Fatal DUIs Spike Amid COVID-19

DA’s Office Receives Grant to Prosecute Serious DUI Cases

San Diego County District Attorney Summer Stephan announced today that her office is receiving a $733,650 grant from the California Office of Traffic Safety for the ninth year in a row to prevent and prosecute impaired driving deaths and DUI-drug cases. The grant award comes as San Diego County experienced more fatal DUI crashes in 2021 than the county has seen in more than two decades.

Last year, 39 people were killed in 36 DUI-related crashes. So far in 2022, there has been a moderate decrease with 24 people killed, including a 1-year-old child.

“Prosecuting and investigating these important cases require a specialized team of prosecutors and investigators to be able to hold offenders accountable and deter this deadly behavior,” DA Stephan said. “The spike in the number of people dying at the hands of impaired drivers in recent years is disturbing. As the holiday season approaches, people need to make responsible choices, use ride sharing services and keep their friends and family from getting behind the wheel if they are impaired.”

Data shows average blood-alcohol levels of drivers involved in Driving Under the Influence cases are also higher than last year at over .18%. Prosecutors say that more than half of individuals being arrested for driving under the influence have both alcohol and drugs in their system—a deadly combination.

The grant will allow the DA’s DUI Homicide Unit to continue its critical work. The unit, which launched in 2014, streamlines complex DUI cases by creating expertise within the DA’s Office. The specialized unit creates uniformity in sentencing among the four adult courthouses. In addition, the unit helps law enforcement adapt to changes in technology by having a designated DA Investigator who is trained in the latest techniques in collision reconstruction. Since its inception, the unit has prosecuted nearly 200 cases and they have received more than $3.9 million in funding from the Office of Traffic Safety.

Funding will also be used to:

  • Provide training for a select prosecutor to become an expert in DUI-drug cases.
  • Provide training for prosecutors and investigators through California’s Traffic Safety Resource Prosecutor Program.
  • Host quarterly regional meetings with law enforcement partners to improve DUI investigations and prosecutions.

“With various alternative transportation options available, there are zero excuses and zero tolerance for driving after drinking or under the influence of a drug,” OTS Director Barbara Rooney said. “The work of the vertical prosecution team is critical in addressing the serious dangers posed by impaired driving.”

In 2021, the District Attorney’s Office filed 5,695 DUI cases, including 134 DUI drug cases and 40 DUI cases in which both alcohol and drugs were present in the driver’s system. So far this year, the DA’s Office has filed 5,120 DUI cases including 192 DUI drug cases and 46 combined alcohol and drug impairment cases.

Funding from the California Office of Traffic Safety is provided through the National Highway Traffic Safety Administration.

NakedWines.com Settles Consumer Protection Lawsuit

San Diego County District Attorney Summer Stephan announced today that Nakedwines.com, Inc. settled a consumer protection lawsuit alleging that Naked Wines violated provisions of California’s Automatic Renewal Laws. As part of the settlement, Naked Wines entered into an injunction prohibiting future violations of renewal laws and, without admitting liability, agreed to pay $650,000 in civil penalties and costs.

The lawsuit was filed in San Diego Superior Court by the District Attorneys for San Diego, Alameda, Napa, Shasta, and Sonoma counties. The prosecution team alleged that Naked Wine’s “Wine Angel” program failed to adequately inform consumers that they were enrolling in a subscription that would charge $40 a month that members could use to purchase select wines. The prosecution team also alleged that the company’s “Wine Genie” product – an automatically-renewing monthly subscription for pre-selected wine shipments – similarly failed to comply with automatic renewal laws. In addition, the complaint alleges that both programs’ post-payment acknowledgments did not have all the requisite disclosures mandated under the law, and that their cancelation processes failed to supply an easy-to-use mechanism to stop recurring charges.

“California’s strict automatic renewal laws are designed to ensure that consumers are not misled when signing-up for subscription-based services or product deliveries,” said District Attorney Summer Stephan. “This is another example of our consumer protection team working successfully with their counterparts across the state to achieve compliance with these important laws.”

The settlement is the latest in which the San Diego County District Attorney has participated as part of its ongoing effort to ensure that businesses offering automatically renewing subscriptions or shipments of product comply strictly with the state’s automatic renewal laws.  Further, since July, amendments to the law require that merchants offering automatically renewing subscriptions or shipments of product online must now make certain that:

  • Consumers can cancel online.
  • Consumers who wish to cancel online have access to a prominently displayed direct link in the customer account or a pre-formatted email that the consumer can use to cancel.
  • The consumer can cancel immediately.
  • Companies can no longer require consumers to engage further steps, such as answering questions or completing surveys as a condition of cancelation, or otherwise make it difficult to complete the cancelation process.

San Diego Superior Court Judge Timothy Taylor entered a final court judgment on the parties’ stipulated settlement on October 6, 2022.

Naked Wines cooperated with the prosecution team and has taken steps to ensure its web disclosures and processes comply with California’s Automatic Renewal Laws.

Deputy District Attorney Stephen M. Spinella with the Consumer Protection Unit handled this case for the San Diego County District Attorney’s Office.

DA-Sponsored Bill That Gives Life Saving Medical Access to Domestic Violence Victims Signed into Law

San Diego County District Attorney Summer Stephan announced today that a bill her office sponsored, giving victims of domestic violence assault equal access to comparable forensic exams that sexual assault victims receive, has been signed into law by Governor Gavin Newsom.

