San Diego County District Attorney Summer Stephan issued a warning today to businesses and scammers not to take advantage of consumers by price gouging during a state of an emergency – doing so can end in prosecution. As a result of the devastating Valley fire in the eastern part of San Diego County, Governor Gavin Newsom and the San Diego County Board of Supervisors declared a state of emergency in San Diego County on September 6. During a declared state of emergency, it is illegal for a business to increase its prices for essential goods or services by more than 10 percent, unless they can show their own costs have been increased. [TWEET THIS]

“Wildfires leave a devastating effect on many of our neighbors and we want to send a clear message that we will not tolerate any unlawful activity by a greedy businesses, contractors or scammers who would seek to financially exploit victims of wildfires,” District Attorney Summer Stephan said. “Price gouging and unlicensed contracting during a state of emergency is not only a crime, it also can further victimize someone who may have lost everything in a wildfire.”

Violations of the price gouging statute are subject to criminal prosecution that can result in one-year imprisonment in county jail and/or a fine of up to $10,000. Violations are also subject to civil enforcement actions including civil penalties of up to $5,000 per violation, injunctive relief and mandatory restitution.

The law applies to several products and necessities including: food and drink (including food and drink for animals); emergency supplies such as water, flashlights, radios, batteries, candles, blankets, soaps, diapers, toiletries; and building materials, medical supplies such as prescription and nonprescription medications, bandages, gauze, isopropyl alcohol, and antibacterial products.

It is also a misdemeanor for a hotel or motel to increase regular rates by more than 10 percent during a declared emergency and for the 30 days following the state of emergency.

Anyone should be extremely cautious if approached by aggressive agents, adjusters or contractors after a disaster. Most businesses are honest and have good intentions, but there are always bad actors waiting to take advantage of disaster victims.

Working as an unlicensed contractor during a state of emergency is a felony. Keep these tips in mind when selecting a contractor:

• Ask for proof of licensing such as a pocket license and a second photo ID.
• Always verify that the license number matches the contractor you are dealing with.
• Beware of scare tactics, odd calls or unsolicited contacts.
• Make sure the contractor carries workers’ compensation and liability insurance.

In the aftermath of natural disasters, debris-clearing scams often surface. Do not provide payment upfront and be sure to ask where the debris is being taken. Scammers often ask for money up-front and then disappear. Sometimes they dump debris on a neighbor’s property or park, which may cause you to be responsible for the costs and penalties.

Investigators from the District Attorney’s Office are assisting inspectors with the County Department of Environmental Health in checking properties that have been impacted by the Valley Fire for environmental hazards prior to residents returning to their property. [TWEET THIS]

The District Attorney’s Office has historically played a role in incidents of wildfires, including the San Diego County wildfires of 2003, 2007 and 2014. During those events, investigators from the District Attorney’s Office, the California Department of Insurance, the Contractors State License Board, and the Department of Motor Vehicles fanned out over fire-ravaged areas to warn homeowners to beware of would-be criminals who prey on victims of natural disasters. They posted signs warning unlicensed contractors that operating in a declared state of emergency area is a felony. Our investigators expect to do so again, once the fire is contained.

You can report suspected price gouging to the District Attorney’s Consumer Protection Unit at (619) 531-3507, the California Attorney General’s Office or to:

California Department of Insurance

10021 Willow Creek Road, #100

San Diego, CA 92131

Helpline 1-800-927-HELP (4357)

Contractors State License Board

9246 Lightwave Avenue, Suite 130

San Diego, CA 92123

www.clsb.ca.gov

1-800-321-2752

An Ohio man who pepper sprayed 11 San Diego Police Officers during a protest that turned violent downtown on August 28, was officially charged today with two felony counts of unlawful use of tear gas against a peace officer and 11 felony counts of use of force against a peace officer. If convicted of all the charges, the defendant faces a sentence ranging from probation with zero days in jail up to 11 years in local jail. The sentence would be determined by a judge if convicted.

Denzel Draughn, 28, pleaded not guilty to all counts during his arraignment today in San Diego Superior Court. Following his arrest, a judge set Draughn’s bail at $750,000. Today, the judge presiding over the arraignment hearing set the defendant’s bail at $150,000. The judge also ordered the defendant to surrender all weapons and not be in possession of weapons should he participate in future protest events.

