San Diego County District Attorney Summer Stephan announced today that her office is providing a $25,000 grant to the San Diego Burn Institute in support of their Youth Firesetter Intervention Program (YFS). The diversion program incorporates evidence-based risk assessment tools and education to intervene in dangerous fire setting behavior by youth and stop it at the source. The grant comes on the heels of the DA announcing its new Juvenile Diversion Initiative.

“Data shows that most youth come into contact with the criminal justice system only once, so initiatives like the Firesetter Intervention Program are critical in re-directing young people away from this specific behavior that got them into trouble,” said DA Summer Stephan. “The program also addresses the root cause of the juveniles’ arson behavior which can put themselves or others in danger.”

YFS responds to referrals from county fire departments, law enforcement, school officials, probation, juvenile justice systems, Metro Arson Strike Team, and others in San Diego and Imperial Counties. The Burn Institute provides risk assessments for future fire setting behaviors and education courses with the youth and family about legal ramifications, fiscal ramifications, and the dangers to self and others. The program also makes referrals to community agencies to address compounding clinical issues.

“Fire is everywhere in our society, from lighting a candle, to large explosions in movies,” said Susan Day, Executive Director of the Burn Institute. “Children see and mimic these behaviors when they don’t understand the risks or think through what could happen. Our YFS program uses prevention and intervention techniques to help change a child’s behavior before a curiosity or experimentation with fire becomes more destructive”

Juveniles under age 18 who are referred for fire setting behaviors are eligible for services available in English, Spanish and other languages. The District Attorney’s Juvenile Division reviews about 10 allegations of arson by youth each year. However, the YFS program assists many more youth than cases the DA receives. Firefighters or law enforcement might suspect a youth is involved in starting the fire but may not have the evidence to submit a case. In those cases, the youth will still be referred to Burn Institute for assessment and education on the dangers of fire.

Research shows that 55% of U.S. arson arrests are under the age of 18, and almost half of these arrests are age 15 and under. Arson is the second leading cause of all fatal home accidents, and fire setting is the largest cause of home deaths among children.

The YFS program is confidential and free of charge. Individuals don’t need a referral and can self-enroll in the program by contacting the Youth Firesetter Program Coordinator at 858-541-2277 x 111 or YFS@burninstitute.org.

The San Diego County District Attorney filed felony charges against a gang member in connection with the fatal shooting of a woman as she sat in a parked car with her family in Spring Valley in April. Jammerieo Austin, 26, has been charged with murder, attempted murder, conspiracy to commit a crime, shooting at an inhabited vehicle, and two counts of being a felon in possession of a gun.

San Diego resident Karmen Dionne Anderson, 40, was shot in a car parked outside a liquor store on Bancroft and Golf drives in Spring Valley at about 11:30 p.m. on April 24. Anderson was in the car with her husband, who was in the driver’s seat, and a 4-year-old child in the backseat when the shooting started. Anderson, who also went by Karmen Hicks, was the only person hit by gunfire. She was treated at a hospital for multiple gunshots wounds but died two days later.

In open court on Wednesday, the prosecutor said the shooting was gang-motivated and Austin used an AK-47 to shoot 13 rounds into the car, causing it to burst into flames with the 4-year-old momentarily trapped inside the car.

Prosecutors say surveillance footage showed the defendant’s car following the victims’ car with its headlights off just prior to the murder. Austin ambushed the would-be victim when he stopped his car at a liquor store. The defendant’s car drove back and forth several times waiting for their intended target to emerge from the store. As soon as he did, the defendant opened fire. Investigators also located a photograph taken the day of the murder, which showed the defendant posing with fellow gang members, one of whom was holding an AK-47, which is believed to be the weapon used in this murder.

The investigation into this murder is ongoing. Anyone with information about this incident is asked to call the Homicide Unit at (858) 285-6330/after hours at (858) 565-5200. You can remain anonymous by calling Crime Stoppers at (888) 580-8477.

The charges come as law enforcement officials are reporting a troubling increase in gang-related crime and the proliferation of ‘ghost guns’– firearms that are assembled by hand and are usually untraceable. According to the District Attorney’s Office, most of the criminal cases it files involving ghost guns are gang related. Since 2019, the DA’s Gangs Division has charged cases involving over 100 ghost guns. At the same time, gang-related cases submitted to the DA’s Office by law enforcement countywide are up 25% from same time last year

A readiness hearing for Austin has been scheduled for August 5, 2021.

