Welk Resorts Will Pay Up To $ 5.5 Million To Settle Consumer Protection Lawsuit

DA Opposes Parole for Murder-for-Hire Killer

San Diego County District Attorney Summer Stephan said today that her office is opposing parole for Laura Troiani, 59, who was convicted in 1984 for hiring five U.S. Marines to kill her husband, 37-year-old Carlo Troiani. At the time, Ms. Troiani was sentenced to life without the possibility of parole, but Governor Jerry Brown commuted her sentence in 2018 to 35 years-to-life. In June 2019 at her initial parole hearing, she was denied parole for three years. Her next hearing was subsequently advanced by the Board of Parole Hearings to January 22, 2021. [TWEET THIS]

Troiani masterminded an elaborate conspiracy to murder her husband. She recruited the Marines to help her accomplish the murder by promising them a portion of the life insurance money she would collect once her husband was dead. They initially tried to kill Carlo Troiani with a knife by sneaking up on him and a second time by trying to blow up his car, but both attempts were unsuccessful. Incredibly, neither of the initial murder attempts raised suspicions. The first attempt with a knife was abandoned when the perpetrators saw people as they were heading into his apartment and called the plan off. In the second attempt, the victim found a wire running from his spark plug to his gas tank and thought his troops were playing a prank on him.

Ultimately, Carlo Troiani was ambushed on an empty road in Oceanside after Ms. Troiani lured him there, where two of the hired Marines shot him in the back. Ms. Troiani tried to cover up the murder by calling the police and reporting her husband missing after he had been shot and left to die in a remote area of Oceanside.

The Parole Board hearing is set for Friday, January 22 at 8:30 a.m. at the California Institution for Women in Chino, Calif.

“This cold-blooded execution of Carlo Troiani, masterminded by his wife, shook San Diego and the military community,” DA Summer Stephan said. “Family and friends of the murder victim counted on justice in the form of a lifetime prison sentence for this calculated killing. But what they got was more suffering as the sentence was reduced. We’re committed to being a voice for victims at the upcoming hearing and continuing to hold Ms. Troiani responsible for her crimes.”

Troiani’s 2019 parole was denied was based on lack of insight, her minimizing her role in the crime, and a lack of remorse. [TWEET THIS]

EDD logo: Nine Inmates Charged in Unemployment Scam

Nine Inmates Charged in Unemployment Scam

District Attorney Summer Stephan today announced criminal charges against nine defendants who made fraudulent claims, scammed the state’s unemployment benefit system and received more than $160,000 in illegal payments. The fraud occurred between June and September of last year. The defendants lied about their eligibility and addresses on their EDD application forms, and also violated state prison rules about applying for public aid. [TWEET THIS]

All of the inmates were assigned to a program in San Diego that allows qualified state prison inmates to serve the final months of their sentences in a halfway house setting. The Male Community Reentry Program (MCRP) requires that inmates adhere to rules of the program, including the requirement they not apply for or collect any public aid, including EDD and unemployment funds.

“These inmates were not only breaking the rules and gaming the system, they added insult to injury for families relying on legitimate unemployment benefits to make ends meet during the ongoing pandemic,” DA Summer Stephan said. “While this CDCR investigation and our subsequent prosecution reveal a significant scam, we believe the amount of fraud committed by inmates in San Diego County could total as much as $5 million and we have just begun to hold these, and other inmates accountable for their crimes.”

The defendants are Ronald Davenport, 28; Zachary Frost, 31; Larry Van Johnson, 51; Daniel Eric Kisner, 42; Paul Ryan Owens, 41; Louis Terrell Bannister, 31; Erik Mikeal Nemec, 32; Roberto Ochoa, 27; and Javion Wallace, 26.  Each are charged with Conspiracy, Grand Theft, and Making False Statements for Unemployment Benefits. If convicted of all the charges, each defendant faces up to three years and eight months in prison.

Eight defendants have been arrested on the new charges, four of which remain in custody at RJ Donovan Correctional Facility. Arrest warrants have been issued for the remaining defendant. At present, four defendants are scheduled for arraignment on May 20, 2021.