During the hearing, which occurred using remote technology, the Deputy District Attorney representing the People stated the following facts on the record for the judge to consider when setting bail:

The incident began shortly after 6 p.m. on Friday, August 28 involving several groups of protesters comprised of about 25 to 30 people in each group. One group near 9th and E Streets was being followed by a driver/protester who failed to stop at red lights. Police stopped the driver to cite her, angering the protesters. A team of San Diego police officers on bikes was called in to shield the officers. Protesters push on the bikes, chanting “Fists up, fight back!” Police order the crowd to back up, but the protestors ignored the order.

One officer warned the crowd to back up and displayed his pepper spray. One of the protesters struck the officer’s hand trying to knock the spray out of it and the officer discharged the pepper spray. That protestor then fought with police as they tried to arrest him.

During the chaotic struggle to get the protester into custody, one of the peace officer’s pepper spray canisters fell out of her holster and tumbled near Denzel Draughn. Draughn picked up the can and sprayed police in a long, several second burst that hit some officers in the face, who were not protected by helmets.

Using a megaphone, the defendant yelled, “Fuck the police,” and then sprayed the line of peace officers a second time with another long burst. In total, 11 officers were hit with the pepper spray, including one officer who was blinded for about 40 minutes. Other officers were burned and disabled by the spray.

In open court today, the Deputy District Attorney played a video showing Denzel Draughn deploying the pepper spray on officers from two different angles.

The defendant fled but was later located and arrested, at which time five knives (daggers) and one hunting knife were located in his vehicle.

It was also put on the record in court that the defendant has a recent criminal history that includes resisting arrest, fighting with police and failing to appear for a court hearing. At present, there is an active warrant for the defendant’s arrest from December 2019 for failure to appear in court in Zanesville, Ohio. The defendant was convicted in Ohio in November of 2019 for resisting arrest when he fought with police as they were trying to take him into custody for another previous arrest warrant.

He was also convicted last year of possession of drug paraphernalia as well as a conviction for the illegal conveyance of drugs in a government facility in 2017.

Today, the judge set future court dates for a readiness hearing on October 8 and a preliminary hearing on October 20.

Recently, the San Diego County District Attorney’s Office also filed criminal charges against 20 individuals for crimes including vandalism, looting and child endangerment in connection with the protests that turned violent and devolved into looting and rioting in La Mesa on Memorial Day weekend.

District Attorney Summer Stephan today released the following statement:

Peaceful protest is a time-honored tradition in our country, and now more than ever it’s critical that we protect an individual’s important First Amendment right. The majority of those protesting in our County are doing so peacefully. But when protests turn violent, it is an insult to the rightful expressions of peaceful protesters, and we must act to protect the community.

Protesting is an inalienable right recognized by the U.S. Constitution. Rioting, burning down businesses and assaulting peace officers are crimes that will be prosecuted.

As District Attorney, I will continue to fulfill my duty and responsibility to prosecute those who choose violence, looting or lawlessness to harm our community. I join community leaders in calling for unity and peace, not violence and chaos, while we work together to build racial equity and destroy hate.

The San Diego County District Attorney’s Office announced today that it is kicking off the third and final phase of an extended opioid awareness outreach campaign. The San Diego Opioid Project is designed to educate and change behavior and ultimately reduce opioid overdose deaths in the County. The launch comes just one week after law enforcement officials warned the public about an alarming spike in fentanyl-related overdose deaths the first six months of this year.

This latest phase of the San Diego Opioid Project focuses on laced substances and warns people who might take illegal opioids they obtain from a friend or a drug dealer that they may be laced with deadly substances such as fentanyl. [TWEET THIS]

You can watch the flagship video in English or in Spanish.

In 2019, there were 152 fentanyl-related overdose deaths in San Diego County. But in the first six months of this year, there are likely already 203 fentanyl-related deaths, of which 119 have been confirmed and another 84 are pending confirmation.

“This latest phase of the campaign couldn’t come at a more important time, given the disturbing uptick in overdoses we’re seeing,” said San Diego County District Attorney Summer Stephan. “We’ve seen a good response to the first phase of this outreach and our hope is that this latest push comes at a time when we’re not just educating the public but saving lives.”

The District Attorney’s office and San Diego County Health and Human Services Agency partnered on the campaign. The San Diego County Board of Supervisors voted unanimously to support the innovative outreach. The DA worked with the San Diego-based Rescue Agency, which has a national track record of success when it comes to changing behavior in various areas of public health.