John T. Earnest, 22, pleaded guilty today to murder and other charges in San Diego Superior Court in connection with a deadly shooting at the Chabad of Poway synagogue two years ago. There were 54 people inside the synagogue when Earnest entered the lobby and opened fire with an assault-style rifle on April 27, 2019. Lori Gilbert-Kaye, 60, was killed in the attack. Rabbi Yisroel Goldstein was shot in both hands, causing him to lose an index finger, and Noya D., then 8, and her uncle, Almog Peretz, were wounded.

Earnest pleaded guilty to the willful, deliberate, premeditated murder of Ms. Kaye, and the willful, deliberate, and premeditated attempted murder of Rabbi Goldstein, Almog Peretz, and Noya D. Earnest admitted that he committed those crimes because of his bias and hatred of Jews, and he admitted that he personally discharged a firearm causing death and great bodily injury. He also pleaded guilty to the arson at the Dar-ul-Arqam mosque for the purpose of terrorizing Muslim worshipers.

Earnest agreed to serve the rest of his life in prison without the possibility of parole, plus 121 years-to-life and 16 years in state prison. A sentencing hearing has been set for September 30, 2021 at 9:00 a.m. in Department 2104 downtown.

The San Diego County District Attorney’s Office released the following statement:

“While we reserved the option of trying this as a death penalty case, life in prison without the possibility of parole for the defendant is an appropriate resolution to this violent hate crime and we hope it brings a measure of justice and closure to the victims, their families, friends and the wider community. After consulting with the Kaye family and the many victims impacted by the shooting, the decision to accept a plea of life in prison was made in the interest of justice and with the knowledge that a parallel prosecution by the U.S. Attorney’s Office and possible plea in that case would prevent the state’s case from moving forward. This plea ensures the defendant is held accountable for his crimes under California state law.”

Earnest Prosecution Timeline:

• Crime occurred on April 27, 2019.
• Arraigned on state charges on April 30, 2019.
• Arraigned on federal charges on May 14, 2019.
• Earnest submitted a conditional plea agreement on June 4, 2021 for consideration by federal prosecutors.
• Deadline for federal prosecutors to announce a decision regarding the death penalty is August 30, 2021.
• Earnest is next due in federal court on September 8, 2021.
• Sentencing on state charges set for September 30, 2021.

San Diego County District Attorney Summer Stephan announced today that Match Group, Inc., the owner of numerous popular online dating sites including Match.com, PlentyofFish, OkCupid and Tinder, agreed to pay $2 million in civil penalties and costs, in addition to victim restitution, as part of the settlement of a consumer protection lawsuit. The lawsuit was filed in Santa Cruz county in November 2020 by the California Auto Renewal Task Force (CART), which includes the District Attorney’s Offices in San Diego, Los Angeles, Santa Barbara, Santa Clara, and Santa Cruz counties and the Santa Monica City Attorney’s Office, and alleged that Match’s online dating service subscriptions violated provisions of California’s automatic-renewal and dating service contract laws.

Among other things, the task force alleged that Match’s sign-up processes failed to clearly and conspicuosly inform consumers that they were enrolling in an automatically-renewing service and failed to secure their affirmative consent as required by law. Additionally, the prosecution team alleged that Match’s post-payment acknowledgments failed to inform consumers how to cancel and that the cancelation process was lengthy and tedious – also violations of California’s automatic renewal laws. Match has denied these allegations.

“San Diego and its CART colleagues continue to hold companies accountable when they violate California’s automatic renewal laws, and online dating service companies are no exception,” DA Stephan said. “These laws exist so that consumers are not surprised by unanticipated recurring charges and, when seeking to cancel an automatically-renewing subscription, can do so simply and efficiently. This is one of several recent examples of our consumer protection team working with CART to achieve compliance with these important laws.”

Santa Cruz Superior Court Judge Timothy Volkmann entered a final court judgment on the parties’ stipulated settlement on July 7, 2021.

The judgment requires Match to have full transparency with consumers about their automatically renewing subscriptions.