Assembly Bill 2185, authored by Assemblymember Dr. Akilah Weber and sponsored by the San Diego County District Attorney’s Office, codifies the gold standard of forensic medical examination and documentation, and brings equal access and parity to all victims of domestic violence in California. The new law will promote access and enhance positive health outcomes for domestic violence survivors.

“This new law can save lives,” DA Summer Stephan said. “The law provided for sexual assault victims to have access to medical forensic exams and treatment at no cost, but not for domestic violence victims, even though both are at risk for life-threatening injuries. We know that these domestic violence medical evidentiary examinations can be critical, especially in cases of strangulation. I want to thank Assemblymember Akilah Weber, M.D., who immediately saw the great benefit that this law can provide through her unique physician lens, and fought to make this law a reality for vulnerable victims.”

Strangulation injuries are often internal with no external visible injuries; making life-threatening injuries easy to miss without proper training for examiners, and immediate assessment, accurate diagnosis, and treatment. Research shows that a victim strangled even one time is 750% more likely to be killed later by her abuser compared to a domestic violence victim who has never been strangled. The percentage is higher if there are multiple strangulation assaults or altered consciousness.

“In San Diego County, the District Attorney’s office implemented a countywide pilot program with trained forensic nurse examiners to document strangulation and other injuries from domestic violence assaults through medical evidentiary exams,” said Assemblymember Akilah Weber, M.D. “The evidence proved that the exams coupled with early intervention with counseling and resources for women and families resulted in saving lives. This is why I authored AB 2185 to scale the pilot program statewide and expand access to medical evidentiary examinations for survivors of domestic violence assault to all Californians. AB 2185 will also create a funding system to reimburse qualified healthcare professionals for administering these exams. I appreciate Governor Newsom’s signing the Legislative Women’s Caucus priority bills which underscores California’s commitment to achieving equitable policies for all women.”

In 2016, experts from San Diego County recognized that domestic violence examinations were not being utilized throughout California. In 2017, as part of Cal OES XC grant, San Diego County piloted a program where specially trained forensic nurses were dispatched to law enforcement scenes to better document domestic violence strangulation cases. The purpose of the pilot was to enhance the collective coordinated community response to victims of abuse related assault, to provide those victims with evidentiary exams, and to document strangulation and other injuries free of charge to victims. These examinations increased access to victims and provided awareness about the medical dangers of strangulation incidents. For example, one victim of a serious assault suffered a fractured larynx but didn’t realize it until a forensic nurse performing a medical evidentiary exam, screened her and referred her to the emergency room. The victim could have died had it not been for this intervention.

Specially trained forensic nurses examine the patient/victim, take additional photographs, encourage the victim to seek emergency medical care when necessary, and connect them to local advocacy resources and supportive victim services.

Over 1,000 victims and survivors of abuse across San Diego County have benefitted from forensic domestic violence assault exams, at no cost them. Since the pilot program went into effect, domestic violence homicides dropped by 15% between 2017 and 2020 and those resulting from strangulation also dropped substantially. (San Diego Domestic Violence Fatality Review Team).

DA’s Office Adds Identity Theft Resource Center ‘Live Chat’ to Help Crime Victims

San Diego County District Attorney Summer Stephan announced today that her office is partnering with San Diego-based Identity Theft Resource Center® (ITRC) to provide a live chat box on the DA’s public website in an effort to support victims of identity crimes.

In adding the ability to live chat with the ITRC’s expert advisors to the DA’s website, victims can receive instant assistance on issues related to identity theft, identity fraud and data breaches. The ITRC identity theft advisors will also provide preventative information and customized plans to address identity concerns.

“We are always looking for ways to prevent crime in San Diego County and by adding this service to our website, in partnership with the Identity Theft Resource Center, we are providing real time support to would-be victims of identity theft,” DA Stephan said. “Identity theft can financially devastate people and businesses, so we want the public to use resources that are available to help them make smart decisions and protect their personal identifying information.”

The ITRC, which was founded in 1999, is a nationally recognized nonprofit organization established to support victims of identity crime. It was established to empower and guide consumers, victims, businesses and the government to minimize risk and mitigate the impact of identity compromise and crime.

“We are thrilled to join with the San Diego DA’s office to help identity crime victims in San Diego County,” said Eva Velasquez, President and CEO of the Identity Theft Resource Center. “Our partnership allows us to reach more people in San Diego County who need help recovering from or preventing identity theft or fraud. Victims of identity crimes require unique support to recover from having their personal information misused. It is our mission to provide that.”

More than 7% of the ITRC’s total cases in 2022 are from victims who live in California who have sought help about compromised personally identifiable information due to scams, and the misuse of personal information through existing account takeover. The Google Voice scam is the ITRC’s top reported scam from California this year.

When using the chat, ITRC advisors will:

  • Ask what happened
  • Ask a series of questions to help determine the scope of the problem
  • Provide a custom plan of action and steps to take

Advisors will assist victims live in English or Spanish during business hours or through direct follow-up when contacted after hours and on weekends. The ITRC is also committed to providing access to everyone seeking help. Read the accessibility initiative here. Anyone can contact an advisor toll-free by using the ITRC live-chat on idtheftcenter.org or by calling 888.400.5530.

