ed Bath & Beyond to Pay $1.49 Million for Environmental Violations

Bed Bath & Beyond to Pay $1.49 Million for Environmental Violations

District Attorney Summer Stephan, along with 30 other California District Attorneys and the Los Angeles City Attorney, announced today that a Ventura County Superior Court Judge has ordered New Jersey-based Bed Bath & Beyond, Inc. (“Bed Bath & Beyond”) to pay $1,498,750 as part of a settlement of a civil environmental prosecution.

The judgment is the culmination of a civil enforcement lawsuit filed last month in Ventura County Superior Court claiming that more than 200 Bed Bath & Beyond stores throughout the state (including Cost Plus, buybuy BABY, Harmon, Harmon Face Values, World Market, and Cost Plus World Market stores) unlawfully handled, transported and disposed of batteries, electronic devices, ignitable liquids, aerosol products, cleaning agents, and other flammable, reactive, toxic, and corrosive materials, at local landfills that were not permitted to receive those wastes.

“This judgment once again reveals how some companies doing business in California continue to ignore laws put in place to protect the environment and our community’s health and safety,” DA Summer Stephan said. “Our Environmental Protection Unit continues to work with our colleagues up and down the state to hold corporations accountable.”

The investigation was initiated by the Ventura County District Attorney’s Office after a fire broke out on December 24, 2015 at the City of Oxnard’s Del Norte Transfer Facility in a load of store waste from the trash compactor of the Oxnard Bed Bath and Beyond store. The bagged store waste burst into flames when a city employee used a front-end loader to spread the freshly dumped trash pile. Investigation recovered numerous items of regulated waste, including several electronic items and hazardous waste, including lithium batteries and a small can of lighter fluid.

About four months later, on April 14, 2016, the Oxnard Fire Department responded to a fire emergency in the trash compactor attached to the rear of the Oxnard Bed Bath & Beyond store. After that fire was extinguished, the District Attorney’s Environmental Specialist inspected the waste and again discovered numerous items of regulated waste, including batteries, broken compact fluorescent bulbs and various discarded electronic devices.

Following these events, the San Diego District Attorney’s Office joined Ventura County and 30 other prosecutorial agencies and environmental regulatory officials in conducting a series of undercover inspections of Bed Bath & Beyond store waste across the state. These inspections, and other investigation, revealed that Bed Bath & Beyond had been sending regulated hazardous wastes from stores to local landfills throughout California, including our local landfills in San Diego County. The waste included hazardous and flammable liquids, electronics and batteries. Bed Bath & Beyond operates 17 stores in San Diego County.

When notified of the investigation, Bed Bath and Beyond took steps to cooperate and to dedicate additional resources towards environmental compliance and improving its existing regulated-waste management program, including by performing regular self-audits of its compactors and waste bins in California.

Under the final judgment, Bed Bath & Beyond must pay $1,327,500 in civil penalties and as reimbursement of investigation and prosecution costs, of which $94,800 will be paid to the San Diego County District Attorney’s Office, and $18,500 to the San Diego County Environmental Health Division. The company will pay an additional $171,250 to fund supplemental environmental projects furthering environmental enforcement in California. The retailer will also be bound under the terms of a permanent injunction prohibiting similar future violations of law.

Insurance Companies Nearly $900k Sentenced

Dentist Who Bilked Insurance Companies Nearly $900k Sentenced

San Diego County District Attorney Summer Stephan announced today that a Mira Mesa dentist, who fraudulently billed multiple insurance companies $866,700 claiming she performed 800 root canals on 100 patients, some of whom never stepped foot in her dental office, was sentenced to six years in prison after pleading guilty to three counts of insurance fraud earlier this year. April Rose Ambrosio, 59, who does not have specialized training as an endodontist to perform root canals, received more than $400,000 from ten insurance companies after billing them nearly $900,000, according to the San Diego County District Attorney. She has been ordered to pay restitution in the amount of $405,633.

Ambrosio, a general dentist, fraudulently billed 10 insurance companies $866,700 from 2014 to 2018 for 800 root canals which were never done. Her deception involved billing for work on days her office was closed, or she was noted as being on vacation, and, in one case, billing for more than 100 root canals over a three-month period for a family of four. In some instances, Ambrosio billed for root canals on non-existent or missing teeth, or she double billed for teeth she previously claimed to have performed root canals on.

