Posts Tagged ‘manslaughter’

DRIVER CONVICTED AND SENTENCED FOR HITTING AND KILLING MAN ON BIKE BEFORE FLEEING THE SCENE

Friday, January 6th, 2012

WESTMINSTER - A driver was convicted and sentenced today for hitting and killing a man on a bicycle and then fleeing the scene. Adam Carl Garrett, 19, Huntington Beach, pleaded guilty to a court offer to one felony count of hit-and-run causing death and one misdemeanor count of vehicular manslaughter without gross negligence. He was sentenced to 180 days in jail, 200 hours of community service, $14,000 in restitution to the victim’s family, and three years of formal probation. The People objected to the sentence based on the nature of the crime and the lack of regard for human life displayed by the defendant.

Shortly before 3:00 a.m. on May 15, 2011, Garrett was driving northbound in his Toyota Camry on Interstate 405 in Fountain Valley. The defendant exited the freeway at Warner Avenue and traveled westbound toward Huntington Beach. He crashed into the back of a bicycle, throwing 25-year-old bicyclist Hung Khac Do off his bike. Do landed in the far right lane of Warner Avenue. Garret caused damage to his car consistent with colliding with a person riding a bicycle.

After hitting the victim, Garrett fled the scene without assisting Do or contacting police and paramedics. He returned to his home in Huntington Beach approximately four miles away.

Soon after the hit-and-run, a limousine driver driving on Warner Avenue saw the victim lying on the road and called his brother, who called 911. Another driver on Warner Avenue stopped to assist Do and a passenger got out to administer Cardiopulmonary Resuscitation until police arrived at the scene. Once an ambulance arrived, Do was transported to University of California, Irvine Medical Center, where he was pronounced dead 40 minutes later. An autopsy determined the cause of death to be multiple blunt force trauma injuries.

At approximately 3:20 a.m., Garrett called 911 and falsely reported his involvement in the incident. Sometime that morning, police contacted Garrett at his home and located his damaged car nearby.

7-year Prison Term, More than $3.7 Million Restitution in NBC Executive’s Death

Thursday, December 1st, 2011

SAN FERNANDO – A family friend who pleaded guilty to involuntary manslaughter in the St. Patrick’s shooting of an NBC Universal finance executive was sentenced today to seven years in state prison and ordered to pay more than $3.7 million in restitution to the victim’s widow.

Deputy District Attorney Jeffrey Stodel said David Armstrong, 32, of Porter Ranch was sentenced by San Fernando Superior Court Judge Beverly O’Connell. Stodel, in a sentencing memo filed with the court, had requested the seven-year term – three years, which is the mid term for the involuntary manslaughter charge, plus four years, the mid term for Armstrong’s use of a gun. The judge also ordered Armstrong to pay $3,795,000 in restitution to the widow of Brian Kaplon, 32.

Kaplon went to Armstrong’s home in the 20000 block of Vercelli Way on March 18 to celebrate St. Patrick’s Day. Near midnight, Armstrong pulled out his new AR-15 semiautomatic rifle and shot Kaplon once as the two men were in the garage. A second round went into the ceiling of the garage.

Stodel said Armstrong, who had been drinking heavily, gave conflicting accounts of what happened. He originally was charged with murder after his arrest by Los Angeles police. The murder count was dismissed at sentencing.

UNLICENSED, UNINSURED TEEN DRIVER CHARGED WITH KILLING FRIEND IN CRASH WHILE UNDER THE INFLUENCE OF PRESCRIPTION DRUGS

Sunday, November 27th, 2011

SANTA ANA - An unlicensed, uninsured teen driver has been charged with killing his friend by crashing into a tree on Ortega Highway while driving under the influence of prescription drugs. Francisco Jesus Ochoa, 18, Lake Elsinore, is charged with one felony count each of vehicular manslaughter with gross negligence while intoxicated and possession of a controlled substance, one misdemeanor count of driving a motor vehicle without a valid license, and an infraction for failing to maintain liability insurance. If convicted, he faces a maximum sentence of 10 years and eight months in state prison. The defendant is currently being treated at Mission Hospital for a broken leg and his arraignment date is to be determined. The People will be requesting Ochoa be held on $100,000 bail at his arraignment.

Early in the morning on Nov. 18, 2011, Ochoa is accused of driving a Ford pick-up truck without a valid license or insurance westbound on Ortega Highway with friend Margarita Estrella in the front passenger seat. The defendant is accused of swerving and weaving across the two-lane highway for several miles, crossing back and forth onto the wrong side of the road and onto the dirt shoulders on either side.