Murderer Sentenced for 2015 Killing

San Diego County District Attorney Summer Stephan announced today that defendant Roger Hernandez, 34, who was convicted in April of murder, has been sentenced to 67years-to-life in prison for killing 18-year-old Juan Muñoz, Jr. in 2015. Munoz was murdered as he was returning from buying soft drinks and snacks when he crossed paths with gang members.

In October 2015, Roger Hernandez and Luis Karam chased down Muñoz, thinking he was a rival gang member. When the teen stopped at a stop sign on the same block where his friends were fixing a car, Karam pulled in front of his car preventing Muñoz from being able to drive away. Hernandez got out of the car and issued a gang challenge. Before Muñoz could answer, Hernandez repeatedly fired into the car with a .45 caliber semiautomatic handgun. Hernandez shot Muñoz multiple times through the arm, shoulder, and neck, killing him.

In 2018, the case had gone cold when the DA’s Office revisited the case. Working with National City Police, prosecutors and DA investigators they were able to narrow in on two suspects and develop additional evidence.

Hernandez was arrested for the murder in November 2018. One week later, U.S. Marshals Fugitive Task Force attempted to arrest co-defendant Karam, but he fled. When caught, he attempted to take his own life, but survived and was ultimately taken into custody. Karam was sentenced to 20 years in state prison in July after pleading guilty to voluntary manslaughter, admitting to an allegation that the killing was done for the benefit of a criminal street gang and that a deadly weapon was used during the offense.

“This innocent young victim was hunted by violent gang members and was tragically in the wrong place at the wrong time,” DA Stephan said. “A measure of justice has finally been delivered to the family of Juan Muñoz, Jr. We will continue to fight to keep every neighborhood safe from crime and address gang violence through prosecution and prevention.”

This latest gang-related sentencing comes as law enforcement officials are grappling with an increase in gang-related shootings and the ongoing proliferation of firearms – in particular, so-called untraceable “ghost guns.” DA Gang prosecutions increased from 368 in 2020 to 465 in 2021.

Juan Muñoz’ parents, Elizabeth and Juan Sr., have channeled their grief into activism over the years, including focusing on addressing mental health issues and trauma resulting from violence.

McLeod

Fugitive Murderer Arrested in Central America

San Diego County District Attorney Summer Stephan said today that defendant Raymond McLeod, 37, wanted for the murder of 30-year-old Krystal Mitchell in San Diego, was taken into custody Monday afternoon by El Salvadoran law enforcement authorities without incident. McLeod will be returned to San Diego County to face a charge of murder.

“This defendant’s brazen attempt to evade justice is over and the work to hold him accountable in a court of law for the murder of Krystal Mitchell can now begin,” said DA Stephan. “Huge credit goes to the victim’s mother who never gave up searching for her daughter’s killer and worked closely with our office and other law enforcement to make this arrest possible.”

McLeod confirmed his identity to members of the U.S. Marshals team and members of the U.S. Embassy, who were on the ground with the El Salvadoran local and national police when they took him into custody around 4:30 p.m. (Pacific time). Authorities had received a tip that McLeod had been teaching English at a school in Sonsonate.

Beginning in 2018, the DA’s Office coordinated with the U.S. Marshals Service to lead a targeted social media campaign in Spanish and English to encourage tips on McLeod’s whereabouts through Crime Stoppers. The DA placed Facebook and Instagram ads focused on users in Central America and Mexico. McLeod had been spotted in Guatemala, Mexico, and Belize.

The victim’s mother, Josephine Funes Wentzel, is a former police detective has been instrumental in helping authorities search for McLeod. Wentzel has generated leads for law enforcement and helped spread word about the international manhunt on social media.

On June 10, 2016, San Diego police officers responded to a 911 call of a woman not breathing inside of an apartment in the 7600 block of Mission Gorge Road in San Diego. The woman, later identified a Krystal Mitchell from Phoenix, Arizona, was pronounced dead at the scene by medics. Detectives from the San Diego Police Department’s Homicide Unit responded to the scene and determined that Mitchell was last seen alive with her boyfriend (Raymond McLeod). Mitchell and McLeod, also from Phoenix, had been in San Diego visiting friends.

McLeod fled to Mexico after Mitchell’s death. The District Attorney’s Office charged McLeod with murder in June of 2016 and a warrant was issued for his arrest.

DA Releases Annual Report

San Diego County District Attorney Summer Stephan today released the DA’s 2021 Annual Reportnoting a number of recent accomplishments across many different areas of her office’s mission.

“This report reflects the work of the dedicated DA team of prosecutors, investigators, victim advocates and staff working alongside law enforcement and the communities we serve to keep San Diego one of the safest urban counties in America,” said DA Stephan. “We will keep fighting for every child, adult and senior to live safely and with dignity.”

The Annual Report can be found here.

The report includes:

•         a breakdown of prosecutions by crime type

•         high-profile cases in which prosecutors delivered convictions

•         an innovative juvenile diversion program that is restoring the lives of youth

•         the fight to expand reporting of hate crimes and the tripling of hate crimes prosecutions

•         the opening of One Safe Place—the North County Family Justice Center

•         the expansion of mental health services in the county through Crisis Stabilization Centers

•         a re-energized fight against the fentanyl epidemic

•         an initiative to bring down organized retail crime rings

16 Deputy DAs Honored by Board of Supervisors

San Diego County District Attorney Summer Stephan joined the County’s Board of Supervisors to honor 16 Deputy DAs for their outstanding work and commitment to public safety. Supervisor Terra Lawson-Remer declared Tuesday, August 16, 2022, “Prosecutors’ Day” in San Diego County and presented proclamations to each of the individuals being honored.