“The way this defendant bilked the system is astounding,” DA Stephan said. “Unfortunately, when insurance companies get ripped off, consumers ultimately pay the price through higher premiums.”

The Department of Insurance spent two years investigating this case and worked closely with the District Attorney’s Insurance Fraud Division to bring Ambrosio to justice. Investigators say she was running the billing scam for four years.

Ambrosio never billed the patients for their portion of phony dental work which she billed to the insurance companies. In addition, Ambrosio’s license to practice dentistry has been suspended since September 24, 2019.

Insurance fraud in the U.S. costs consumers about $80 to $90 billion per year. In California, it is a $15 billion-a-year problem. Insurance fraud is the second-largest economic crime in America, exceeded only by tax evasion. The District Attorney’s Insurance Fraud Division is dedicated to preventing all forms of insurance through outreach efforts, investigation and prosecution. This team handles workers’ compensation fraud, disability insurance fraud, health care insurance fraud, auto insurance fraud and life insurance and annuity product financial abuse.

Civil Penalties for Nitrous Oxide Distributor

Civil Penalties for Nitrous Oxide Distributor

San Diego County District Attorney Summer Stephan announced today a $50,000 civil judgment against nitrous oxide distributor United Brands Products Design, Development and Marketing, Inc. (United Brands) of South San Francisco. The consumer protection civil action was brought by the San Diego County District Attorney’s Office and the San Mateo County District Attorney’s Office. The case was investigated by the U.S. Department of Homeland Security Investigations. [TWEET THIS]

United Brands does business under the brand name Whip-It! The civil complaint alleges that it engaged in unlawful business practices by selling nitrous oxide cartridges through its on-line retail store without verifying the purchaser was not a minor or providing any of the California mandated health and safety warnings.

Nitrous oxide is considered a dangerous and hazardous oxidizing gas and is a central nervous system depressant when inhaled. Beyond feelings of euphoria, nitrous oxide inhalation may cause drowsiness and dizziness and suffocation. The recreational use of nitrous oxide has been regulated in California since 2015 by Penal Code section 381e. The non-medical, recreational use of nitrous oxide has been known over the years by different slang terms including hippie crack, NOS, NOX and Whip-its (the defendant’s brand name).

“The DA’s Consumer Protection Unit safeguards the health of all of us in San Diego County, and this specific case goes further, protecting kids who might be tempted to use this dangerous gas to get a cheap high,” DA Stephan said. “The judgment will ensure this company isn’t selling to children and should alert parents who might not be familiar with the recreational use of nitrous oxide.”

Homeland Security Investigations initiated an investigation into the unlawful sale and distribution of nitrous oxide in 2018 in San Diego County. During the investigation United Brands was identified as one of the distributors of nitrous oxide to smoke shops in San Diego County. Further online investigation revealed that the age of the purchaser was never determined prior to purchase, the legal age in California to purchase nitrous oxide is 18-years old because of the potential abuse of the gas. [TWEET THIS]

“Nitrous oxide is a dangerous inhalant when used for recreational purposes, and we want to ensure the parents and the general public are aware that its abuse can be dangerous and potentially life-threatening,” said Cardell T. Morant, Special Agent in Charge of Homeland Security Investigations (HSI). “Today’s judgement demonstrates the commitment of HSI, the District Attorney’s office, and our law enforcement partners to investigating and prosecuting companies that put their own profits above the health and safety of our communities.” [TWEET THIS]

The following mandated health and safety warnings were also not provided to consumers by United Brands:

  1. That inhalation of nitrous oxide outside of a clinical setting may have dangerous health effects;
  2. That it is a violation of state law to possess nitrous oxide or any substance containing nitrous oxide, with the intent to breathe, inhale, or ingest it for the purpose of intoxication;
  3. That it is a violation of state law to knowingly distribute or dispense nitrous oxide or any substance containing nitrous oxide, to a person who intends to breathe, inhale, or ingest it for the purpose of intoxication.