At approximately 6:45 a.m., Ochoa is accused of veering off the road, failing to slow, and crashing directly into a tree. He is accused of killing Estrella, who was crushed in her seat and pronounced dead at the scene.

At the time of the crash, the defendant is accused of being under the influence of prescription drugs, which impaired his ability to drive. He is also accused of being in possession of six Vicodin pills at the time of the crash, for which he did not have a prescription.

Ochoa was transported to the hospital to be treated for a broken leg.

Man Charged in Beverly Hills Murder

Wednesday, November 2nd, 2011

LOS ANGELES – A 54-year-old man was charged today with murder for allegedly killing his girlfriend with a knife at her Beverly Hills apartment.

James Duane Grzeslo (dob 01/08/57) is charged with one count of murder. The complaint alleges that Grzeslo personally used a deadly and dangerous weapon, a knife, and that the offense warrants a state prison term.

Grzeslo of Los Angeles is expected to be arraigned this afternoon in Department 1 of Beverly Hills Superior Court. He is charged in case No. SA079092.

Deputy District Attorneys Linda Loftfield and David Zygielbaum will prosecute the case.

Cathy Ann Carrasco-Zanini, 58, was murdered on the morning of Oct. 26. The defendant and the victim were in dating relationship, prosecutors said.

Grzeslo’s bail is recommended at $1.020 million. If convicted as charged, Grzeslo faces a maximum sentence of life in prison.

Man Sentenced in 2009 Hit-and-Run Case

Monday, October 24th, 2011

LOS ANGELES – A 38-year-old man was sentenced today to state prison for the hit-and-run death of an elderly Montebello woman three years ago.

Los Angeles Superior Court Judge Stephen Marcus imposed a nine-year sentence on David Louis Loera for killing Norma Lambo-Plasencia, 84, on Oct. 5, 2009.

Jurors convicted Loera on Aug. 8 of one count each of vehicular manslaughter with gross negligence and leaving the scene of an accident. An allegation of leaving the scene of a crime also was found to be true.

Loera struck the victim with his pickup truck as Lambo-Plasencia walked her dog. He then fled. The collision occurred near the intersection of Jefferson Boulevard and Alfred Place in Montebello.

Officers of the Montebello Police Department arrested Loera two days later after his vehicle was found at an auto body shop.

WIFE SENTENCED TO SEVEN YEARS IN PRISON FOR MANSLAUGHTER FOR SLICING AND KILLING HUSBAND WITH KNIFE DURING ARGUMENT

Monday, October 17th, 2011

SANTA ANA - A wife was sentenced today to seven years in state prison after being convicted of manslaughter for slicing and killing her husband with a knife during an argument. Janeth Hernandez, 30, Santa Ana, pleaded guilty Sept. 2, 2011, to one felony count of manslaughter and a sentencing enhancement for the personal use of a deadly weapon.

On April 4, 2010, Hernandez and her husband Carlos Humberto Vallejo were scheduled to go to a family event for Easter, but instead they attended a different party in Santa Ana. After midnight, Hernandez left the party without her husband and drove home. She later returned to the party to pick up Vallejo and drive him home.

In the early morning of April 5, 2010, family members were asleep inside the house when Hernandez got into a verbal fight with her husband over the party they had attended and used a knife on him, slicing his thigh. Family members, who heard screaming and a thud, walked into the room to find Vallejo on the floor and bleeding profusely from the leg. A family member called 911 while the other family members tried to assist the victim. Vallejo died at the scene.

During the sentencing today, the victim’s older sister, Maria Vallejo gave an impact statement to the court and explained that her brother was loved by everyone who knew him, she misses him terribly, and is still unable to understand why he was murdered.

Trucker Sentenced to Prison in Angeles Crest Fatal Accident

Friday, September 9th, 2011

PASADENA – A commercial truck driver convicted in July of losing control of his big rig in La Canada Flintridge and slamming into several cars, killing a father and his 12-year-old daughter, was sentenced today to seven years, four months in state prison.

Marcos Barbosa Costa, 46, was found guilty of the April 1, 2009, crash that killed Angelina Posca and her 58-year-old father, Angel Posca, both of Palmdale. He was found guilty of two counts each of involuntary manslaughter and vehicular manslaughter, as well as reckless driving causing injury that injured three people.

Pasadena Superior Court Judge Darrell Mavis also ordered the Massachusetts resident to pay $87,204 to a victim’s restitution fund, and $23,762 to the city of La Canada Flintridge. Costa, who had remained free on bail following the July 29 verdict, was taken into immediate custody after sentencing.

Deputy District Attorney Carolina Lugo prosecuted the case.

Witnesses testified Costa ignored warnings from an off-duty firefighter who pulled him over and said smoke was billowing from his brakes and warned him the road was worse going down.