CDCR MCRP-SD Supervisor and Agents assigned to the MCRP-SD investigated inmates receiving luxury items from Amazon, as well as food deliveries from restaurants. Inmates had downloaded mobile banking applications on their cell phones which revealed they each had access to large amounts of money. None of the inmates were employed. Some inmates were even electronically transferring money to one another. CDCR special agents assigned to the Special Service Unit and the U.S. Marshals Fugitive Task Force arrested all persons involved.

“This operation is the result of collaboration with partner agencies at the local and state level, and solid investigative work by our staff,” said Kathleen Allison, Secretary of the California Department of Corrections and Rehabilitation. “Defrauding hard working Californians of their benefits is not, and will not be, tolerated on any level. We will continue to ensure we are doing everything we can to hold those responsible accountable.”

In mid-November 2020, CDCR Investigators concluded their fraud investigation and determined that each inmate had been receiving verified EDD funds fraudulently. Each conspired with and assisted numerous other incarcerated persons to fraudulently gain access to EDD funds totaling $166,132.

“These despicable acts of fraud divert attention and resources away from providing assistance to those who really need it to manage through this catastrophic pandemic,” said Rita Saenz, Director of the California Employment Development Department. “We will continue to remain vigilant against fraud and are truly thankful for the combined resources and collaboration between agencies to investigate and prosecute those responsible.”

Last month, DA Stephan joined eight other District attorneys on a joint letter to Governor Gavin Newsom, warning the problem of EDD fraud problem could “grow exponentially.” Among their requests, the letter asked for legislation that would allow future cross-matching of data between correctional facilities and the Employment Development Department (EDD). Officials estimate jail and prison inmates have fraudulently collected unemployment benefits that appear to have cost California taxpayers at least $400 million. [TWEET THIS]

Photo of Statement: DA and US Attorney Warn Against Violent Protests

DA and US Attorney Warn Against Violent Protests

U.S. Attorney Robert Brewer and San Diego County District Attorney Summer Stephan said today their offices will not tolerate violence during inauguration-related protests and will work closely with federal, state, and local partners to aggressively pursue those involved in criminal activity at such events in San Diego and Imperial counties. [TWEET THIS]

The FBI has received information indicating “armed protests” are being planned in all 50 states and the U.S. Capitol in Washington, D.C., in the days leading up to President-elect Joe Biden’s inauguration on January 20.

“We are issuing the strongest warning possible to anyone who is planning violence in connection with the inauguration,” Brewer said. “If you repeat the despicable behavior we saw at the Capitol last week, and if you disrespect our great democracy by bringing harm to people or property in a display of hatred and rage, the consequences will be swift and strong. You will be found, and you will be charged. Don’t let that become part of your story.”

“I want to be clear that my office will prosecute those who break state laws when they choose violence, hate, assault or vandalism to harm our community—including attacks on fellow citizens and peace officers,” DA Stephan said. “I call on our community members to work hand in hand with law enforcement to keep our neighborhoods safe and to honor our democracy by reporting suspicious activity. If you see something, say something.”

Both U.S. Attorney Brewer and DA Stephan condemned the January 6 attack on the U.S. Capitol:

“Protesting is an inalienable right recognized by the U.S. Constitution; rioting is a crime,” DA Stephan said. “The insurrection that occurred in the U.S. Capitol last week was a despicable, anti-American attack on the democratic fabric of our nation. It’s a wakeup call that locally, we must work together to keep our community safe, including alerting law enforcement to the threat of violence.”

“The attack on Congress was a shameful and reprehensible affront to our democracy. Our Constitution protects the rights of free speech and assembly, but it does not protect mob violence, threats to harm public officials, assaults on law enforcement officers, or damage to government buildings,” said Brewer.

Anyone witnessing a crime in progress or immediate danger to the public should call 911. If you have witnessed unlawful violent actions, have any information about unlawful violent actions, or have information about the Capitol violence case, the FBI urges you to submit any information, photos, or videos that could be relevant at fbi.gov/USCapitol. You may also call ‪1-800-CALL-FBI (1-‪800-225-5324) to verbally report tips and/or information.  If you do not have an attachment but have information to provide, you can also submit your information at tips.fbi.gov.

