DA Files Hate Crime

San Diego County District Attorney Summer Stephan announced criminal charges today against a man who attacked his neighbor on November 10 while yelling anti-gay slurs. Robert Frank Wilson, 40, is charged with one count of felony battery and a hate crime allegation. He was arraigned today in San Diego Superior Court in the South Bay and pleaded not guilty. Prosecutors say Wilson blocked his neighbor’s driveway, got out of his vehicle and started yelling homophobic slurs at the victim. At one point, Wilson reached into the window of the victim’s vehicle and struck him in the face.

About five weeks after the incident, on December 18, Wilson was cited by the San Diego Police Department for working with a group of people to hang a large anti-Semitic poster on the fence of an Interstate 805 overpass in violation of the San Diego City Municipal Code. The DA is including the code violation as part of the charges it filed against Wilson. If convicted, he faces up to three years, six months in prison.

“This case and these events demonstrate that those who are motivated by prejudice often spread their hate around to various groups, attacking our neighbors on the basis of race, religion, sexual orientation or other grounds,” DA Summer Stephan said. “Hate against one group is a threat to everyone and we won’t tolerate these crimes in our community. Anyone considering committing a hate crime should think again as they will be investigated, prosecuted and held accountable under the law.”

Prosecuting hate crimes is a priority for the San Diego County District Attorney’s Office. The DA has nearly tripled the number of hate crime cases it has prosecuted in recent years, filing 21 cases in 2020 and 30 such cases in 2021.

Last year, in response to reports of hate-related incidents aimed at the Asian community across the nation in the wake of the COVID-19 pandemic, the District Attorney’s Office announced a new online form and hotline where the public can report suspected hate incidents and hate crimes they’ve been a victim or witness to in San Diego County. The online reporting form can be found on the District Attorney’s website here. The Hate Crimes Hotline number is 619-515-8805.

Individuals submitting information about a suspected hate crime will be contacted with information about the DA’s review of the report and any action that may be taken. The public is reminded that hate speech in and of itself often does not rise to the level of a hate crime but is relevant as it could escalate to criminal behavior Hate crimes are often preceded by hate speech. By law, a hate crime is a criminal act committed against another person that is motivated by prejudice against that person’s race, ethnicity, religion, sexual orientation, gender identity or disability.

Wilson will next be in court on January 5 for a readiness hearing. His preliminary hearing is scheduled for January 19.

DA Releases Reviews of Three Officer-Involved Shootings, One In-Custody Death

Suspect Wielding a Crowbar Advances on Officer

On the evening of April 21, 2021, the Escondido Police Department received a call reporting a person hitting parked vehicles with a metal pole in the parking lot of a business. An officer contacted Steven Olson, 59, the subject of the call, in the parking lot. The officer recognized Olson from prior police contacts. A witness at the scene explained he saw Olson tampering with a vehicle and hitting a pole while speaking incoherently.

Olson was holding a squeegee and a 25-inch metal crowbar in his hand. The officer told Olson multiple times to put the crowbar down. Olson held the squeegee and crowbar down to his side and did not raise the crowbar in a threatening manner. Olson did not comply with the officer’s commands to drop the crowbar and jogged away from the officer. The officer advised over police radio that Olson was running away and the officer was not in pursuit.

About five minutes later, a second officer was driving to an unrelated burglary alarm call when he observed Olson standing in the middle of the street at 100 South Broadway in Escondido. The officer had been monitoring the radio call regarding Olson potentially vandalizing vehicles and was also familiar with Olson from previous contacts. He used the public address system in his patrol vehicle to warn Olson to leave the area or he may go to jail. Olson did not comply with the officer’s commands.

