Officials Warn About Increased Fentanyl Overdose Deaths

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

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

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

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

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

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

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

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

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

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

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

Judge Orders a Million Dollars in Restitution in Navy Fraud Case

San Diego District Attorney Summer Stephan and California Attorney General Rob Bonta announced that Paul Flanagan was sentenced today to 357 days of house arrest and ordered to pay $500,000 in restitution for defrauding thousands of U.S. Navy sailors in San Diego County through a tax and insurance scheme. Another defendant, Ranjit Kalsi, was previously sentenced and ordered to pay $500,000 in restitution. The scheme, perpetrated through a company called Go Navy Tax Services, sold expensive and unnecessary insurance products to service members at a substantial commission for the defendants. [TWEET THIS]

“Our military service members and their families contribute so much to our nation – yet there are people without honor who want to cheat our American heroes. We hope that today’s announcement helps right the wrongs that were committed by the malicious scammers of Go Navy Tax,” said Attorney General Bonta. “The California Department of Justice will continue to investigate and prosecute schemes that hurt our men and women in uniform. We protect our military families as we applaud them for protecting our country.”

“The victims of this scam were Navy sailors serving our country and were tricked into signing up for something they didn’t need and couldn’t afford,” said San Diego County District Attorney Summer Stephan. “Working with our law enforcement partners, we were able to shut down the scam, prosecute the offenders, and put money back into the pockets of our hard-working military members. It is particularly satisfying to see these sailors receiving restitution payments, some in the thousands of dollars, to make a positive difference in their lives.”

“Scamming young men and women serving our country to sign up for insurance they didn’t ask for epitomizes the fraud and abuse against vulnerable people we are here to stop,” said Insurance Commissioner Ricardo Lara. “Our insurance investigators are proud to help our sailors receive restitution and put this illegal operation out of commission.”

“The Navy welcomes the outcome of this fraud case and applauds the civilian-military teamwork which led to it,” said Navy Region Southwest spokesman Brian O’Rourke. “Restitution is a positive and fitting result, one which will be appreciated by sailors who have been victimized. Financial predators are sadly a reality for many junior military men and women and their families, even in areas as traditionally supportive to the troops as San Diego. Service members who suspect they may be the victims of fraud are encouraged to contact their local military legal assistance office.”

Defendant Flanagan was sentenced after pleading guilty to one felony count of conspiracy to commit insurance twisting, or making misrepresentations to consumers to induce them to take out insurance policies. Defendant Kalsi previously pleaded guilty to one count of identity theft, a felony, and was sentenced on February 10, 2021, to serve 358 days in custody and pay $500,000 in restitution.  A third defendant, Gregory Martin, pleaded guilty to one count of grand theft, a misdemeanor, on December 7, 2020, and received credit for 517 days served in custody.

The defendants operated Go Navy Tax Services out of a trailer located just outside of the front gate of Naval Base San Diego that advertised free income tax preparation services for military members. The trailer was adorned with military flags intended to deceive service members into thinking the business was affiliated with the U.S. military. The defendants lured service members into the trailer under the pretext of free tax preparation services. The defendants then persuaded service members to purchase retirement accounts, but rather than opening those accounts, the defendants used those service members’ personal information to open unnecessary life insurance policies without their knowledge or consent. The defendants earned over $2 million in commissions related to sales of nearly 5,000 applications for life insurance policies and annuity contracts.

Today’s sentence was the result of a joint effort by the California Department of Justice, San Diego District Attorney’s Office, California Department of Insurance, Office of the Inspector General-Navy Region Southwest, and Naval Criminal Investigative Service. The investigation also received critical support from Naval Base San Diego and the Navy Region Legal Service Office Southwest Legal Assistance Department. This case falls under the Life and Annuity Consumer Protection Program, in which the San Diego District Attorney’s Office receives funding from the Department of Insurance to prosecute cases involving life and annuity financial crimes.

If you believe you or someone you know has been the victim of fraud, you can report it here: https://oag.ca.gov/consumers.

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WARNING: Beware of Phony Vaccine Cards

The District Attorney’s Office is warning the public about reports of advertisements on social media sites, such as Instagram, offering fake vaccination cards. This is a crime and anyone dealing in phony vaccination cards can be prosecuted with forging a seal or false personation of an official.