“This recognition by our Board of Supervisors of the excellence in ethical prosecution that these Deputy District Attorneys demonstrated is very meaningful to our entire team, and reinforces our commitment to pursuing fair and equal justice for all, protecting victims and keeping our neighborhoods safe,” said DA Summer Stephan.

The awardees selected by the Deputy District Attorneys Association, led by Association President Ben Barlow, are Lisa Weinreb, Jessica Coto, Dan Owens, Peter Quon, Flavio Nominati, Zach Wallace, Miriam Hemming, Leon Schorr, Karl Husoe, Scott Pirrello, Jill Lindbergh, Jennifer Reischl, Justine Santiago, Jared Coleman, David Grapilon and Damon Mosler.

There are currently 327 Deputy District Attorneys employed by the DA’s Office and the Office files more than 40,000 criminal cases each year.

The prosecutors were honored for their following contributions:

DDA Lisa Weinreb is the 2021 recipient of the San Diego Deputy District Attorneys Association’s Charles Nickel Award for Excellence in Training, Public Policy or Legal Education given to a prosecutor whose professional excellence and contributions have had significant local or statewide impact in the area of public policy, legislation, training, or education in the criminal justice arena.  DDA Weinreb, as Chief of the Juvenile Division, helped create the Juvenile Diversion Initiative, a first of its kind program that provides San Diego County youth with expanded alternatives to charging, detention, and probation utilizing restorative justice principles allowing victims to have a role in repairing the hard done to them through offender accountability.  The initiative aims to reduce incarceration of our community’s youth and provide the support necessary to move past youthful indiscretions and make a positive change for the individual and the community.  DDA Weinreb worked directly with community support services to provide programs and rehabilitation rather than prosecution for youthful offenders through collaboration with the Juvenile Court, the Public Defender’s Office, the Probation Department, Behavioral Health Services, the Annie E. Casey Foundation, the Children’s Initiative, and the National Conflict Resolution Center.  DDA Weinreb embodies what it means to be a modern prosecutor through her knowledge of the law, passion for victims’ rights and commitment to public safety, and her leadership ensured this coalition of support for the community’s youth would be successful.

 

DDA Damon Mosler (retired) is the 2021 recipient of the San Diego Deputy District Attorneys Association’s George “Woody” Clarke Award for Prosecutorial Excellence given to an outstanding prosecutor whose contributions in a particular subject matter area of the law promoted justice, fairness, and equality in the prosecution of cases with an important and sustaining impact on the legal community as a whole during the last year or over the course of an entire career.  DDA Mosler rose through the ranks as a trial prosecutor on the Central prelim team, South Bay misdemeanor and felony trial teams, the Juvenile Division in the JUDGE (“Jurisdictions United for Drug & Gang Enforcement”) Unit, the Superior Court Division, and the South Bay JUDGE Unit.  In 2003, DDA Mosler was selected to create an operational plan for a new Narcotics Division in order to combat the rising toll of damage caused by the narcotics epidemic and became its first Chief due to his relevant knowledge, reputation for integrity, and organizational skills.  DDA Mosler was “present at the creation” demonstrating his expertise in the use of confidential informants, wiretaps, and asset forfeiture proceedings; trained prosecutors and law enforcement in-house, statewide, and nationally; and received numerous awards.  DDA Mosler likewise served as Chief of the Special Operations and Chief of Economic Crimes and is widely recognized as a great manager, inspiring leader, strategic problem solver, and, most importantly, an ethical guidepost to many.

 

DDA Dan Owens and DDA Peter Quon are the 2020 recipients of the San Diego Deputy District Attorneys Association’s George “Woody” Clarke Award for Prosecutorial Excellence given to an outstanding prosecutor whose contributions in a particular subject matter area of the law promoted justice, fairness, and equality in the prosecution of cases with an important and sustaining impact on the legal community as a whole during the last year or over the course of an entire career.  DDA Owens was the prosecutor assigned to the case of People v. Jeremiah Owens and Christopher White in which two men tried to abduct a 15-year-old girl in broad daylight outside a residence above Grandview Beach in Encinitas before she fought back and thwarted the sexual assault and attempted kidnapping.  Given this brazen attempt, DDA Owens invoked a section of the California Constitution that allowed the court to find there was sufficient evidence that both defendants posed such a substantial danger to the community and the victim herself that they should be held in custody without bail and could not be released pending trial.  DDA Owens laid the groundwork for the appellate victories to come by drafting and filing excellent motions, developing a persuasive evidentiary record for the court, and arguing aggressively.  DDA Quon, an accomplished, brilliant appellate prosecutor with decades of experience as a Deputy Attorney General handling writs and appeals, joined DDA Owens on the case and the two prosecutors worked together over two years to ensure this novel constitutional issue of statewide importance became settled legal precedent.  DDA Quon led the long odyssey of legal research and brief writing while strategizing with DDA Owens who prepared and delivered the oral arguments before the Fourth District Court of Appeals and, ultimately, the California Supreme Court. DDA Quon and other appellate gurus mooted DDA Owens numerous times throughout the journey to March 3, 2020, for the final arguments in the Supreme Court chamber.  As a direct result of DDA Quon’s guidance and coaching, DDA Owens made the argument that resulted in a unanimous published opinion of In re White upholding the trial court’s no bail order and setting a clear roadmap for how courts statewide must carefully balance the interests of the accused with the rights of crime victims and public safety.  Deputy DA Quon passed away recently and his family is gratified by this special acknowledgment. Peter was an icon in the legal community and left a legacy of mentoring generations of  Asian lawyers.