The officer exited his patrol vehicle and Olson walked directly toward him. Olson dropped the squeegee but was still holding the crowbar in his right hand. The officer unholstered his firearm and backed up as Olson walked quickly towards him. The officer pointed his firearm at Olson and gave him multiple commands to drop the crowbar. Olson continued to advance towards the officer with the crowbar held up to his side with his elbow bent in a 45-degree angle. The officer continued backing up while telling Olson several times to drop the crowbar or he was going to shoot him. Olson continued advancing towards the officer, who had stepped up onto a sidewalk and was backing up against a wall. Olson came within striking distance and the officer feared Olson would strike him with the crowbar, so he fired his weapon striking Olson several times. Olson fell back into the roadway, dropping the crowbar onto the sidewalk.

Additional officers arrived within seconds and immediately provided medical aid until paramedics arrived. Olson was transported to Palomar Medical Center where he was pronounced dead. Toxicology testing detected amphetamine and methamphetamine in Olson’s system.

The District Attorney’s review determined the officer would have reason to believe that he was in imminent threat of serious bodily injury or death, viewing the situation as an objectively reasonable officer would. While the officer was equipped with less lethal options, the use of any of these less lethal options was not feasible given the immediacy of the perceived threat. Under the totality of circumstances, the officer was justified in his actions and bears no state criminal liability.

Read the DA’s detailed review here. Video of this incident has been released previously by the Escondido Police Department.

 

Man Threatening to Jump from a Second Story is Detained

On March 12, 2020 just before midnight, Chula Vista Police received a call from a woman who said her father was attempting to jump out of a two-story window. The woman’s boyfriend was restraining the male. Two officers were dispatched separately to the scene. The woman led the first officer to arrive upstairs where Oral Nunis, 56, was seated on the floor in a doorway to one of the bedrooms with the woman’s boyfriend positioned next to him. The officer attempted to handcuff and detain Nunis by grabbing onto his arm. Nunis pulled his arm away and told him he did not want to be handcuffed. The officer backed off to de-escalate the situation and called for assistance.

The officer continued to speak with the woman about what occurred earlier. Nunis stood up and tried to walk past the officer, who grabbed Nunis’ arm to handcuff him, but Nunis pulled away and ran down the stairs. Nunis ran out the front door and onto the street. The first officer tackled Nunis and a struggle ensued. The second officer arrived to assist. Nunis actively resisted both officers. The officers were ultimately able to place Nunis’ hands behind his back and handcuff him.

Additional officers arrived on scene and Nunis was placed in a WRAP restraint device. A mesh “spit sock” was placed over Nunis’ head after he began spitting onto the ground. Paramedics arrived on scene and loaded Nunis into an ambulance. While in the ambulance, Nunis stopped breathing and went into cardiac arrest. The WRAP device was removed, and paramedics began CPR. Nunis was transported to Sharp Chula Vista Medical Center, where he was pronounced dead.

An autopsy determined the cause of death was sudden cardiorespiratory arrest while restrained in police custody. The medical examiner was unable to identify why Nunis went into cardiorespiratory arrest, but opined it was likely an excited delirium-type scenario.

The District Attorney’s review of the incident determined the officers’ use of physical restraint techniques and application of the WRAP device were reasonable under the circumstances. After the various applications of force were made during the incident, Nunis was breathing and still able to talk. There were no obvious signs of distress until he was being prepared for transport to the hospital inside the ambulance.
Based on the totality of circumstances and the Medical Examiner’s report where the cause of death was ‘undetermined,’ there is insufficient evidence to show that the death of Mr. Nunis resulted from any unreasonable application of restraint by the officers. After the various applications of force were made during the incident, Nunis was breathing and still able to talk. There were no obvious signs of distress until he was being prepared for transport to the hospital inside the ambulance.

Therefore, the law enforcement personnel involved in his restraint acted reasonably under the circumstances and bear no state criminal liability for their actions

Read the DA’s detailed review here. The Chula Vista Police Department previously released body-worn camera video evidence of this incident.

 

Suspect Points Loaded Gun at Sheriff’s Deputy

On June 18, 2021, two San Diego Sheriff’s Department Deputies were dispatched to a radio call of a person sleeping under a tree in a vacant lot in Encinitas. Both deputies arrived at about 8:00 a.m. and contacted Eric Anderson, 40. Anderson seemed unsettled and started packing his belongings. He told them he was just traveling through the area and had rested there for the night. Anderson claimed he had never been arrested and was not on probation or parole.