Vaccine record cards are intended to provide recipients of the COVID-19 vaccine with information about the type of vaccine they received, whether and when they need a second dose, and to provide to their primary health physicians to maintain accurate records. COVID-19 vaccine cards contain official U.S. government seals and unauthorized duplication of these seals is illegal in California, as well as a violation of federal criminal law.

In addition to putting yourself and others around you at risk of contracting COVID-19, you may be prosecuted for fraud. If you did receive the vaccine, do not post photos of your vaccine card to social media websites; your personal information could be stolen to commit fraud.

To report suspicious activity involving fake vaccination record cards, please contact the appropriate government agency in your state or jurisdiction, HHS-OIG (1-800-HHS-TIPS or www.oig.hhs.gov); or the Internet Crime Complaint Center (www.ic3.gov).

All Rape Kits Tested, New Sexual Assault Case Filed

San Diego County District Attorney Summer Stephan announced today that all 2,030 untested sexual assault kits (SAKs) from 12 police agencies across the county have been tested after being sent to an independent lab. It is yet another significant milestone in this three-year project.

The DA also said testing has resulted in a new criminal case being filed against a defendant accused of sexually assaulting a 13-year-old girl in 2014. Larry Gene Rivers, 57, is charged with two felony counts of a lewd act upon a child and faces up to 21 years in prison if convicted. DNA evidence from a sexual assault kit that was part of the DA’s testing project led to the charges. Rivers was arraigned on April 16 and has a preliminary hearing scheduled for August 24. [TWEET THIS]

“With the filing of a criminal case as a result of our testing project, it’s proof that these sexual assault kits contain powerful evidence that can speak on behalf of victims and help us pursue justice on their behalf years later,” said District Attorney Summer Stephan. “There is a lot of work that goes on behind the scenes to investigate the results we’re getting from the CODIS uploads. Behind this monumental milestone of testing 2,030 sexual assault kits is an elite DA team of prosecutors, investigators, paralegals and victim advocates who worked tirelessly to bring dignity and determination to each case. We will continue to prioritize the testing of sexual assault kits and to invest in following up and investigating any hits to determine if a case built on proof beyond a reasonable doubt can be filed.”

Results have come back from all the kits that were sent for testing and indicate that 735 of the SAKs contained DNA other than the victim’s.  If the DNA profile developed meets the requirements of CODIS, that DNA is now in the process of being uploaded into the FBI’s national CODIS (Combined DNA Index System) database to determine if there is a potential offender match.

As of May 2021, DNA results from 485 Sexual Assault Kits have been uploaded into CODIS. The labs responsible for conducting the CODIS uploads for this project are Verdugo Lab in Glendale and the San Diego County Sheriff’s Department Crime Lab. Of the SAKs uploaded to CODIS so far, 167 are new offender hits, 125 of which are “Warm” hits, and 42 hits are “Cold” hits. A “Warm” hit is when the suspect was known to the victim or the victim knew the real name of the suspect and the suspect was identified. A “Cold” hit is when the suspect was not known to the victim, or the victim did not provide an actual real name or identification.

There have been 52 case-to-case hits (forensic hits), which is when a DNA profile from one case matches to a DNA profile from a different case, including both solved and unsolved cases. A case-to-case hit could lead to an investigation. 100 profiles hit in CODIS to an offender sample (conviction match) but are not considered a new offender hit. It is important to note that the number of CODIS hits will increase as more SAKs are uploaded into CODIS.

The DA’s Office is reviewing the results from the CODIS uploads which could lead to new investigations. About 36% of the SAKs tested by Bode Labs produced a DNA profile or partial DNA profile that belongs to a person who is not the victim. Any eligible DNA profiles are uploaded into the DNA database. The DA’s Office reviews the results of matches between the DNA evidence from SAKs and DNA profiles in the DNA database. Investigators use matches from the DNA database to re-examine the case to determine if it can be proven beyond a reasonable doubt with the new evidence.

Statistics related to the testing are updated monthly and can be found on the DA’s public website.