 

DDA Flavio Nominati is the 2021 recipient of the San Diego Deputy District Attorneys Association Outstanding Achievement Award, 7 Years or Less in the Office. This past years, DDA Nominati obtained guilty verdicts and achieved justice for victims in three serious felony cases. In the trial of People v. Johnathan Eggers, the defendant was charged with Carjacking, Robbery, and Assault by Means Likely to Produce Great Bodily Injury. There, the defendant stealthily approached the victim from behind with his co-perpetrator who hit the victim in the head with a pistol while a co-defendant tased the victim.  As the victim fell to the ground, unconscious, the defendant took his car keys and drove off in the victim’s car. DDA Nominati then tried a case of People v. Paige where the charges included kidnapping with intent to commit rape, attempted forcible rape, and assault with intent to commit rape. During the beginning of COVID-19 quarantine the Victim was walking back from work on the San Diego City College campus. The Defendant emerged from an alcove where he was hiding, grabbed her, and pulled her into an alcove which was off the walkway. Defendant continued striking her and tried to take off her pants. He kneed victim’s face and started sexually assaulted her. Fortunately, a janitor heard the victim’s screams and the defendant fled. Finally, in People v. Milton Rodgers the defendant fired a gun on several different instances in a residential area, across El Cajon Blvd, near downtown/Golden Hill area, at a residence (bullet was five feet away from the victim’s head while he watched TV inside his living room), and at another victim’s car as she drove through North Park. DDA Nominati secured guilty verdicts for each victim in these cases and as result each defendant is serving a significant prison sentence as a result of these violent acts crimes.

 

DDA Zach Wallace is the 2021 recipient of the San Diego Deputy District Attorneys Association Outstanding Achievement Award, 7 Years or Less in the Office. In his short time in the office, DDA Wallace has excelled in handling complex cases, including robbery, assault, carjacking, arson, human trafficking, and sexual assault cases. In People v. Rafo, Zach successfully tried a multi-victim sexual assault case in which the defendant preyed upon vulnerable and fragile victims. The defendant convinced his victims to get in his car and then drove them to remote locations. When his victims tried to escape, he would violently beat them, threaten to kill them, and sexually assault them.  A jury found the defendant guilty of forcible rape, forcible sodomy, assault with intent to commit rape, assault with a deadly weapon, three counts of assault with intent to commit great bodily injury among other charges. The defendant who is now serving a life sentence in state prison. DDA Wallace’s experience and talents also led him to be a natural choice for the SAK (Sexual Assault Kit) project to review and prosecute any cases that are potentially issuable such as a 2003 forcible rape, forcible oral copulation, and forcible sodomy case where the defendant drove alongside a 17-year-old girl, offered her a ride, pointed a gun at her, and demanded she get into the car where he sexually assaulted her. DNA was collected back in 2003 but wasn’t tested.  Through the SART kit testing in the SAK project, the defendant was linked to our case based on similar incidents in LA and prosecuted.  Finally, DDA Wallace also filed a 2014 case where a 51-year-old man molested a 13-year-old girl. The DNA evidence was never tested until the SAK Project which proved the conduct victim had alleged did in fact occur. Zach has shown a true passion for bringing justice to the perpetrators of Sexual Assault in our County and ensuring these victims obtain the justice they deserve.

 

DDA Miriam Hemming is the 2021 recipient of the San Diego Deputy District Attorneys Association Outstanding Achievement Award, 7 Years or Less in the Office. DDA Hemming is an outstanding attorney, who is already handling some of the most serious and complex cases in the DA’s office. This past year she worked with the Gang Task Force to identify a gang responsible for several murders and shootings. In total, from this investigation 9 gang members have been charged with 12 shootings, including 6 murders in both juvenile and adult court.  Also, in 2021 DDA Hemming tried one of the most challenging and complex cases to go to trial since the COVID pandemic.  In her case, the defendant went looking of the victim at a hotel.  He found the victim as she exited the hotel elevator.  The defendant pistol whipped the victim, grabbed the victim by the throat, and as the fight spilled into another hotel room, pointed the gun at the victim’s head and fired, missing the victim by inches.  Almost all the civilian witness, including the victim were uncooperative. After a messy and complex trial, Miriam convicted the defendant, who already had a strike prior, of Assault with a Semi-automatic firearm, Shooting at an Inhabited Dwelling. He was sentenced by the Court to a lengthy prison as a result of his criminal conduct and violent history. DDA Hemming’s efforts have made a profound impact on the community as she works to hold those individuals who participate in gang violence accountable under the law.