[TWEET THIS]

DA Provides Resources and Training to Teens and Parents

DA Provides Resources and Training to Teens and Parents

When COVID-19 and social distancing threatened to interfere with plans to provide crime prevention and social media awareness skills to teens and their families, the curriculum was quickly transformed to an online platform, drawing students from San Ysidro to Poway. [TWEET THIS]

Families in Motion is a four-week outreach and training program offered to teen students and their parents by the District Attorney’s Office and the San Diego Police Department. Topics include issues confronting teens today such as dealing with COVID-19, navigating social media and preventing drug use, gang activity and human trafficking.

“Preventing young people from becoming victims or perpetrators of crime is an important priority for my office, especially with schools closed,” District Attorney Summer Stephan said. “Families in Motion builds resilience and also offers a restorative path for youth who may already be engaged in unhealthy or risky criminal behavior.”

The current program, which is an offshoot of the San Diego Police Department’s program that ran from 2015 to 2017, runs for two hours a week for four weeks. Students hear from DA Community Partnership Prosecutors, mental health professionals and law enforcement partners. Each session begins with a check-in, in which students share how they are feeling and why. The session then turns to the educational piece where teens and parents learn from various experts.

During the first session, teens and parents learned about mental health, coping skills, and community resources available to families during the pandemic. They also learned about the impact of social media on mental health. Students and their parents also participate in polls and discuss how teens can make better decisions when confronted with difficult scenarios.

Following the session involving human trafficking, one student said it was eye opening.

“It has helped me to better understand how children become victims of exploitation and human trafficking,” Mario Morales said. “I don’t want that to happen to me or anyone in my family and I now know better how to prevent us from becoming victims.”

Classes are limited to 25 students to encourage participation and bonding. The response has been overwhelming and a wait list has already been established for those interested in participating in future sessions.

“It’s more important than ever to connect with our youth and their parents and offer services that can help them better handle issues they are facing,” DA Stephan said. “When young people have skills to make good choices and access to basic needs, they are less likely to end up in the criminal justice system. A special thanks to Community Partnership Prosecutors Cheryl Sueing-Jones and Marissa Bejarano who identified this gap and are leading this innovative program.”

The Fall 2020 virtual program was through MS Teams and it starts on September 22 and continues every Tuesday through October 20.

The Winter 2021 virtual program will be through MS Teams and it starts on February 2, 2021 and continues every Tuesday evening for five weeks, 5:30pm-7:30pm. If you are interested, you can register here.

Participants receive a certificate at the end of the course the program serves as community service credits to those who are eligible. The next course will begin at the end of September. Those interested can contact Community Partnership Prosecutors Marissa Bejarano or Cheryl Sueing-Jones. [TWEET THIS]

A woman's hand holds a credit card as she prepares to purchase online with her laptop open on a desk, a cup of coffee next to it and the Christmas tree in the background.

Top Safety Tips for Online Shopping

[LEER EN ESPAÑOL]

If the deal sounds too good to be true, it probably is.

With shoppers converging online to make holiday purchases, cyber criminals are taking advantage.

Some examples of scams are fraudsters purporting to be from Amazon and PayPal. They may send email messages to unsuspecting victims warning them that there is a problem processing their order at Amazon or that the user’s account has been limited at PayPal due to excessive login attempts. In both cases, the consumer is asked to resubmit personal and financial information. Both scams use the companies’ official logos and can look legitimate.

“Don’t fall for it,” District Attorney Summer Stephan said. “Always make sure you log on directly to the official website for the business identified in the email instead of linking to it from an unsolicited email. Also, don’t provide personal information in response to an email.”

That’s why it’s important to take the necessary precautions to avoid becoming the victim of a scam:

  • Use one credit card for all online purchases to avoid exposing other cards.
  • Do NOT click on links from unsolicited emails, go to the website instead. [SHARE THESE TIPS ON TWITTER]
  • Make sure the website is legitimate and uses an SSL indicator.
  • Make sure the computer you are using has an updated anti-virus protection.
  • Avoid using a public computer.
  • Avoid using open Wi-Fi for financial transactions.
  • Do not trust sellers who ask you to pay with a wire transfer or prepaid debit cards.