The complaint was filed in the San Mateo County Superior Court. The stipulated judgment resolving the case was entered on October 19, 2020. The judgment requires United Brands to comply with the age verification and disclosure requirements and the payment of $50,000 in civil penalties. United Brands cooperated in the resolution of the case. [TWEET THIS]

DA TIP: Pay your Bills, Not Scammers

TIP: Pay your Bills, Not Scammers

Paying bills online is very common, but unfortunately, even something as mundane as paying a utility bill can become a rollercoaster ride now that scammers frequently pose as utility companies.

The scam involves a bad actor calling the victim and pretending to be the representative of a utility company and claiming to have encountered a problem with address information or payment method.

Using this excuse, the scammer asks the victim for sensitive information that allows the scammer to open a fraudulent bank or credit account using the victim’s information. Additionally, the scammer will often ask the victim to buy gift cards or to wire money directly to them in order to pay a “late fee” or “overdue balance.”

Professional scammers are very good at pretending to be legitimate companies and encountering a mistake on a bill is not out of the ordinary, so it’s easy to fall prey to this scam. Keep these tips in mind to avoid getting swindled.

  • If you suspect you received a phony utility company call, hang up and contact the company directly using publicly available phone numbers to verify they were trying to reach you.
  • Utility companies may not change your service unless they provide advanced notice. If a company is going to disconnect service, they will typically let you know at least a few weeks in advance in writing by mail or email. If you receive any phone call claiming an imminent and immediate shut-off of a service, it is a scam. Hang up and contact the company directly using publicly available phone numbers.
  • A utility company will never make you feel pressured. If you receive a call pressuring you to wire money or release sensitive personal information, then it is a scam call. Hang up and contact your utility company directly.
  • Some scammers have gone as far as to mail customers fake checks claiming to provide a refund for an overpayment on the account. This is a common scam and individuals should be on the lookout for such fake letters. If you receive one, contact your utility company directly and verify that your account has not been compromised.
  • A common tactic scammers use is asking victims to buy gift cards or wire money in order to pay an overdue balance. A utility company will never ask you to buy a gift card or wire money. Do not buy a gift card or wire money and immediately hang up on any caller asking you to do so.
  • Finally, don’t let yourself be fooled because a scammer calls from a number matching your utility company. Scammers use spoofing technology to display phone numbers that are different from their real numbers. Always verify any call yourself by hanging up and calling the company directly.

If you find yourself at the end of a utility scam, immediately call your utility company and financial institution in case your account is compromised. You can also contact your local non-emergency police line or report it to the Federal Trade Commission. These reports help the FTC and other law enforcement stop any future scams.

District Attorney Summer Stephan is committed to increasing communication and accessibility between the DA’s Office and the public. We hope these consumer and public safety tips have been helpful.

SDPD Officer Archie Buggs

Governor Stops Parole for Cop Killer After DA Urges Reversal

San Diego County District Attorney Summer Stephan announced today that Governor Gavin Newsom has reversed the Parole Board’s decision to grant parole to Jesus Cecena, 59, who killed San Diego police officer, Archie Buggs, in 1978. The Governor’s decision, on October 12, reverses the Parole Board’s grant which occurred in June. Cecena’s next parole hearing is in December 2021. [TWEET THIS]

DA Stephan urged Gov. Newsom to reverse the Parole Board’s decision in a letter, saying his parole would jeopardize public safety because Cecena minimized the true execution nature of his killing. Governor Jerry Brown previously reversed the Parole Board’s grants in 2014, 2016 and 2017. Governor Newsom previously reversed one grant of parole in 2019. This latest action marks the fifth Governor reversal.

Deputy DA, Richard Sachs represented the Buggs family in a parole hearing via Skype video, in which he described Cecena’s brutal and cold-hearted murder. District Attorney Investigators Anthony Pellegrino and Dave Collins also reinvestigated the gang motivation element of the murder which was an important factor for Governor Newsome. Cecena has been clinging to an implausible account that he murdered Officer Buggs to avoid getting in trouble with his father, but the Governor noted the real reason for the killing was to move up in his criminal street gang.

Officer Archie Buggs, 30, was shot four times after he stopped a car driven by Cecena, a gang member in the Skyline neighborhood who was 17 years-old-at the time. Cecena fired five times at Buggs, then paused, walked toward the fallen officer and fired a final bullet into his head at point blank range. The officer died on the street, his hand still on his service revolver.