The first phase of the San Diego Opioid Project addressed the misconception that people think they can abuse prescription opioids ‘safely.’ It educated people that opioids affect your brain exactly like heroin does. It also addresses the misconception that opioids help people heal from injuries.

The second phase of the campaign focused on how quickly people can overdose while others around them may not even notice.

The San Diego Opioid Project is rolling out primarily online, with social media and digital ads that are specifically targeted to people at risk of becoming addicted.

The ads and posts all drive people to a website: SanDiegoOpioidProject.org. Some ads are in Spanish and there’s a Spanish-language version of the website.

Prescription opioids are to blame for more than 2,200 accidental overdose deaths in San Diego County over the last 10-years. In 2018, 210 people died from accidental overdose caused by one or more prescription opioids, alone or combined with other drugs or alcohol. [TWEET THIS]

Law enforcement officials from across the county are warning the public about a sharp increase in overdose deaths connected to the highly potent and often deadly drug, fentanyl. [TWEET THIS]

In 2019, there were 152 fentanyl-related overdose deaths in San Diego County. But in the first six months of this year, there are likely already 203 fentanyl-related deaths, of which 119 have been confirmed and another 84 are pending confirmation. This year’s deaths have occurred in all areas of the county. Victims ranged in age from 17 to 66-years-old, with the average age being 37.

The joint warning about fentanyl-laced drugs comes from the San Diego County District Attorney, U.S. Attorney, Drug Enforcement Administration (DEA), San Diego County Sheriff’s Department, San Diego Police Department, San Diego County Health and Human Services (HHSA) and San Diego County Medical Examiner.

“This alarming uptick demonstrates that dealers continue cutting various illegal drugs with fentanyl and now more than ever it’s a recipe for death,” said District Attorney Summer Stephan. “The public needs to be aware of the danger of using any controlled substance even if packaged like a harmless medicinal pill. Higher overdose numbers tell us there’s likely more product on the street in San Diego that may be laced with deadly fentanyl. I’m urging you to share this potentially life-saving message with your loved ones today.” [TWEET THIS]

“While buyers may think they’re getting cocaine, oxy or Xanax, in reality they’re playing a high stakes game of Russian roulette,” said United States Attorney Robert Brewer. “When it comes to fentanyl, there’s no truth in advertising and you can forget about quality control. Hundreds of unknowing buyers end up ingesting a deadly dose of fentanyl, which has left scores of grieving San Diego families in its wake this year.”

Dr. Luke Bergmann, the Director of Behavioral Health for the San Diego County Health and Human Services agency warned that amid the COVID-19 pandemic, people may turn to substance abuse to deal with stress.

“It is critical in this time of mental health vulnerability and social isolation, with pervasive high rates of anxiety and depression, that people with substance use disorder are aware of the heightened risks of fentanyl and that they get access to harm reduction and care services for addiction,” Dr. Bergmann said. “With physical-distancing requirements in place, local treatment providers have expanded their tele-health capacities. Anyone can get immediate and long-term help over the phone or in person.” [TWEET THIS]

The District Attorney and U.S. Attorney are prosecuting several cases involving people who have overdosed on fentanyl this year. These cases are investigated by a DEA-led task force, the Sheriff’s Department and other local law enforcement agencies.

• In January, a 28-year-old smoked a powdery substance given to him by a friend. His mother found him unresponsive in the living room of her home. He was pronounced dead from a fentanyl overdose.
• In February, a 20-year-old suffering from anxiety, consumed a counterfeit oxycodone pill before going to bed. His roommates found him dead in the morning from a fentanyl overdose.
• In May, a 19-year-old purchased two Percocets from a friend. He consumed both pills and subsequently died from an overdose. He had fentanyl in his system at the time of his death.

“The health and safety of our community is a top priority for DEA, which is why we have an entire DEA-led task force team dedicated to investigating the sources of the drugs causing these deaths,” said DEA Special Agent in Charge John W. Callery. “However, DEA’s main goal is stopping deadly drugs from making it to the streets of San Diego. Since January, law enforcement agencies in San Diego have seized over 12,000 kilograms of fentanyl and methamphetamine, likely preventing additional deaths in our community. Also, if it weren’t for the outstanding work of our first responders in saving lives of those who have overdosed, the number of deaths in San Diego would be much higher. The DEA wants to remind the public that medications not obtained from legitimate pharmacists and illicit drugs like methamphetamine, can be laced with fentanyl and could result in your death.”

Counterfeit pills account for a majority of the overdose deaths the San Diego County Medical Examiner sees.