The announcement that the first part of this large scale county-wide public safety initiative has been completed clears the untested rape kits from the Sheriff’s Department, eight Police Departments and three University Police Departments. This initiative does not include rape kits from the San Diego Police Department, which also made the determination to send their Sexual Assault Kit inventory to the same outside laboratory for testing as is being used in the DA’s project.

Reducing the countywide backlog of untested sexual assault kits (SAKs) has been a priority for DA Summer Stephan since taking office and to fulfill that priority, she identified funding and retained Bode Cellmark Forensics of Lorton, Virginia, which has a track record of for excellence in DNA testing. To date, more than $1.7 million has been spent by the District Attorney’s Office on testing. Sheriff William Gore and the San Diego County Sheriff’s Department are key partners in the project, which received praise from victims’ rights groups like the Joyful Heart Foundation. [TWEET THIS]

Cultural Awareness App for Law Enforcement

San Diego County District Attorney Summer Stephan announced today that her office has created an app that provides key cultural knowledge about San Diego County’s various, diverse communities to help law enforcement officers respond respectfully during non-emergency situations. [TWEET THIS]

The Cultural Awareness Project (CAP App) was developed under the guidance of the DA’s Interfaith Advisory Board, which conducted focus groups with various community representatives to inform its content. The app provides information on cultural norms across 11 communities including African-American youth, Mexican/Mexican-American, Asian, Vietnamese, East African/Somali, East African/Somali Youth, Muslim, Samoan, Native American and more. For example, the app provides easy-to-read information on a group’s traditions and beliefs, greetings, what to expect when visiting households, and what the group’s historical experiences with law enforcement are.

“San Diego County is home to a variety of races, ethnicities, religions and cultural backgrounds,” DA Summer Stephan Said. “Building law enforcement’s understanding of our diverse communities helps to improve respectful and culturally competent communication. This new and innovative app has great promise to help advance trust between police and the communities they serve because it is a tool built by the community from the ground up. I want to thank the members of our DA Interfaith Advisory Board for devoting months of time gathering the pertinent information and making this app a reality.”

The San Diego Police Chiefs’ and Sheriff’s Association also embraced the app.

“Developing cultural competencies is an important part of modern policing,” Chief David Nisleit, said. “I want to thank all of the community groups for their collaboration on this project.”

The District Attorney’s Interfaith Advisory Board was formed over a decade ago as a way of maintaining an open dialogue between the DA’s Office and the various communities throughout San Diego County. Each month, leaders from a variety of religious organizations meet at the DA’s CARE Center where they voice community concerns and work on solution-oriented initiatives to address the needs they identify as public safety issues. The Board has and will continue to provide cultural insight to law enforcement officials in non-emergency situations.

“Whenever there’s a job to do, you must have the right tools to accomplish the job,” said Dr. Gerald L. Johnson, Chairman of United African American Ministerial Action Council and member of the DA’s Interfaith Advisory Board. “All jobs are important, especially those of our professionals who are sworn to public safety. We will witness the importance of the CAP App as the testimonies are documented from the community and professionals alike sharing the same tool.”

Members of the Interfaith Advisory Board worked on the CAP App since the idea was conceived.

“It’s very important to have our local law enforcement officers equipped with the accurate information on the communities they serve and protect,” said Imam Taha Hassane, Director of the Islamic Center of San Diego and a member of the DA’s Interfaith Advisory Board.

Each of the 11 communities has four categories of information, and each category provides culturally based knowledge to guide interactions with members of that community:

Traditions and Beliefs

Every community shares different cultural/ethnic/religious traditions or beliefs of which law enforcement needs to be aware of to have effective encounters.

Greetings

This category reflects the appropriate manner of greeting in different cultures, including demeanor, non-verbal, body space, handshake, bow, male-female interaction, etc.

Visiting Households

The information provided under this category helps officers identify who is considered the head of the household in each culture and who should be addressed or acknowledged first.

Experiences with Law Enforcement

This section includes shared views, perceptions and past experiences with law enforcement in different cultures that reflect certain behaviors upon contact with the officers.

The app is intended to help prepare law enforcement before encountering a member of the public from a different culture in a non-emergency situation. It is an easy and quick tool to navigate, before an interaction in the field, especially when conducting home visits. The app will also be helpful as a debriefing resource when an encounter has not gone well.