One of the deputies conducted a records check and found prior arrest records and a photo of Anderson. Anderson denied the arrest record and began to stand up. He was told to sit down but he ignored the deputy’s order, and as he stood up, he hid something behind his back. Anderson yelled, “Get the fuck back, get back!” He pointed an object wrapped in a green bandana at the deputies and held it as if it was a gun.

One of the deputies realized Anderson was in fact holding a gun. Anderson ran down the hill and the deputies pursued him. One of the deputies chasing Anderson began closing the distance between them. When the deputy was seven to ten yards away, Anderson began slowing to a stop. Anderson turned his body to the left towards the deputy and extended out his left arm, holding a black semi-automatic handgun in his hand. Both deputies fired at Anderson, who dropped the gun and fell to the ground. The deputies provided medical aid and Anderson was transported to the hospital where he was pronounced dead.

In reviewing the circumstances of this case, the deputies’ actions were reasonable based on the circumstances known and perceived by them at the time of the shooting. Anderson created a deadly force situation by pointing a handgun at the deputy. Both deputies reasonably believed that Anderson posed an imminent threat and intended to cause serious bodily harm or death. The use of a less lethal option in this situation was not reasonably safe and feasible. Therefore, the deputies bear no state criminal liability for their actions.
Read the DA’s detailed review here.

 

Homeless Man Shot During Interaction with Officers

On February 25, 2021 at about 7:00 p.m., a pedestrian flagged down a San Diego Police officer regarding a man armed with a knife at Third Avenue and G Street in downtown San Diego. The man was creating a disturbance and causing pedestrians to walk in the street to avoid him. The subject, described as an older male who was possibly homeless, was later identified as Stephen Wilson, 69. The officer arrived on the scene and saw Wilson speaking to occupants of a red vehicle. There was a shopping cart nearby with trash scattered around it. As the officer exited his patrol vehicle, Wilson walked away from the red vehicle. The officer identified himself and informed Wilson he was there because someone reported a person with a knife acting strangely.

Wilson denied having a knife and the officer did not see a knife on him at that time. Wilson told the officer the knife was possibly in the shopping cart.

Two additional officers arrived to provide cover. The first officer on the scene planned to detain and handcuff Wilson in order to investigate whether he had a knife. As the officer stepped towards him, Wilson said, “Back off,” and moved away from the officer and towards the shopping cart. Wilson turned to his right and the officer saw a knife sticking out of Wilson’s left rear shorts pocket. Wilson was armed with a Santoku-style knife that was about 10 inches long. The officer told Wilson not to reach for the knife. Wilson removed the knife from his pocket as the officer simultaneously drew his weapon from his holster. Wilson dropped the knife to the ground as the officer fired three rounds at him. Wilson was struck and fell to the ground. Officers provided first aid and Wilson was transported to UCSD Hospital for treatment and Wilson survived the shooting.

The District Attorney’s review determined that the evidence showed Wilson reached for and removed the knife from his pocket while standing within feet of the officers, including his fellow officer who was not prepared to defend himself if Wilson planned to use the knife to assault them. The officer who fired was reasonable in his belief at that moment, that Wilson presented an imminent threat of death or serious bodily harm. The officer therefore bears no state criminal liability for his actions. The officer stated he did not feel there was time to revert to less lethal options in what he perceived to be a lethal situation.

Read the DA’s detailed analysis here. The San Diego Police Department previously released body-worn camera video evidence of this incident.

DA Ramps Up Efforts to Stop Retail Theft Rings

San Diego County District Attorney Summer Stephan said today that her office took a tough stance early last year against organized retail thieves and is continuing to explore additional ways to hold these criminals accountable amid high-profile ‘smash and grab’ thefts across California.

Today, Stephan and her team met with retailers, business association representatives, retail industry employee representatives, law enforcement and others to discuss the scope of the problem in San Diego County, steps law enforcement is taking to stop and prosecute these crimes and talk about possible future prevention strategies. The meeting was also held to develop a deeper understanding of the issues and possible solutions.