 

DDA Leon Schorr is the 2021 recipient of the San Diego Deputy District Attorneys Association Prosecutor of the Year Award. Thousands of students unwittingly used as pawns in an illegal empire, $400 million dollars defrauded from state funding over three years. $230 million dollars in recovered ill-gotten assets. 19 charter schools fraudulently controlled and operated by fraud. After a full year of intense investigation, hundreds of thousands of pages of bank, school, and financial records, DDA Schorr and his team returned a 240-page indictment after the examination of 70 witnesses at a grand jury over the course of six weeks. DDA Schorr brought charges against defendants in the largest charter school fraud prosecution ever brought to bear in the history of California. It forever changed the landscape of the charter school framework, inspired state legislation, forced school districts and administrators to reexamine their school management and protocols, and protected thousands of school children by stopping the bleeding of losing hundreds of millions of dollars of educational funding. In this charter school’s prosecution, DDA Schorr championed the cause for thousands of students, countless future pupils, caused the return of hundreds of millions of dollars, and forever changed the face of public education. As a result of his efforts, millions of dollars in restitution will be returned and finally be used for the benefit of children, as it was meant to do.

 

DDA Karl Husoe is the 2021 recipient of the San Diego Deputy District Attorneys Association Outstanding Achievement Award. DDA Husoe distinguished himself through hard work and dedication on two significant cases during 2020-2021. Both cases involved unique issues of first impression where DDA Husoe had to come up with original legal arguments to complex questions of law. These cases were also complicated by procedural quagmires that DDA Husoe had to overcome. Added to the complexities of these cases, DDA Husoe orally argued these two cases in the appellate courts within weeks of each other and via remote video technology because of the pandemic. In Facebook, Inc. v. Superior Court of San Diego, the defendant sought a subpoena for victim’s private Facebook communications in an attempted murder case. This case is significant, because had we not prevailed in this matter, the California Supreme Court could have forced the People to issue search warrants against our victims and witnesses at the defendant’s request. Through Karl’s hard work and dedication over a span of two years, we prevailed, and that potential frightening outcome was thwarted. Also in 2021, DDA Husoe handled People v. Aguilera, a case where the defendants were charged with robbery, carjacking, and other offenses arising from a failed drug transaction. This case was significant because it protects DDAs across the state from defense claims of Brady error simply when we are unable to obtain and disclose information known to federal law enforcement when the federal agency is not the investigating agency. After extensive briefing and oral argument, DDA Husoe convinced the Court of Appeal the refuse a lower court trial ruling and safeguarding DDAs up and down the state from frivolous claims of discovery violations. Of note, DDA Husoe continued working on these two matters at the same time that he assisted with COVID-19-related research and assistance during the height of the pandemic that required all of Appellate DDAs to be on-call 24/7. DDA Husoe’ s hard work and achievement this past year will have long lasting effect on the criminal justice landscape in California for years to come.

 

DDA Scot Pirrello is the 2021 recipient of the San Diego Deputy District Attorneys Association Outstanding Achievement Award. DDA Scott Pirrello and his team spent years investigating and collaborating to solve a problem that needed a fix. DDA Pirrello created a tangible vision for elder justice and developed a task force capable of tracking down and holding accountable those responsible for scamming our elders out of billions of dollars. In 2021, the innovative Elder Justice Task Force (EJTF) officially launched in San Diego County to combat financial fraud committed on an international scale against our vulnerable elder population. EJTF is a collaborative effort that includes the San Diego County District Attorney’s Office, FBI, Department of Justice, US Attorney’s Office, San Diego Police Department, San Diego County Sheriff’s Department, and many other local law enforcement agencies.  DDA Pirrello’ s efforts enabled the San Diego District Attorney’s Office to coordinate with local law enforcement agencies, collaborate on cases in San Diego County which were related to the same scam, and then work up the cases to the point that the FBI could realize that the dots were connecting to make these relatively small individual cases in San Diego into huge Federal cases with hundreds of victims and millions of dollars in losses. One example was People v. Parore where defendant was a money courier and launderer who San Diego authorities were able to tie to nine separate victims throughout the county’s many jurisdictions where she showed up at the homes of elder victims to pick up the supposed bail money the victims thought they were paying to help their grandchildren in peril. DDA Pirrello was able to coordinate the various investigations across multiple jurisdictions resulting in a conviction of Robbery, Elder Theft, Receiving Stolen Property, and Money Laundering and a sentence in state prison. Such a result for these types of allegations was previously unthinkable. But as a result of this new innovative investigative approach and the development of the EJTF, these results will become the norm moving forward.

 

DDA Jessica Coto is the 2020 recipient of the San Diego Deputy District Attorneys Association Outstanding Achievement Award. DDA Coto has shown consistent tenacity and commitment to bringing about justice in our most sensitive cases including child molest, serial rape, stalking and Sexually Violent Predators. Over the last year, she has demonstrated an expertise in cases involving defendants in positions of public trust and Sexually Violent Predators and successfully doing so under intense community pressure and media interest. In 2019 and 2020, she litigated very high profile and complex cases with successful convictions and results. In the People v. Dorado case, DDA Coto brought justice to eight victims of a serial rapist ranging in age from 22 to 58. Dorado was a complex, intoxication rape case that required both sophisticated lawyering and extraordinary compassion and time to the victims. The jury returned guilty verdicts on 20 counts of sexual assault. DDA Coto also successfully prosecuted the People v. Price case where a firefighter sexually assaulted his 17-year-old stepdaughter. DDA Coto navigated difficult victim issues and helped the victim become more empowered and achieve the justice she deserved. In People v. Herrera, DDA Coto prosecuted a special education teacher who had a sexual relationship for over a year with a 15-year-old student. DDA Coto’s careful trust building with the victim allowed the victim to disclose the full extent of the abuse. Her tenacious search for facts and partnership with detectives helped build a strong case against the defendant and corroborate the victim. After working with DDA Coto on the case, the victim feels justice is served by his conviction. DDA Coto also successfully prosecuted a case against a CWS worker who groomed and assaulted a 17-year-old client, a defendant who attacked and attempted to sexually assault the victim who was out for a run around her neighborhood with her two children (ages 2 and 4), and a defendant who broke into a home of a hearing-impaired victim, strangled, and sexually assaulted her. DDA Coto simply excels in trying the most difficult of cases that come into the office and has proven to be an exceptional courtroom advocate that compassionately supports victims on the road to justice.