“Deaths specifically from fentanyl or fentanyl in combination with other drugs in San Diego County are have been increasing for years, almost exponentially really, since 2016,” said San Diego County Medical Examiner Dr. Glenn Wagner. “So far this year, pending confirmation, we will have seen more than 200 fentanyl overdose deaths, whereas by this same time last year we had only seen 84. Years ago when we saw a death from fentanyl toxicity, it was usually someone misusing an excess of their legally prescribed medicine; but today almost all of the fentanyl deaths that we see result from people that have taken counterfeit pills sold illegally as oxycodone or alprazolam (but containing fentanyl instead of the other drugs). These pills are deadly and even just part of one pill kills.”

Fentanyl, a synthetic opioid, is 50 to 100 times more potent than morphine, and up to 50 times more potent than heroin. Even tiny doses, as little as two milligrams, the size of two grains of salt, is a fatal dose for most people. [TWEET THIS]

Treating fentanyl overdoses often requires additional naloxone to reverse the effects of the drugNaloxone is a medication that temporarily blocks the toxic effects of opioids, or “reverses” an opioid overdose. More doses of naloxone are sometimes needed to reverse fentanyl overdoses, compared to other opioid overdoses, due to the potency of fentanyl.

“The San Diego County Sheriff’s Department continues its commitment to fighting the opioid epidemic in the region,” said Sheriff Bill Gore. “Sheriff’s detectives, task force members and patrol deputies regularly encounter and seize fentanyl and fentanyl-laced illicit drugs. The potency of fentanyl is so extreme, deputies and evidence specialists must take unique precautions to prevent deadly exposure. We continue to commit resources toward the investigation and arrests of offenders who manufacture, traffic and distribute this deadly narcotic.”

First responders in the San Diego Police Department see the tragic effects of fentanyl too often.

“The far-reaching devastation of fentanyl is measured in human lives and affects everyone from the tragically addicted to the first-time user,” said San Diego Police Chief David Nisleit. “Our first responders are also forced to bear witness to the lives stolen and mourning families left in its wake of destruction. As if this were not enough, there are also the dangers of secondary exposure to fentanyl due to its lethal potency, which can easily contaminate persons, vehicles and even entire homes. The San Diego Police Department’s commitment to the value of human life does not stop at physical safety, but rightfully extends to the hope that everyone has the opportunity to thrive. The threat fentanyl brings against both these goals cannot be overstated.”

Anyone who needs help with drug addiction can call the San Diego County Access and Crisis Line 888-724-7240 or 2-1-1 San Diego. Both resources are available 24/7. [TWEET THIS]

[EN ESPAÑOL]

A bill sponsored by the San Diego County District Attorney’s Office establishing an amnesty clause to encourage victims and witnesses of sexual assault to testify in court once again received bipartisan support this morning and passed on consent out of the Senate Public Safety Committee. The bill is authored by Assemblymember Tasha Boerner Horvath. [TWEET THIS]

AB 1927 would provide immunity for victims and witnesses of sexual assault from the consequences of illegal alcohol or drug use occurring at the time of their alleged assault. Higher education institutions nationwide, including the University of California, have already implemented such amnesty clauses on their campuses. Under current law, victims must go through a process that requires them to be compelled to testify in court before it can be granted. This process unnecessarily increases trauma to the victim by requiring them to appear in front of a judge for offenses unrelated to the sexual assault.

“The last thing we want is for the criminal justice system to re-victimize people who bravely come forward to report crimes,” said San Diego County District Attorney Summer Stephan, the bill’s sponsor. “We can’t continue to have a system which treats victims like criminals for using the very same drugs or alcohol which often are fueling their abusers’ crimes.”

According to the Federal Bureau of Investigation (FBI) 2018 Uniform Crime Reporting, California had more than 15,000 reported forcible rapes – the highest number in the United States. The Bureau of Justice Statistics reports that this problem is particularly prevalent among college-age students – approximately 80 percent of sexual assaults against college students, and 67 percent of non-students, go unreported.

“We all know too well that sexual assault is the most underreported violent crime in America,” said Assemblymember Boerner Horvath. “Many victims and survivors do not come forward for fear of retaliation, even fear of being blamed for the assault. This bill will empower them to report the abuse without fear of prosecution. Today’s vote brings us closer to extending the same amnesty already provided on college campuses to sexual assault victims and witnesses throughout California.”

AB 1927 will be heard next on the floor of the Senate.  [TWEET THIS]