Beginning in 2019, with the passage of California’s Organized Retail Theft Law (PC 490.4), the San Diego DA’s Office began a partnership with the California Highway Patrol’s Organized Retail Theft team of special investigators. Since that time, a number of successful prosecutions have occurred. Crews of thieves coming to San Diego from other parts of the California have been prosecuted in a single case for all crimes they committed against retail stores up and down the state.

“By building strong cases here in San Diego, the message we’re delivering is that if you come to our county to steal, you will be investigated, caught and prosecuted to the fullest extent of the law for all of the thefts you have committed in other counties,” said DA Stephan. “We’ve been a leader in the state when it comes to holding these organized crime rings accountable through enforcing the rule of law and are continuing to fight on behalf of businesses, their employees, customers and the community to be safe and protected from harm in our county.”

In a recent case, two thieves were prosecuted for 42 felony counts of looting, grand theft and burglary for breaking into ULTA Beauty, Nordstrom Rack and other stores during nighttime hours. These thieves caused over $700,000 in loss after destroying locked glass doors. The defendants were prosecuted by the San Diego DA’s Office for crimes occurring in four additional counties.

National retail groups estimate retail theft losses to be in the tens of billions of dollars each year. Locally, San Diego County has not yet seen any of the larger “smash and grab” incidents, but instead thefts are increasingly carried out by organized crews of thieves who are travelling around the state and hitting store after store of whatever they specialize in or whatever is in demand like fragrances, tools and electronics. Law enforcement is arresting some thieves who are San Diego residents but say at least half of them are not local residents and only come to San Diego is to steal.

In other cases, robbers hop the counter or enter a pharmacy area to steal prescription medication. Prosecutors also say thieves often strike when stores are open, knowing that sales associates have been directed to leave the crooks alone for safety and liability reasons. With these kinds of robberies on the increase, organized retail theft represents a significant problem in San Diego County.

Another challenge to holding repeat thieves accountable is a change in the law under Prop 47 that says any loss under $950 cannot be charged as a felony no matter how many times the crime is repeated. Currently the law doesn’t distinguish between a person who steals on one occasion and those who steal repeatedly harming small businesses and their employees.

In addition, currently misdemeanor retail theft cases are not bookable offenses and thieves are just issued citations (like a traffic ticket) and told to leave the store. This is due to the need for the jail to allow capacity for serious and violent offenders to address COVID concerns that have been taken advantage of by repeat criminals who have used the zero bail as a vehicle to continue preying on the community.

DA Stephan is also calling on the legislature to restore a key provision of the state’s Retail Theft Law. When the law lapsed recently, the legislature put the law back in place after the shocking images of smash and grab thefts emerged in the media, but without the provision that allows one DA’s Office to combine cases from other counties into one prosecution.
Arresting and prosecuting thieves is important but can’t happen without early reporting from stores. Oftentimes, the crews hit multiple stores per day and the evidence from one store can help prove the thefts in another store. Store video surveillance is particularly valuable, including outside cameras that may capture vehicle information. When arrests are made and property is recovered, police reports are the only way victims can be identified and stolen property returned.

DA Statement on Dages Not Guilty Verdict

San Diego County District Attorney Summer Stephan today announced that a jury has found former La Mesa police officer Matthew Dages, 30, not guilty of one felony count of filing a false police report.

On May 27, 2020, Dages confronted, detained, and arrested Amaurie Johnson, 24, near a trolley station last year, an incident that sparked protests in the city. The La Mesa Police Department did not forward the case against Amaurie Johnson to the District Attorney’s Office for prosecution, but did request the District Attorney’s Office review a case against Matthew Dages.

Several law enforcement officers testified that dishonesty in police reports can never be tolerated in our judicial system.