The CAP app is free and available and ready to download in the Apple and Android app stores under “Cultural Awareness Project.” The app does not have access to a user’s camera or contacts. [TWEET THIS]

Meet Investigative Specialist Arnel Alamo

In honor of Asian American and Pacific Islander Heritage Month, we are highlighting compelling stories from DA employees and what inspired them to pursue a career in public service.

Meet DA Investigative Specialist Arnel Alamo, who has been part of the District Attorney’s Bureau of Investigation (BOI) since 2006. He conducts low end investigations and serve criminal subpoenas throughout the County. He also performs a wide variety of investigative functions related to the DA’s Bureau of Investigations.

Why did you decide to work at the DA’s Office?

“When I was a college student pursuing my Criminal Justice degree, I interned at the Public Defender’s Office and the Chula Vista Police Department Crime Lab. My experience in my internship motivated me to pursue a career in public service. I have always enjoyed interacting with the public and working with our Criminal Justice System. Working for the District Attorney’s Office gave me the opportunity to do both.”

Why is AAPI Heritage Month important to you?

“With the current climate towards Asians, I think it is important to highlight and share – whether it’s through their voices, food, entertainment, or music – the contributions Asian Americans and Pacific Islanders have made towards US history. AAPI month celebrates our culture and heritage while reflecting on our families’ sacrifices for an opportunity for a brighter future for the next generation.”

Convicted Murderer Mark Rogowski Seeking Parole

San Diego County District Attorney Summer Stephan announced today that a parole hearing will occur tomorrow for Mark “Gator” Rogowski, 54, who was convicted of rape and murder in 1992. Rogowski is serving a sentence of 31 years-to-life for the murder of Jessica Bergsten.

Rogowski was a nationally known skateboard personality from Carlsbad who rose to prominence in the 1980s. On March 21, 1991, he raped and murdered 22-year old Jessica Bergsten and transported her body to a remote desert area, where her skeletal remains were found several weeks later.

The skater had previously been denied parole in 2011 and 2016 but was granted parole on his third try in December 2019, when a panel of parole hearing officers found that he was suitable for release. Governor Newsom disagreed and reversed the decision in April 2020. He is currently incarcerated at the Richard J. Donovan Correctional Facility in San Diego, where the hearing will be held.

“The family and friends of Jessica Bergsten deserve the continued promise of justice in this case,” DA Summer Stephan said. “Our office has a responsibility to argue strongly against releasing this violent defendant. We handle hundreds of parole hearings each year, doing our best when it’s appropriate to make sure dangerous criminals are not released and crime victims are given a voice.”

At the time of the murder, Rogowski’s girlfriend had broken up with him. In addition, skateboarding was changing from ramps to the street. Rogowski did not think he could do well on street skating and saw his lucrative career coming to an end. He was also upset over his relationship with Bergsten coming to an end. Rogowski hit Bergsten on the head with The Club (a steering wheel locking device), raped her and suffocated her in a surfboard bag. He confessed to the crime several weeks later.

Deputy District Attorney John Cross will appear on behalf of the People at tomorrow’s hearing to argue that Rogowski remains an unreasonable risk of danger to society. One of the victim’s family members will also attend the hearing and is expected to provide a victim impact statement regarding the effects of the crime upon their family and the unsuitability of the inmate for parole.

The hearing will take place tomorrow, May 27 at 10:30 a.m. in a closed session that is not accessible to the public.

Meet DDA Helen Kim

In honor of Asian American and Pacific Islander Heritage Month, we are highlighting compelling stories from DA employees and what inspired them to pursue a career in public service.

Meet Deputy District Attorney Helen Kim, who is currently assigned to the felony unit in the North County branch.

Why did you decide to work at the DA’s Office?

“My family had lost our small business during the 1992 riots.  My parents did not know the language or the law, and as a young child, I witnessed my parents stand helplessly on the sidelines as their hopes and dreams were destroyed.  I realized this was a familiar story to many immigrant families.  I vowed to fight for victims who felt invisible and voiceless.  As a deputy district attorney, not only can I directly help those who have been victimized in a specific incident, but also indirectly protect future victims through legislation and case law.”