“This defendant killed an on-duty police officer in cold blood and in spite of his claims to the contrary, he once again lacks honest insight and remorse into this heinous crime,” DA Stephan said. “We appreciate the Governor’s thoughtful analysis and ultimate decision to reverse parole and safeguard the public. Officer Buggs was one of the first African-American police officers in San Diego and he was a hero to his family, his law enforcement colleagues and to the entire San Diego community. We will continue to fight for justice on his behalf.”

Cecena was granted parole in 2014, 2015, 2017 and 2018 and each time the grant was reversed. Cecena’s parole also continues to be opposed by San Diego Police Chief David Nisleit and the San Diego Police Officers Association.

“Mr. Cecena still is unwilling to acknowledge the underlying or causative factors that are in evidence, specifically that he belonged to a gang where killing a peace officer was seen as an ultimate goal, that a more senior and respected gang member handed him a firearm so he could kill Officer Buggs, and that killing Officer Buggs was a way for Mr. Cecena to gain more respect and power within his gang,”  Gov. Newsom wrote in his decision. “Mr. Cecena has additional work to do in this area before he can be safely released.”

Cecena was convicted of murder and was sentenced to serve life in prison without the possibility of parole on August 22, 1979. Because Cecena was 17 at the time he killed Officer Buggs, his sentence was reduced to a seven years-to-life term in March of 1982. Cecena’s unstable social history continued during his incarceration; he received more than 10 violation reports for misconduct while in prison. [TWEET THIS]

Governor Signs DA-Sponsored Bills

Governor Signs DA-Sponsored Bills

Two bills sponsored by the San Diego County District Attorney’s Office that strengthen state laws in support of sexual assault victims and senior citizens have been signed into law by Governor Gavin Newsom. [TWEET THIS]

Each sponsored bill was drafted with input from experts in the San Diego County District Attorney’s Office and each piece of legislation closes loopholes for vulnerable victims.

“These bills ensure crime victims and consumers are protected and are not inadvertently re-victimized when they report crime,” District Attorney Summer Stephan said. “I’m proud that our office is leading innovations in balanced criminal justice reform that ensures dignity and fairness for victims of sexual assault and the elderly. Thank you to Governor Newsom for signing these important bills into law. I was proud to fight alongside Assemblywoman Tasha Boerner Horvath for this landmark legislation that empowers victims of sexual assault to report and safeguards their dignity in the process, so they don’t have to suffer in silence. This law increases the ability to hold sexual predators accountable by removing another barrier to victims reporting.”

The bills sponsored by the District Attorney’s Office include:

Assembly Bill 1927 (Tasha Boerner Horvath, D-Encinitas) provides sexual assault victims and witnesses with amnesty to encourage participation in a sexual assault prosecution. Current law makes it a crime to possess or use a controlled substance and for a minor to purchase and consume alcohol, which can create situations where sexual assault victims and witnesses choose not to come forward out of fear of prosecution in a separate trial.

Assembly Bill 2471 (Brian Maienschein, D-San Diego) extends the time for a senior citizens 65 or older, to cancel certain contracts from three business days to five. A longer timeframe allows elderly people more time to carefully review the contract and consult with others before moving forward with the financial commitment. [TWEET THIS]

Gavel over books.

Hate Crime Defendant Sentenced

San Diego County District Attorney Summer Stephan announced today that a 23-year-old man has been sentenced to one year in jail after pleading guilty to felony vandalism, a misdemeanor hate crime, and an unrelated felony assault charge. San Diego Superior Court Judge Harry Elias handed down the sentence, which was previously stipulated when the defendant, Steve Soto, pleaded guilty on August 28. [TWEET THIS]

During a Black Lives Matter protest in early June, Soto drove by an Oceanside café with a BLM and black-owned sign posted and shot out the front window of the business with a BB gun.

“We want the public to know that we will fight hate in all its forms,” DA Summer Stephan said. “Hate crimes impact the entire community and erode our right to equality and fairness.”

In 2019 and 2018, the District Attorney’s Office filed hate crime charges against 30 people. The number represents a continued increase from cases filed in previous years. Historically, race-based hate crimes make up between 50 and 60 % of all hate crimes in the County.