District Attorney Summer Stephan released the following statement:

“I want to thank the jury for their time and consideration of this case. While I respect the jury’s verdict, I remain proud that my team courageously fought for justice without prejudice against or favor towards anyone. The integrity of our criminal justice system depends on police officers filing truthful police reports and our thorough review of the facts and evidence led us to bring the charge and present the case to the jury. The community can take comfort in knowing that the vast majority of police officers in our county serve with honor and uphold the law while doing the difficult job of keeping our communities safe.”

DA Reaches Out Online to Middle and High School Students to Combat Opioid Abuse

San Diego County District Attorney Summer Stephan announced today that her office is hosting a first of its kind virtual opioid assembly – called SDNeeds2Know – streaming from the San Diego School for Creative and Performing Arts to inform students of increasing fentanyl-related overdose deaths related to laced substances and to warn them that any pills that don’t come from a pharmacy could be deadly. The online summit is being held December 16 from 9:30 a.m. to 10:45 a.m.

Every middle and high school in the county are being invited to attend the event virtually, which is being organized and supported by the District Attorney’s Office, the San Diego County Office of Education, Chair of the San Diego County Board of Supervisors Nathan Fletcher, Natural High, and other partners.

“Our region is experiencing drug overdose health crisis,” DA Stephan said. “Over the past few years in San Diego County, the number of fentanyl deaths, especially among young people, has more than quadrupled. This is why we planned this countywide summit focused on middle and high school students, who are asked to log on to this summit from whatever class they’re in for an hour packed with life-saving information.”

The summit on opioids seeks to educate middle and high school students by engaging them in a dynamic livestream event that includes powerful testimonials from overdose survivors, a short play by students, and inspiring messages from local leaders. One of the program highlights is a keynote speech by Chris Herren, a former NBA basketball player who struggled with an opioid addiction and uses his story of recovery as a powerful connection to help those suffering from addiction. His presentation also focuses largely on the social and emotional health of our teens.

Aaron Rubin, who became a quadriplegic after an opioid overdose, and his mother Sherrie will also speak to the students about their experience.

Parents of middle and high school age children are encouraged to contact their schools to confirm their child’s classroom is participating in the summit. Parents are also encouraged to attend.

“We have an opioid epidemic gripping our country,” said Acting U.S. Attorney Randy Grossman. “We are needlessly and tragically losing many young lives at an alarming rate. Our young people need to know that experimenting with drugs can have fatal consequences. That pill or powder might be laced with fentanyl. Don’t let one bad decision steal your future.”

San Diego County continues to deal with a fentanyl crisis. Overdose deaths have increased from 33 in 2016 to almost 700 so far this year. Victims include students as young as 16-years-old and young people are experimenting with drugs as early as 12.

“It’s our job as educators to make sure that students are made aware of the dangers that opioids and other drugs present and this summit is an opportunity to hear from individuals who have experienced peril at the hands of these powerful drugs,” said County Superintendent of Schools Dr. Paul Gothold. “To curb these alarming trends, we must continue to create school environments that are safe and welcoming to all students.”

It’s impossible to know what is in street drugs, DA Stephan warned.

“San Diego needs to know that the pills or powder currently sold on the streets, likely contain fentanyl, DA Stephan said. “Literally one pill can kill and has killed in every neighborhood of our county.”

This event would not have been possible without the generous assistance from our donors, who include HIDTA, Sycuan, Natural High, Hazelden Betty Ford, the Prescription Drug Abuse Task Force, and the Warshof Family. The summit was organized by Deputy DA Terri Perez when she served as the DA’s Chief of Narcotics Division and continuing in her current position as Chief of the South Bay Branch.

DA Files Criminal Charges in Pacific Beach Incident

San Diego County District Attorney Summer Stephan today announced multiple felony charges against six of the eight people arrested in connection with violent criminal acts committed earlier this year during a demonstration in Pacific Beach on January 9, 2021. Charges against the defendants include conspiracy to commit a riot, illegal use of tear gas, assault by means likely to produce great bodily injury and vandalism. If convicted, the defendants face a sentencing range of probation up to 10 years and eight months in prison.