 

DDA Jill Lindberg is the 2020 recipient of the San Diego Deputy District Attorneys Association Outstanding Achievement Award. DDA Jill Lindberg’s Outstanding Achievement comes from her 6 years of dedicated work on the prosecution in the case of People v. Matthew Sullivan. Her work culminated with a month-long trial in March of 2020 resulting in a Murder conviction and a 16 Years to Life sentence.  Defendant in this case reported in October 2014 that his wife, Elizabeth Sullivan, and him had argued about their pending divorce and then she just left the house – not to be seen or heard from again.  A Missing Persons investigation eventually went cold until Elizabeth’s partially decomposed body washed up in San Diego two years later.  Jill and her investigative team were relentless in their pursuit of evidence and eventually developed enough forensic evidence to prove that her blood was found underneath the carpet in her old bedroom and years later a folding knife was discovered underneath thick ceiling insulation in the home’s attic containing a mixture of both defendant and Elizabeth’s DNA along with traces of blood.  At trial, Jill handled this complex case with poise despite being trailed by NBC’s Dateline filming her every move.  DDA Jill Lindberg is one of those unique prosecutors who quietly and impressively excels at everything and anything she does.

 

DDA Jennifer Reischl is the 2020 recipient of the San Diego Deputy District Attorneys Association Outstanding Achievement Award.  During a four-month period, DDA Reischel successfully prosecuted multiple life-top jury trials in the Family Protection Unit.  In People v. Montelongo, the defendant shot and killed his girlfriend in the head multiple times in the middle of the day at an apartment complex pool with other families present, before he fled out of the state.  DDA Reischel worked tirelessly with law enforcement and the DA’s extraditions unit to extradite this defendant and bring him to justice here in San Diego.  DDA Reischel’s organization, attention to detail, and streamlined approached led the jury to a quick first degree murder conviction in October 2019.  One month later, in People v. Deneef, DDA Reischel received a guilty verdict for a re-trial involving a third-striker child molest of his 6-year-old stepdaughter.  DDA Reischel’s hard work and compassion for vulnerable victims resulted in a safer San Diego County.

 

DDA Justine Santiago is the 2020 recipient of the San Diego Deputy District Attorneys Association Outstanding Achievement Award, 7 Years or Less in the Office.  DDA Santiago demonstrated she is an excellent young prosecutor in the Family Protection Unit, which handles some of the most difficult cases involving children, elders and other vulnerable victims.   In People v. Oliva and Welch, DDA Santiago brought justice to four child victims in a horrific child molest trial. In this case, four separate children endured years of abuse at the hands of the defendant without their mother to protect them.  As a result of DDA Santiago’s presentation, the jury convicted the defendants of every single child molest charge.  On top of that, DDA Santiago was wonderful with the victims, spending time building rapport with them and earning their trust.  DDA Santiago has demonstrated she will be a value to the DA’s Office and the San Diego community for many years to come by holding abusers accountable and protecting our most vulnerable victims.

 

DDA Jared Coleman is the 2020 recipient of the San Diego Deputy District Attorneys Association Outstanding Achievement Award, 7 Years or Less in the Office.  Jared Coleman has excelled in his role as trial attorney in the Family Protection Unit., where he carries a wide variety of cases, including animal cruelty, elder abuse, domestic violence, and child molest. Jared has proven to be more than a jack-of-all-trades, but instead, a master-of-all-trades. In People v. Bach, defendant molested two children of an acquaintance over the span of a few weeks. Despite dealing with two very young and shy victims as witnesses, and a lack of corroboration beyond their testimony, Jared convicted defendant of crimes that resulted in a sentence of over 400-years-to-life. In People v. Oscar Rodas, defendant shot and killed his long-time ex-girlfriend shortly after she broke up with him. Although the murder took place at a gas station, there was only one witness to the murder – a minor female with gang ties who was very reluctant to testify. Despite this witness being “unable to remember” most of what had occurred, Jared was able to secure a first-degree murder conviction in the case. In addition to his responsibilities as a trial attorney, Jared has been the team leader of the misdemeanor trial team.