Earlier this year, the District Attorney’s Office set up a new online form and hotline where the public can report suspected hate crime they’ve witnessed in San Diego County. The tool is partly in response to reports of hate-related incidents aimed at the Asian community across the nation in the wake of the COVID-19 pandemic, as well as the arrest of a 66-year old man in San Diego, who physically attacked a man he perceived to be Chinese-American.

“We know that people often don’t report hate crimes because of fear or shame, and we wanted to provide a direct avenue to encourage victims or witnesses to hate crimes to report,” DA Stephan said. “People can and should continue to report hate crimes to their local police departments and Sheriff’s Department. This additional reporting mechanism will act as a safety net and help ensure reports are reviewed and shared by law enforcement.”

The online reporting form can be found on the District Attorney’s website here. The Hate Crimes Hotline number is 619-515-8805.

Anyone 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 it could escalate to criminal behavior. By law, a hate crime is a criminal act committed against an-other person that is motivated by prejudice against a person’s race, ethnicity, religion, gender, sexual orientation or disability. [TWEET THIS]

Amid Valley Fire, Spiking Prices or Contracting without a License is a Crime

Amid Valley Fire, Spiking Prices or Contracting without a License is a Crime

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

Rape Kit Testing Project Complete

Rape Kit Testing Project Complete

San Diego County District Attorney Summer Stephan announced today that all 2,030 untested sexual assault evidence kits from 12 police agencies across the county have been sent to an independent lab for testing, wrapping up a three-year project. Results have come back from 1,818 of the kits. The DNA results of eligible kits are 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. [TWEET THIS]

Reducing the countywide backlog of untested sexual assault kits (SAKs) has been a priority for DA Summer Stephan’s 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 excellence in DNA testing. To date, $1.6 million has been spent on testing. Sheriff Bill Gore and the San Diego County Sheriff’s Department are key partners in the project. The Sheriff’s Department has been instrumental in identifying, preparing and delivering the kits for testing.

“As a special victims prosecutor, I saw the devastation and long term physical and emotional trauma that victims of sexual assault and exploitation suffer,” District Attorney Summer Stephan said. “I vowed we would test every sexual assault kit and we did. As a part of bringing dignity to victims and accountability to perpetrators, rape kits must be tested. Even if just a few sexual assault cases are solved, it is worth it. We should not put a price on justice. Information in these sexual assault kits may contain powerful evidence that can speak on behalf of victims and prevent a future assault. In the meantime, I hope sexual predators out there get the message that we will use every available tool to stop them. I’m grateful to the Sheriff for his partnership and dedicating many of his resources to this project, along with the collaboration by the police chiefs that made this critical milestone possible.”

Statistics related to the testing can be found on the DA’s public website.

The DA’s Office is reviewing the results from the CODIS uploads which could lead to new investigations. About 36% of the SART kits tested 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 SART kits 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.

This large scale county-wide public safety initiative clears the historic 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 is conducting its own testing.

The Center for Community Solutions, which has a mission to end relationship and sexual violence, supported the DA’s initiative when it was first announced.

“It’s important to all of us to have the backlog of rape kits tested in cases where survivors have provided consent for the testing,” said Verna Griffin-Tabor, CEO and Executive Director of the Center for Community Solutions.

The Joyful Heart Foundation, which is working to have all rape kits tested in the U.S., has also strongly supported San Diego’s testing initiative and the County’s focus on delivering justice for victims.

“Behind every untested rape kit is a person—a sexual assault survivor—waiting for justice,” said Ilse Knecht, Director of Policy and Advocacy at the Joyful Heart Foundation. “We commend San Diego County for moving forward with testing of the last remaining backlogged rape kits. DNA evidence is a powerful law enforcement tool. When tested, rape kit evidence can identify unknown assailants, link crime scenes together, reveal serial offenders, and exonerate the wrongfully convicted. When those kits are left untested, survivors are deprived of a vital path to healing and justice, communities are left vulnerable, and violent perpetrators are allowed to roam the streets.”

Every 98 seconds, someone is sexually assaulted in the United States. It takes a tremendous amount of courage for survivors of sexual assaults to come forward. Victims in San Diego County can be assured that prosecutors and law enforcement are committed to helping them achieve justice while treating them with dignity and holding perpetrators accountable. [TWEET THIS]

Gavel over books.

Man Who Pepper Sprayed Police is Formally Charged

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.