The defendants who appeared in court today were Luis F. Mora, 30; Joseph Gaskins, 21; Martin Talab, 27; Jeremy White, 39; Bryan Rivera, 21; Brian Lightfoot, 25; and Jesse Cannon, 31. A readiness hearing was set for December 15 and a preliminary hearing is currently set for December 17. The remaining two defendants will be arraigned at a later date. An outstanding arrest warrant exists for the ninth defendant.

The Defendants are self-identified to be affiliated with Anti-fascists or Antifa and in this case organized into two groups, one originating from Los Angeles and the other from San Diego. The defendants began organizing on January 2, 2021 for what they referred to as “Direct Action” against a demonstration to take place on January 9, 2021 in Pacific Beach. Evidence gathered in the investigation shows that Antifa members reference to “Direct Action” means acts of violence such as assault, battery, assault with deadly weapons, arson, and vandalism.

On January 9, the crowd of self-identified Antifa— many of them dressed in all black clothing commonly known as “Black Bloc” and wearing Antifa memorabilia— gathered at the Pacific Beach pier to counter a political demonstration that was referred to as “Patriot March,” in support of the former President. The group wearing all black arrived an hour prior to the scheduled beginning of the “Patriot March.” The group gathered and began to march up and down the boardwalk. On at least eight separate occasions, approximately 15 to 20 members from the counter protesting group (Antifa-affiliated) broke off and surrounded perceived members of the Patriot March group and attacked them using impact weapons and mace. At present, there are 16 known victims.

At one point, a line of 20 to 25 counter protesting individuals advanced on a smaller group of four people from the Patriot March, yelling obscenities at them and screaming for them to run. One member of the group, who was dressed in black with their face covered, pulled out a can of pepper spray and sprayed it in their faces. The smaller group was attacked with chairs, sticks, glass bottles, full alcohol/beer cans and closed fists as they were chased down the boardwalk.

The Antifa-affiliated group surrounded several minors who they believed to be attending the Patriot March, sprayed them with mace and chased them up the boardwalk, shoving one of the minors to the ground. The minor was surrounded and beaten resulting in the minor victim being taken to the hospital to be treated for a concussion.

In addition to assaults on those participating in the Patriot March, there were collateral victims including a dog that was maced, a journalist attempting to take photos, a business that was vandalized, and assaults on police officers.

Video evidence analysis shows that overwhelmingly the violence in this incident was perpetrated by the Antifa affiliates and was not a mutual fray with both sides crossing out of lawful First Amendment expression into riot and violence.

The San Diego Police Department declared the event an unlawful assembly and demanded that the protestors disperse. The counter protestors threw bottles, eggs, rocks and sprayed at the officers with mace before the crowd was finally broke up.

SDPD, working with the District Attorney’s Office, investigated multiple allegations of violent criminal conduct. As a result of those investigations, on December 2, search and arrest warrants were served throughout Los Angeles and San Diego counties.

As in every case, the District Attorney’s Office follows the rule of law in bringing charges where the evidence supports it beyond a reasonable doubt regardless of the political orientation of crime victims, as the right to peaceful protest must be protected. When peaceful Black Lives Matter protesters were assaulted in Lemon Grove, the DA’s Office brought felony charges and obtained felony convictions.

Anyone who was a victim in the incident who hasn’t spoken with law enforcement may contact SanDiegoDA@sdcda.org

International Fraud Awareness Week

San Diego County District Attorney Summer Stephan is encouraging the public to report fraud during International Fraud Awareness Week. Insurance Fraud is the second-largest economic crime in the U.S. and costs California residents about $15 billion a year. To combat this problem, the District Attorney, in conjunction with the California Department of Insurance, is shining a spotlight on this issue to minimize the impact of fraud by promoting anti-fraud awareness and education.

In 2020, the DA’s Insurance Fraud and Workplace Justice Division filed criminal charges against 214 defendants and obtained 81 convictions for various insurance fraud offenses. As a result of these convictions, over $1.1 million in restitution was ordered for victims, including individuals, insurers, and state agencies.