[WATCH: 3 Things You Should Know About Safe Online Shopping]

[RELATED: 10 ways to protect your digital privacy]

The FBI released a list of ways you can protect yourself online. Read the entire list, here. Below are a few tips from their list:

  • Check your credit card statement routinely.
  • Protect your credit card numbers from “wandering eyes.”
  • Do not respond to unsolicited (spam) email.
  • Do not click on links contained within an unsolicited email.
  • Be cautious of email claiming to contain pictures in attached files, as the files may contain viruses. Only open attachments from known senders. Scan the attachments for viruses if possible.
  • Avoid filling out forms contained in email messages that ask for personal information.
  • Always compare the link in the email to the link you are actually directed to and determine if they actually match and lead you to a legitimate site.
  • Log on directly to the official website for the business identified in the email instead of linking to it from an unsolicited email. If the email appears to be from your bank, credit card issuer, or other company you deal with frequently, your statements or official correspondence from the business will provide the proper contact information.
  • If you are requested to act quickly or there is an emergency, it may be a scam. Fraudsters create a sense of urgency to get you to act quickly.
  • Verify any requests for personal information from any business or financial institution by contacting them using the main contact information on their official website.

For more tips and information, visit the Computer And Technology Crime High-Tech Response Team (CATCH) Website.

A woman's finger is clicking through the apps on the screen of an Apple iPhone cell phone resting on a desk.

Apple Inc. Settles $24 Million Consumer Lawsuit

San Diego County District Attorney Summer Stephan announced today that Apple Inc. will pay $24.6 million to settle a California lawsuit alleging the company failed to disclose that iPhone software it instructed consumers to download intentionally slowed down the performance in older iPhones. In a separate action, the tech company is simultaneously settling a nationwide lawsuit for $113 million under the same basis. [TWEET THIS]

The Cupertino, CA-based company reached a settlement with the San Diego County District Attorney’s Office, as well as the California Attorney General’s Office, Alameda, Los Angeles, Santa Clara and Santa Cruz County District Attorney’s offices. Apple Inc. will pay $4.1 million in fines to each agency.

The Consumer Protection Units of the San Diego, Los Angeles, Alameda, Santa Cruz and Santa Clara County District Attorneys’ Offices and the California Attorney General’s Office jointly conducted an extensive consumer protection investigation into the cell phone operations of Apple, Inc., focusing on Apple’s practice of providing updates to its cell phone operating systems that impaired or slowed the performance of those phones without disclosing the performance reductions to consumers.

“Our Consumer Protection team used their expertise working with colleagues across the state to reach this $24.6 million settlement against Apple, making it one of the largest consumer protection judgments in the history of local California consumer protection.” DA Summer Stephan said. “This settlement delivers justice on behalf of iPhone users and makes it clear that companies that use unfair business practices, such as throttling or slowing iPhone performance, will be held accountable.”

The civil complaint, filed in Alameda County Superior Court, alleges that Apple Inc. violated state law by failing to timely and adequately disclose that its iOS software slowed down the performance of older iPhones as their batteries aged.

Dissatisfied customers and industry experts had complained that Apple iOS updates were causing reduced performance in some iPhones. In December 2017, Apple Inc. released a statement apologizing to consumers and providing an explanation about why it slowed down the iPhones. As part of the company’s statement, it said that the iOS 10.2.1 update, which it had issued nearly a year earlier, contained power management features for certain iPhones to prevent unexpected shutdowns. The company also said a subsequent iOS 11.2 update also contained these power management features affecting other iPhones. These power management features resulted in slowing down certain iPhones and causing some users to experience longer launch times for apps, lower speaker volume, backlight dimming, and other reductions in performance. The iPhones affected by these software updates included the iPhone 6, iPhone 6 Plus, iPhone 6s, iPhone 6s Plus, first generation iPhone SE, iPhone 7, and iPhone 7 Plus.

The People alleged that Apple Inc.’s failure to disclose these features at the time iOS 10.2.1 and iOS 11.2 were released constituted an unlawful business practice and violated California’s false advertising statute. Apple Inc. did not admit that it had violated any laws, but the company cooperated with the investigation.

Under the settlement terms, Apple Inc. has agreed to maintain easily accessible and prominent webpages that provide clear and conspicuous information to consumers about lithium-ion batteries, unexpected shutdowns, and performance management.

The webpages must provide guidance to consumers on steps they can take to maximize battery health and describe the operation of performance management and its impact on iPhone battery and performance.