 

DDA David Grapilon is the 2020 recipient of the San Diego Deputy District Attorneys Association’s prestigious Prosecutor of the Year award.  DDA Grapilon proved he was indispensable to the San Diego District Attorney’s Office during the outbreak of the COVID-19 pandemic by successfully prosecuting a high-profile murder case, while also spearheading the DA’s response to court closures by helping to implement remote court appearances.  In the case of the People v. Quintero, DDA Grapilon brought justice for the 2017 murder of victim Jesus Quiroz. The victim was a tattoo shop owner in Chula Vista who was found bound, tortured, and badly beaten to death by multiple people. The case was solved through forensic evidence left at the scene and the defendant’s own statements.  Unfortunately, the COVID-19 pandemic hit just before DDA Grapilon was set to give his closing argument in the murder trial.  Immediately thereafter, DDA Grapilon set to work using his tremendous technological skills to help get the entire San Diego criminal justice system running remotely.  DDA Grapilon worked with the courts, the Public Defender’s Office, the private defense bar, and the DA’s Office to provide remote hearings on MS Teams.  He handled the first remote appearance in the County and continued to assist all the criminal justice partners in increasing the services they are able to safely provide.  During the court closures, DDA Grapilon single-handedly responded to hundreds of requests from judges and DDAs for assistance regarding Microsoft Teams and remote hearings.  Fourteen weeks after the first court closure, DDA Grapilon was able to return to court to finish his murder trial with appropriate social distancing measures.  The jury return guilty verdicts and the defendant was held accountable for the gruesome murder he committed.  There is no question that the COVID-19 pandemic had a profound impact on our world. From his critical role in transitioning the DA’s Office and Superior Court to remote hearings, to his vital work as a prosecutor handling some of the most horrific murders in San Diego, DDA Grapilon very much earned this Prosecutor of the Year award.

 

Spanish Event About Fentanyl Dangers

Fentanyl is the leading cause of death for people between the ages of 18 and 45 – nothing else comes close. In San Diego, overdose deaths from fentanyl start at around age 14. It is also being sold on social media as counterfeit pills made to look exactly like OxyContin, Percocet, Xanax and Adderall, but contain fentanyl or other harmful drugs. It can take as little as 2 mg of fentanyl to cause an overdose and death in most people. To help raise awareness and educate the Spanish-speaking community about this deadly drug, San Diego County District Attorney Summer Stephan is joining Mano a Mano Foundation’s Dr. Beatriz Villarreal in a free community event completely in Spanish on August 12, 2022, “Fentanyl: The Poison of Today” (Fentanilo: El Veneno de Hoy).

“We are honored to join Dr. Villarreal and Mano a Mano to bring awareness and resources to the deadly threat of illicit fentanyl on our children, adults and families,” said DA Summer Stephan. “Fentanyl overdoses are killing our children as young as 14 years old, because it is being sold on the streets and on social media often disguised in pills that look identical to pharmaceutical pills. We want our community to know that if you get anything from some place other than your doctor or pharmacy, it is likely laced with fentanyl: The Poison of Today.”

San Diego County had over 800 fentanyl-caused deaths in 2021 – this is up significantly from the 462 fentanyl-caused deaths in 2020 and the 152 fentanyl-caused deaths the year before that. Between 2020 and 2021, the District Attorney’s Office charged 57 defendants with 52 counts of felony child endangerment, involving fentanyl. In that same time period, 13 children between the ages of 4 months and 7 years actually tested positive for fentanyl, some of whom would have died had it not been for the quick response and administration of naloxone by first responders.

“You cannot smell or taste fentanyl,” said Dr. Villarreal from Mano a Mano Foundation, who is organizing this event. “You cannot know if there is fentanyl in pills by just looking at them. The amount of fentanyl can vary between pills, even if they are from the same batch. One pill alone can kill because you do not know if that pill was made illegally with fentanyl. We urge parents and families to learn more about this deadly drug to help us prevent more deaths.”

The event will include powerful testimony from a father who lost his son to fentanyl and there will be community resources, including the distribution of Narcan which helps reverse an overdose and a training demonstration on how to use it. Other community organizations that will be available include the Chula Vista Police Department, Alanon, Alcoholics Anonymous, Community Clinics, Amigas Punto Com, and Neurotics Anonymous.

The event is on Friday, August 12, 2022 at 6:30pm at the Bonita Valley Community Church located at 4744 Bonita Rd., Bonita, CA, 91902. Childcare will be provided for children between 5 and 10 years old. The event is completely free and in Spanish, and anyone interested in attending must register here: https://mamf.org/es/talleres/fentanilo-el-veneno-de-hoy/.

Double Homicide Defendant Sentenced for 1987 Cold Case

San Diego County District Attorney Summer Stephan announced today that a 62-year-old man who killed two people at a birthday party in Ramona then fled to Mexico for 32 years, has been sentenced to 34 years-to-life in prison by San Diego Superior Court Judge Joan Weber for the 1987 slayings of German Aviles, 26, and Ventura Aviles, 21.

On May 27, a jury found Jose Solorio guilty of two counts of second-degree murder after deliberating for two days.

“Today, the families of German and Ventura Aviles received a measure of justice after decades of mourning their loss,” DA Stephan said. “The daughter of German Aviles had to grow up without her loving father over this senseless and violent act.”

During a birthday party for the 4-year-old daughter of German Aviles, Solorio got into an argument with the victims and other men over getting more beer for the party. The defendant became offended over an insult directed at him. He left the party and returned with a loaded handgun.

While standing in the doorway of the apartment, Solorio fatally shot German and Ventura Aviles, then shot and wounded another man inside the apartment. He then shot a fourth man outside the apartment who was returning to the home with beer.

Solorio immediately fled to Mexico, where he hid from law enforcement for 32 years. He was taken into custody in the City of Ciudad Juarez, Mexico in April 2019 and extradited from Mexico City in December 2019.