“Committing fraud is a serious financial crime that harms seniors, business owners, employees and corporations,” DA Stephan said. “Ultimately fraud impacts all of us when insurance prices spike because of unscrupulous actors. Honest industries can’t compete with those cutting corners through fraud. If you know of fraud being committed, report it.”

The Insurance Fraud and Workplace Justice Division is dedicated to eradicating insurance fraud, whether it relates to workers’ compensation, automobile insurance, life insurance, or fraud in the healthcare industry. It also prosecutes other crimes uncovered during fraud investigations, including wage theft, tax evasion and even labor trafficking.

The DA’s Economic Crimes Division is also responsible for prosecuting a wide variety of fraud, including identity theft, investment scams and embezzlements. The division also acts to protect consumers and businesses by successfully filing civil cases to prohibit unfair business practices within the marketplace.

 

Examples of the types of crimes that the Insurance Fraud and Workplace Justice 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 to collect workers’ compensation benefits, or when employers make false statements to deny benefits to injured workers.

• Uninsured Employers – Every business in 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.

• Workplace Justice Violations – In this unit we have developed an innovative approach to prosecuting wage theft, wage and hour violations, meal and rest break abuses, unfair business practices, tax evasion, and labor trafficking.

The Economic Crimes Division has filed criminal charges against 233 defendants and obtained 144 convictions from 2020 through this year so far. Additionally, from those convictions, 50 defendants were ordered to pay $2.5 million in restitution. The division also investigated over 100 price gouging complaints during the early days of the pandemic.

This division also pursued civil enforcement actions against various businesses for unfair competition or environmental violations. In 2020, the Consumer Protection and Environmental Protection Units completed over a dozen major civil enforcement actions resulting in injunctions to stop the unlawful business practices and statewide monetary relief that included millions of dollars in civil penalties and costs and $19.6 million in direct restitution to consumer victims.

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 method of committing crime.

• Identity Theft – These crimes involve criminals acquiring key pieces of someone’s identifying information to impersonate them and commit numerous forms of fraud.

• 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 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. For information and resources about International Fraud Awareness Week, visit www.FraudWeek.com.

Consumer Settlement with Synchrony Bank

San Diego County District Attorney Summer Stephan announced today that Synchrony Bank will pay $3.5 million to settle a civil lawsuit brought by a statewide team of district attorneys alleging the bank made unreasonably frequent or harassing phone calls to debtors in California.

“Often, these harassing debt collection calls were made to consumers who didn’t owe any money and sometimes even to a wrong number,” DA Stephan said. “The District Attorney’s Consumer Protection Unit is committed to holding these companies accountable for unfair business practices when companies like this bank violate state and federal debt collection practices.”
The investigation and prosecution of the case was handled by the California Debt Collection Task Force, a statewide law enforcement team composed of the District Attorneys of San Diego, Los Angeles, Riverside and Santa Clara counties.

The civil consumer protection complaint alleges that Synchrony Bank and its agents engaged in unlawful debt collection activities from call centers in and outside the United States. The complaint alleges that the collection calls were often made in an excessive and unreasonable volume, and sometimes continued after the consumers indicated they no longer wished to receive the calls or when the calls were made to wrong numbers.

The judgment negotiated with the Utah-based company, entered November 10 in Los Angeles Superior Court and signed by Judge Rupert A. Byrdsong, requires that Synchrony Bank implement and maintain policies and procedures to prevent unreasonable and harassing debt collection calls to California consumers, including limiting the total number of calls to each debtor and honoring consumer requests for calls to stop.

Under the judgment, which was entered without admission of wrongdoing, Synchrony Bank was ordered to pay a total of $3.5 million, including $2 million in civil penalties and $975,000 in investigative costs. Because individualized restitution is not feasible under these circumstances, the judgment also requires Synchrony Bank to pay $525,000 in alternative restitution to a charitable trust fund to support additional consumer protection efforts. The district attorneys indicated that Synchrony Bank worked cooperatively with the prosecutors to resolve the matter.