Additionally, Apple Inc. has agreed to notify consumers in a clear and conspicuous manner if a future iOS update materially changes performance management features. [TWEET THIS]

A separate private class action lawsuit, announced earlier this year, will provide individual consumer restitution for these practices. (See In re Apple Inc. Device Performance Litigation, Case No. 18-MD-2827-EJD, U.S. District Court for the Northern District of California). The private restitution process is separate from The District Attorney and Attorney General law enforcement action. For more information on the private settlement see: www.SmartphonePerformanceSettlement.com.

Public Encouraged to Report Suspected Fraud, Reminder Comes During International Fraud Awareness Week

Public Encouraged to Report Suspected Fraud, Reminder Comes During International Fraud Awareness Week

When a patient goes to the doctor, they expect that their doctor will only recommend treatments that are in the patient’s best interest. However, some unscrupulous doctors abuse this trust by entering into kickback arrangements with other medical providers. In these scams, a doctor receives money for every patient they refer for various services, including X-rays, MRIs, other diagnostic tests or medical equipment, whether the patient needs those services or not. This type of medical provider fraud is illegal and is just one type of fraud prosecuted by the San Diego County District Attorney’s Office. [TWEET THIS]

Operation Backlash is the codename given to the largest workers’ compensation provider fraud case ever prosecuted by the San Diego DA’s Insurance Fraud Division. Since 2015, the Insurance Fraud Division, together with the FBI and United States Attorney’s Office has charged more than 70 defendants, obtained over 55 convictions, had over $6 million dollars in restitution ordered and property forfeited, and over $1 billion in fraudulent workers’ compensation liens dismissed. This successful operation has made it clear that such provider fraud is not tolerated in San Diego County.

Insurance Fraud is the second-largest economic crime in the U.S. and costs California residents approximately $15 billion a year. To combat this ever-growing problem, the District Attorney, in conjunction with the California Department of Insurance, is shining a spotlight on this issue on social media during International Fraud Awareness Week, November 15 to 21. The goal is to minimize the impact of fraud by promoting anti-fraud awareness and education, as well as encouraging the public, employees, and businesses to report suspected fraud to authorities. For information and resources about International Fraud Awareness Week, visit www.FraudWeek.com.

“Fraud takes many shapes and forms, and our office has multiple divisions dedicated to preventing and prosecuting this crime,” said District Attorney Summer Stephan. “Whether it’s senior citizens being taken advantage of by unscrupulous life insurance agents or employees who are put in danger by the greed of unethical employers not wanting to provide the adequate workers’ compensation as required by law, we’re working to hold those who would commit fraud responsible for their crimes.”

The DA’s Insurance Fraud Division is dedicated to eradicating all types of insurance fraud, whether it relates to workers’ compensation, automobile insurance, life insurance, or fraud in the healthcare industry. The Insurance Fraud Division also prosecutes other crimes uncovered during insurance fraud investigations, including wage theft, tax evasion and even labor trafficking. The Economic Crimes Division at the District Attorney’s Office

In 2019, the DA’s Insurance Fraud Division filed criminal charges against 458 defendants and obtained 406 convictions for various insurance fraud offenses. As a result of these convictions, over $2.1 million in restitution was ordered for victims, including individuals, insurers, and state agencies.

Some examples of the types of crimes that the Insurance Fraud Division prosecutes are:

  • Workers’ Compensation Provider Fraud – When medical and legal providers, including doctors, chiropractors, and lawyers are paying or receiving kickbacks for referrals, billing for services not rendered or overbilling for services provided.
  • Workers’ Compensation Premium Fraud – When a business misrepresents its true payroll, the type of work it performs, or conceals employee injuries to pay lower workers’ compensation premiums. One of the most common premium fraud schemes occurs when employers pay employees in cash without reporting that cash payroll to the Employment Development Department and their insurer. This activity results in $7 billion in lost revenue each year and evasion of approximately $6.5 million in payroll taxes annually. Frequently, employers who commit premium fraud also engage in other crimes, including wage theft, tax evasion, and labor/human trafficking.
  • Workers’ Compensation Applicant Fraud – When employees fake or exaggerate work injuries in order to collect workers’ compensation benefits, or when employers make false statements to deny benefits to injured workers.
  • Uninsured Employers – Every business in the State of California is required to have workers’ compensation insurance to cover its employees in the event of a workplace injury. These cases are especially important because if an employee is injured at work and their employer does not have workers’ compensation insurance, the employee may have no recourse to get required care and benefits.
  • Auto Insurance Fraud – Fraudulently obtaining payment on an auto insurance policy based on false information such as inflated or faked damages, staged collisions, false claims of vehicle theft and arson. This fraud costs consumers billions of dollars each year in the form of higher insurance premiums.
  • Disability and Healthcare Fraud – This involves fraudulent medical and disability claims and policies, including medical providers who fraudulently bill insurance companies or who divert medications for personal use or sale. Healthcare fraud increases medical costs for everyone.
  • Life and Annuity Fraud – Unscrupulous life insurance agents and others who seek to steal the savings of victims through power-of-attorney abuse, securities fraud, and fraudulent claims on legitimate policies. These scams often target senior citizens, and the impact is life- altering, since seniors do not have the time or opportunity for financial recovery.

The DA’s Economic Crimes Division is responsible for prosecuting a wide variety of wrongdoing, including computer intrusion, identity theft, investment scams, embezzlements, real estate matters, counterfeit goods, environmental crimes and the theft of public assistance funds. The division also acts to protect consumers and businesses by successfully filing numerous civil cases to prohibit unfair business practices within the marketplace.

In 2019, the Economic Crimes Division filed criminal charges against 300 defendants and obtained 285 convictions. Additionally, from those convictions 136 defendants were ordered to pay more than $12 million in restitution.

Separately, the Economic Crimes Division pursued civil enforcement actions against various businesses for unfair competition or environmental violations. The Consumer and Environmental units participated in over a dozen statewide civil enforcement actions that lead to injunctive relief in all of the cases as well as millions collected in restitution, penalties and costs.

Examples of the types of cases that the Economic Crimes Division prosecutes include:

  • Real Estate Fraud – This type of crime involves various fraudulent real estate transactions and/or schemes such as the submission of forged loan applications, fraudulent transfers of title of real property, recordation of fraudulent real estate documents; home equity sale contract fraud; and mortgage foreclosure consultant fraud.
  • Computer and Technology Crimes High Tech Task Force (CATCH) – This Unit prosecutes high-technology criminals engaged in crimes where technology is the prime instrumentality of the crime, or where technology is the target of the crime, such as theft facilitated by technology, theft of technology resources, network intrusions, online harassment and stalking, as well as providing technical and investigative assistance to local law enforcement agencies with respect to digital forensics.
  • Identity Theft – These crimes usually involve criminals acquiring key pieces of someone’s identifying information to impersonate them and commit numerous forms of fraud which include taking over the victim’s financial accounts, opening new bank accounts, purchasing automobiles, applying for loans, credit cards, and social security benefits, renting apartments, and establishing services with utility and phone companies.
  • Complex Theft – These crimes commonly involve embezzlement or investment scams. Embezzlement is the fraudulent appropriation of property by a person to whom it has been entrusted. Instead of using the company’s payroll system or checking or credit card account for legitimate company business, the individual uses these accounts to steal by directing the money to his or her own accounts or to pay for personal expenses. Grand theft schemes take many forms but include scams where the perpetrator misleads individuals about an investment opportunity and instead the uses the money to support the perpetrator’s lifestyle.
  • Consumer Protection – These cases generally involve a business or an individual taking advantage of consumers. These cases can range from a business failing to warn a consumer that their credit card will be billed on an ongoing basis to a business using scanners that charge an amount over the advertised price to building contractors operating without a license. These cases also include other unfair business practices such as misleading product labeling or false advertising.
  • Environmental Protection – These cases generally involve businesses that violate rules relating to the environment such as hazardous waste disposal, underground storage tank regulations and clean air act statutes.