By the time the truck reached Foothill Boulevard at Angeles Crest Highway, the brakes appeared to have failed as the truck ran a red light and slammed into the Posca’s red Ford, dragging it 150 feet. The truck struck six more vehicles before slamming into a bookstore and nail salon.

Statements from Posca family members were read before Costa was sentenced.

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

Thursday, September 8th, 2011

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.

DRUNKEN DRIVER CHARGED WITH MURDERING NEPHEW AND INJURING BROTHER-IN-LAW BY CRASHING INTO TRAFFIC LIGHT POLE

Monday, September 5th, 2011

SANTA ANA - A drunken driver has been charged with murdering his nephew and severely injuring his brother-in-law after driving while intoxicated and refusing the offer of a bartender and police officer to call him a cab. Tapu Aniceto Sitagata, 27, Santa Ana, is charged with one felony count each of murder, driving under the influence causing bodily injury, driving with a blood alcohol .08 percent or more causing bodily injury, hit and run with injury, and one misdemeanor count of driving on a suspended license. He faces sentencing enhancements and allegations for causing great bodily injury and personally inflicting great bodily injury. If convicted, he faces a maximum sentence of 20 years and eight months to life in state prison.  Sitagata was arrested and charged today, Sept. 1, 2011, and is being held on $1 million bail. He is expected to be arraigned tomorrow, Friday, Sept. 2, 2011, at 10:00 a.m. in Department CJ-1, Central Jail, Santa Ana.

On the night of Dec. 20, 2010, Sitagata is accused of drinking alcohol with several friends and relatives at Newport Five Cocktail Lounge in Tustin. At approximately 1:15 a.m. on Dec. 21, 2010, the defendant and his group were asked to leave the bar by the bartender for becoming too rowdy. The defendant and his group are accused of remaining in the parking lot of the bar until after 2:00 a.m., at which time they refused the offer of the bartender to call them a cab. At 2:20 a.m., an officer from the Tustin Police Department contacted the defendant and his friends in the parking lot, instructed them not to drive, and offered to call a cab for the defendants. Sitagata and his friends are accused of refusing the officer’s offer and claiming that they had already called for a cab and were awaiting its arrival.

Minutes after the Tustin officer left, Sitagata is accused of getting into the driver’s seat of a Chevrolet Suburban and driving away from the bar. The defendant’s 20-year-old nephew, Pesa Sitagata, was seated in the back seat and 34-year-old brother-in-law, Aron Ia, was seated in the front passenger seat.

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SPEEDING DRUNKEN DRIVER CONVICTED OF KILLING ONE AND INJURING ANOTHER IN EARLY MORNING FREEWAY CRASH

Tuesday, August 23rd, 2011

SANTA ANA - A drunken driver was convicted today of killing his passenger and injuring an occupant in another vehicle after losing control of his car while speeding. Yannis Ismael Galanis, 28, Bellflower, pleaded guilty to the court to one felony count of vehicular manslaughter with gross negligence while intoxicated, driving under the influence of alcohol causing injury with a prior conviction, and driving with a blood alcohol .08 percent or more causing injury with a prior conviction, with a sentencing enhancement allegation for causing bodily injury. Galanis has a prior conviction for driving under the influence in 2002. He faces a maximum sentence of 11 years and eight months in state prison at his sentencing Oct. 21, 2011, at 9:00 a.m. in Department N-4, North Justice Center, Fullerton.

At approximately 12:50 a.m. on July 17, 2011, Galanis was driving at a high rate of speed while under the influence of alcohol in his GMC pick-up truck southbound on the Interstate 5 near Disneyland Drive in Anaheim. The defendant’s friend, 29-year-old Edgar Murillo, was riding in the passenger seat. Galanis suddenly swerved from one lane into the next and crashed into a car driven by Olger A. Victim Viamey C. was riding in Olgar A.’s passenger seat.

Galanis lost control of his truck from the force of the crash and traveled up a dirt embankment before hitting a concrete bridge abutment head-on. The defendant’s truck then re-entered traffic lanes before finally coming to a stop on the freeway.

The California Highway Patrol responded to the scene. Galanis was found unconscious by CHP officers with a cut to his head. He was transported to the hospital. Approximately three hours after the crash, the defendant had a blood alcohol level of .11 percent and had cocaine in his blood.

Murillo was also unconscious when officers arrived and was transported to the hospital, where he was pronounced dead at 4:15 a.m. Viamey C. was transported to the hospital to be treated for pain to her upper back, neck, and ribs. Olger A. complained of pain to his neck but was not transported from the scene to the hospital.