The case was handled for the San Diego County District Attorney’s Office by Deputy District Attorney Thomas A. Papageorge, Head of the Consumer Protection Unit, and Colleen E. Huschke, a Deputy District Attorney in the Consumer Protection Unit.

Las Colinas Nurse Charged with Manslaughter in Inmate Death

The San Diego County District Attorney’s Office has charged Danalee Pascua, 36, a nurse at the Las Colinas Detention Facility, with Involuntary Manslaughter, a felony violation of Penal Code Section 192(b), in connection with the death of Elisa Serna, 24. Serna died on November 11, 2019 while in custody at the detention facility. Arraignment is scheduled for November 19 at 1:45 p.m. in East County. If convicted, Pascua faces up to four years in prison. There is an ongoing investigation in this case reviewing other parties who may also be criminally responsible.

On November 10, 2019, Ms. Serna reported that she was dizzy and nauseous and was moved into the Medical Observation Unit of the Las Colinas Detention Facility. The next day, the defendant responded to Serna’s medical isolation cell in an attempt to take Serna’s vitals. Serna fell in the defendant’s presence. The defendant failed to get Serna’s vitals, did not move Serna into a recovery position and left Serna on the ground in the cell. About an hour later, Pascua and deputies returned to Ms. Serna’s cell and began futile life saving measures.

The San Diego County Sheriff’s Department referred their investigation to our office for review. The Special Operations Division of the DA’s Office, a dedicated unit of prosecutors and investigators that review officer-involved shootings and in-custody deaths involving criminal wrongdoing, is handling this case.

District Attorney Summer Stephan released the following statement:
“There is nothing more sacred than the sanctity of life and when that life is in the custody and care of government, it must be safeguarded and provided with the appropriate medical care. The evidence in the in-custody death of Elisa Serna demonstrates criminal negligence that contributed to her death. It is a heartbreaking case of failure to safeguard Elisa’s life by those who are charged with that responsibility. Our analysis in this case as in any case follows the law, is independent and objective. In this particular incident, we can only file charges against the individuals involved if it is determined there is criminal negligence beyond a reasonable doubt. Other systems such as civil actions, administrative sanctions and citizen review boards provide wider remedies without the very high burden of proof of criminal accountability.”

Maya Millete Case News Conference

DA Charges Larry Millete with Murder

San Diego County District Attorney Summer Stephan announced today that her office has filed a murder charge against Larry Millete, 40, the husband of May “Maya” Millete, 40, a Chula Vista, California mother of three who has been missing since January. In addition to the murder charge, Millete is also charged with illegal possession of an assault weapon. If convicted, he faces life in state prison.

[WATCH NEWS CONFERENCE HERE]

Millete was arrested today by the Chula Vista Police Department. Following Millete’s arrest, he was booked into a San Diego County Jail and is being held without bail. He is scheduled to be arraigned on Thursday at 1:30 in the South Bay Courthouse located in Chula Vista.

“Whenever one of our community goes missing, we hope for their safe return,” DA Stephan said. “Sometimes missing persons cases remain unsolved, but as the evidence unfolded in this case, it pointed in one direction— that May was murdered. As we make this announcement, I know the hearts of the community are with May’s family, her three young children, and everyone who knew and loved her.”

California law allows prosecutors to file murder charges even though May’s body has not been found. Specifically, case law holds that successfully disposing of a victim’s body does not entitle a murderer to avoid prosecution.

The District Attorney’s Office filed this case based on evidence that was developed during a nine-month investigation based on the collaboration of the Chula Vista Police Department, which led the investigation and a dedicated team from the DA’s Office along with support from the FBI and NCIS.

“Today is a step toward justice, but it does not mark the end of our investigation,” said Chula Vista Police Chief Roxana Kennedy. “The Chula Vista Police Department will continue to seek answers for May’s family.”

In San Diego County, there is an average of 13 domestic violence-related homicides each year. These types of murders make up 14 % of all homicides in the county.

If you or someone you know is being abused by a current or former partner, call the National
Domestic Violence Hotline (1-800-799-7233) for confidential support and assistance.