The company must:
• Clearly and conspicuously disclose its automatic-renewal terms
• Obtain the consumers’ affirmative consent to the terms through a separate checkbox or
similar mechanism before charging for an automatic renewal or continuous service
• Email consumers a confirmation of the transaction after they pay which clearly includes the automatic-renewal terms and information on how to cancel
• Allow consumers to easily cancel their subscriptions, including online

Match has already taken steps to ensure its web disclosures and processes comply with California’s Automatic Renewal and Dating Service Contract laws.

Deputy District Attorneys Colleen E. Huschke and Stephen M. Spinella with the Consumer Protection Division handled this case for the San Diego County District Attorney’s Office.

The top law enforcement leaders in San Diego County are sounding the alarm about a concerning increase in overdose deaths related to fentanyl, especially among younger people. The San Diego County District Attorney’s Office, Sheriff’s Department and Police Chiefs’ and Sheriff’s Association are pushing out the warning on social media in an effort to educate youth and parents that if the pill you’re taking didn’t come from a pharmacy, it could kill you. [TWEET THIS]

In 2019, there were 151 fentanyl-related overdose deaths in San Diego County. According to the San Diego County Medical Examiner’s Office, there were 461 fentanyl-related overdose deaths in San Diego County in 2020, triple the number from the year before. While still early, the projection for 2021 is 700 such overdose deaths.

The District Attorney’s Office is part of the Narcotics Task Force Team 10, which responds to an average of 5 to 6 calls per week; most of them fatal overdoses and most involving a fentanyl-related overdose. The deaths are occurring in every part of the county and affecting every demographic.

“Parents are finding their children dead from fentanyl overdoses, boyfriends finding their girlfriends dead, and children are being put at risk by this alarming spike,” said DA Summer Stephan. “We’ve been sounding this alarm for years but the problem is only getting worse. Our office continues to focus on awareness campaigns while at the same time stepping up our prosecutions of street dealers who know their product is suspect in an attempt to try and save lives. Fentanyl laced drugs continue to be sold on the streets and we need to get the word out that you never know what you’re taking if it’s not from a pharmacy.”

“Our mission is to save lives,” said Sheriff Bill Gore. “Sheriff’s Deputies were the first in the Western United States to carry a nasal spray called Naloxone to counter the effects of an opioid overdose. So far this year, we have saved 59 people from overdosing. These are people deputies and medical staff have encountered on patrol, courthouses and our jails. We also offer safe options to get rid of expired, unused and unwanted medication. No questions asked. Go to sdsheriff.gov to find a Sheriff’s drop box location near you. Now more than ever, we must stay alert against drug misuse and abuse.”

In January of this year, an active firefighter overdosed and died from fentanyl.  In February, two women in Point Loma smoked what they thought was methamphetamine and went to bed. The methamphetamine turned out to have been mixed with fentanyl. One of the women woke up the next morning; the other did not.

In February of this year, an 8-month-old baby was treated at Rady’s Children Hospital after having ingested fentanyl while in the care of his mother and her boyfriend.  Administration of Naloxone by hospital staff saved the baby’s life.  The mother and her boyfriend, both with a history of drug use, are charged with felony child endangerment.

When appropriate, criminal charges are also filed against dealers whose sales result in an overdose death. Depending on the circumstances, these charges range from the sale of fentanyl causing great bodily injury to murder.  There are currently three defendants charged with a total of four murders for having sold fentanyl that resulted in deaths.

“As first responders, law enforcement officers see firsthand the destruction of drug overdose and the devastation it causes to families,” said Roxanna Kennedy, President of the San Diego County Police Chiefs’ and Sheriff’s Association. “People are dying every day. That’s why San Diego County law enforcement leaders are committed to bringing awareness to this issue. We all need to work together to educate our community including parents and young people.”

The District Attorney’s Office joined forces with the Health and Human Services Agency to launch a large scale outreach campaign last year, The San Diego Opioid Project, which included messaging about laced substances that can include deadly fentanyl.

When in a medical emergency, call 911. If you, or someone you know needs help for addiction, call San Diego County’s Access and Crisis Line at (888) 724-7240 or 2-1-1 San Diego for information and support. [TWEET THIS]