If you see, hear, or know of an insurance fraud scam happening in your area, please contact the DA’s Office through the Insurance Fraud hotline at (800) 315-7672 or at sdconnect@sdcda.org, or contact the California Department of Insurance at (800) 927-4357. To report fraud related to real estate, you can contact the DA’s Real Estate Fraud hotline at (619) 531-3552. To report any other type of fraud or criminal activity, please contact your local law enforcement agency.  [TWEET THIS]

Fatal DUIs Spike Amid COVID-19

Fatal DUIs Spike Amid COVID-19

San Diego County District Attorney Summer Stephan said today that over the last five months San Diego County has averaged one fatal DUI crash per week and is on target to surpass its worst record in decades. Even though non-injury DUI cases are down more than 30 percent, fatal crashes are up 33 percent with 24 deaths so far this, compared to 18 last year. In addition, blood-alcohol levels are higher than last year’s average.

The DA also announced today that her office is receiving a grant of $426,000 from the Office of Traffic Safety to prevent and prosecute impaired driving deaths. For the last seven years, cases in which someone dies at the hands of a DUI driver are investigated as potential murders, instead of approaching the case as a DUI car crash in which someone died. This higher level of investigation, prosecution and accountability is thanks to a grant from the Office of Transportation Safety, which is in its seventh year of funding the DA’s DUI Homicide Unit. To date, the organization has given more than $2.7 million in DUI grants to the DA’s Office.

“This grant will allow our DUI Homicide Unit to continue its critical public safety work,” DA Stephan said. “Even with stay-at-home orders because of the pandemic and many bars being closed, we are still on the brink of topping the highest number of deadly DUI crashes we have had in a single year. Today’s drivers know the risks and the dangers of driving under the influence of alcohol or drugs, yet they persist. 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.”

In addition to forming a special prosecution team, funding will be used to:

  • Develop protocols for handling cases through every step of the criminal process.
  • 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.

“If you drink or use drugs and decide to drive, you put lives at risk,” said OTS Director Barbara Rooney. “This funding from the OTS makes sure that those who make the choice to drive under the influence are held accountable for their actions.”

More than 9,406 DUI-related cases were prosecuted last year, a slight decrease from the 9,629 in 2018, a decrease of just 2.5 %. At the same time however, the District Attorney’s Office prosecuted 445 DUI with injury or fatality cases. The worst year for fatal DUI crashes was 2017, when we had 25 deaths. This year is on track to top that sad distinction.

As part of the grant and with assistance from the State’s Traffic Safety Resource Program, the DUI Homicide Unit coordinates and participates in DUI prevention and awareness in schools, military bases and colleges. It also provides training to local law enforcement agencies. Funding from this DUI Prosecution Grant will aid the District Attorney’s Office in handling cases through each step of the criminal process. This includes prosecuting both alcohol and drug-impaired driving cases. In fatal and major injury DUI vehicle collisions, members of the team may respond to the crash scene to assist in the investigation.

The DUI Homicide Unit, which launched in 2014, streamlines complex DUI cases by creating expertise within the 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 more than 130 cases.

In recent years, California has seen an increase in drug-impaired driving crashes. The District Attorney’s Office supports efforts from OTS reminding the public that “DUI Doesn’t Just Mean Booze.” If you take prescription drugs, particularly those with a driving or operating machinery warning on the label, you might be impaired enough to get a DUI. Marijuana use can also be impairing, especially in combination with alcohol or other drugs, and can result in a DUI arrest and conviction.

Grant funding from the California Office of Traffic Safety through the National Highway Traffic Safety Administration will change how our office handles these challenging cases to be better, more efficient and more effective.

DA Hosts First Virtual Crime Survivor Summit to Improve Victim Services

DA Hosts First Virtual Crime Survivor Summit to Improve Victim Services

San Diego County District Attorney Summer Stephan announced today that her office is hosting a first-of-its-kind crime victim and survivor summit, which will bring together victims, survivors, service providers and stakeholders. The innovative Summit will provide educational workshops and identify gaps and needs in crime prevention, protection of victims and survivor healing. The event will be held virtually on November 9, from 9:30 a.m. to 3:30 p.m., complete with a keynote speaker and “hope talks,” akin to TED Talks. The keynote speaker is the ‘father’ of pivotal research on the impact of early childhood adverse experiences. [TWEET THIS]

Participants will come together for presentations from victims, survivors, service providers, researchers, experts and professionals that will focus on forms of victimization and trauma, including violent loss of life, domestic violence, child abuse, sexual assault, human trafficking, elder abuse, mass threat of violence and hate crimes. The goal is to transform and improve systems of care.