Why is AAPI Month important to you?

“AAPI month is important to me as it celebrates and honors AAPI who have contributed to the enrichment and progress of this country with sweat, tears, and sacrifice.  Racism against AAPI is not new, but with the recent rise of violence against Asian Americans, AAPI month is especially important to educate against stereotypes, promote diversity, and bring communities together.”

Workplace Justice Unit wins Achievement Award

San Diego County District Attorney Summer Stephan announced today that her office has been recognized with an Achievement Award for its new Workplace Justice Unit, from the National Association of Counties (NACo). The awards honor innovative, effective county government programs that strengthen services for residents. [TWEET THIS]

In February, the District Attorney’s Office launched its Workplace Justice Unit, which is dedicated to protecting workers’ rights, prosecuting criminal wage theft cases and stopping labor trafficking. In launching the unit, DA Stephan took into consideration community response and hosted a workplace justice panel in partnership with San Diego County Supervisor Nathan Fletcher, to identify ways to better-protect workers across the county, many of whom come from minority and disadvantaged communities.

“We accept this national award on behalf of all workers and those who advocate on their behalf. We appreciate the advocates who have trusted our DA Workplace Justice team with the labor abuses committed on workers,” DA Summer Stephan said. “Wage theft and labor trafficking are serious problems that we are working to contain in partnership with the community. We’re not going to allow workers in San Diego County to be exploited by greedy employers who break the law to line their own pockets and this award confirms we are on the right track.”

The DA’s new Workplace Justice Unit is comprised of a dedicated prosecutor, DA investigator and paralegal. The Unit prosecutes unfair business practices, wage and hour violations, payroll tax evasion, wage theft and labor trafficking cases. As part of the formation of the Unit, the DA’s Insurance Fraud Division was re-named the Insurance Fraud and Workplace Justice Division.

To more effectively protect workers and seek equitable workplace justice, the DA’s Office is educating the public on worker rights through a wallet or palm card in English and Spanish and has created a public web page where anyone can obtain information about workplace justice and where victims of workplace crimes can report directly to the District Attorney’s Office. In addition, workers can also email or call the workplace justice hotline to make a report or report claims directly on the DA’s website.

Workplace Justice Wallet Card

Workplace Justice Wallet Card

NACo President Gary Moore said, “Over the past year, county officials and frontline employees have demonstrated bold, inspirational leadership. This year’s Achievement Award winning programs illustrate the innovative ways counties build healthy, safe and vibrant communities across America.”

Nationally, awards are given in 18 different categories that reflect the vast, comprehensive services counties provide. The categories include children and youth, criminal justice and public safety, county administration, information technology, health, civic engagement and many more.

Started in 1970, NACo’s annual Achievement Awards program is designed to recognize county government innovations. Each nominee is judged on its own merits and not against other applications received. [TWEET THIS]

Meet Staff Development Coordinator Kevin Chheng

In honor of Asian American and Pacific Islander Heritage Month, we are highlighting compelling stories from DA employees and what inspired them to pursue a career in public service.
Meet Kevin Chheng, who works in the Human Resources Department of the District Attorney’s Office as a Staff Development Coordinator. In his role, Kevin administers and maintains the DA’s internal personnel database, he assists with personnel and administrative support services, payroll and he also coordinates student worker recruitment.
Why did you decide to work at the DA’s Office?
“The main reasons I wanted to work here is because our commitment to the community and being a part of an organization that not only serves and protects, but also values giving back to others is really important to me. This is a place committed to giving back to the community and where I know I can make an impact. There is a positive culture that always puts people first and creates an environment where I continue to be challenged and I am able to grow personally and professionally.”
Why is AAPI Month important to you?
“AAPI month is important because it celebrates our diversity and immigration rights in America. It also acknowledges the positive impact that Asian Americans have had here in United States. My cultural background plays a major part in my lifestyle, values, and beliefs. Asian American and Pacific Islander (AAPI) month is important to me because it’s an opportunity to celebrate my cultural heritage, as well as a time to educate each other. Taking the time to learn about different cultures can help us all understand and respect each other, especially during this time of fear and confusion. It can really be an eye-opener on how diverse the world is!”