang member.

Reed and Kimbrough were arrested three months later by LAPD officers.

Older Posts »

Powered by WordPress