“As District Attorney, my mission is to pursue fair and equal justice for all and to keep our neighborhoods safe with the protection of victims as a top priority,” DA Stephan said. “During my years of fighting in the courtroom for justice, I’ve witnessed the devastation that violent crime, such as rape, murder, domestic violence, child and elder abuse, inflicts on human beings. The effects ripple throughout life and children grow up to suffer generational trauma. Leading an office that is the largest provider of victim services in the county is a heavy responsibility, and this landmark Summit will help move us forward in transforming victim services and preventing violent crime.”

Headlining the summit is keynote speaker, Dr. Vincent Felitti, the co-principal investigator of the internationally recognized Adverse Childhood Experiences Study (ACES) and Founder of the Department of Preventive Medicine for Kaiser Permanente in San Diego. Research on ACES has found that even one adverse childhood experience of trauma can have lifelong health ramifications for survivors. Dr. Felitti will share major findings from the ACES studies and provide suggestions on how the findings can be used to inform policy and programming for victim survivor services.

In addition, the Summit will incorporate the vantage points that reflect diversity in color, ethnicity and sexual orientation. San Diego County has been at the forefront of best practices in the care for victims of crime but there are critical gaps that remain and will be addressed.

At the conclusion of the Summit, a smaller number of participants that comprise diverse and inclusive representations from each group will participate in a facilitated strategic planning session, using the model of Sequential Intercept Mapping. This model has been successfully used to help transform the intersection of criminal justice, mental health and homelessness detailed in the DA’s Blueprint for Mental Health Reform.

Many other speakers are slated to speak at the Summit, including Brent King, father of slain teen, Chelsea King, former San Diego City Attorney and pioneer of the Family Justice Center, Casey Gwinn, Fernando Lopez, executive director of San Diego Pride, as well as Kimberly Giardina, Director of Child Welfare Services in San Diego County. [TWEET THIS]

DA Objects to Early Release of DUI Driver in Chicano Park Crash

DA Objects to Early Release of DUI Driver in Chicano Park Crash

A man sentenced to nine years and eight months in prison for killing four people in a DUI crash is set to be released early by the California Department of Corrections and Rehabilitation (CDCR) on Friday after serving only two years and 10 months of his sentence. Richard Anthony Sepolio, 27, was behind the wheel of a pickup truck that plummeted over the side of a transition ramp to the Coronado Bridge and landed in Chicano Park, killing four people.

Sepolio was convicted in February of last year for the October 15, 2016, crash that killed Annamarie Contreras, 50, and Cruz Contreras, 52, a married couple from Chandler, Arizona; and Hacienda Heights residents Andre Banks, 49, and Francine Jimenez, 46. Seven other people were seriously injured. Sepolio was convicted of four counts of vehicular manslaughter while intoxicated and one count of DUI causing injury.

On Monday, CDCR surprised victims in the case as well as the District Attorney’s Office by notifying them of the impending early release, citing various prison credits for good behavior as well as its policy of releasing inmates early due to the COVID-19 pandemic. There were no specific reasons cited related to this defendant.

In strongly worded letters to both Governor Gavin Newsom and CDCR Secretary Kathleen Allison, San Diego County District Attorney Summer Stephan called the early release a “miscarriage of justice,” arguing that Sepolio should not receive extra credits and an early release due to COVID-19. DA Stephan wrote that Sepolio should serve the term as originally contemplated for the safety of the public.

“This very early release is unconscionable,” DA Stephan Said. “CDCR’s decision is re-victimizing the family and friends of the four people killed and seven injured who have been devastated by their loss and continue to deal with the financial, emotional, mental and physical trauma caused by the defendant. This inmate continues to deny and minimize the crime by refusing to admit he was speeding and denying being impaired while arguing with his girlfriend on the phone, which resulted in the devastating crash.”

Sepolio was traveling between 81 and 87 miles per hour when he lost control of his vehicle. He testified that when he got onto the Coronado Bay Bridge another vehicle would not let him over into the left-hand lane, so he sped up twice to pass. When he lost control, the vehicle bounced off the inside guardrail and then veered across the lanes of traffic hitting the outside guardrail before plummeting off the bridge. The vehicle careened down into Chicano Park where there was a motorcycle rally with nearly 1,000 people present.