DA Hosts First Virtual Crime Survivor Summit to Improve Victim Services

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

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

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

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

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

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

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

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

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

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

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

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

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

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

District Attorney and City Attorney Remind Voters of their Rights

San Diego County District Attorney Summer Stephan and San Diego City Attorney Mara W. Elliott today released a “know your rights” fact sheet outlining the laws that protect voters’ ability to safely and privately cast their ballots.

The prosecutors will share the fact sheet with the public digitally, in English and Spanish. It is designed to supplement and amplify the educational outreach already being done throughout San Diego County by the Registrar of Voters.

The City and the County are both part of the San Diego Law Enforcement Coordination Center, which is tasked with investigating any reports of improprieties or violations at the polls.

“As prosecutors, we’re constantly working to prevent crime and protect the public’s safety- including protecting the rights of every voter to safely vote in San Diego County,” said San Diego County District Attorney Summer Stephan. “We are working closely with law enforcement, the U.S. Attorney and the City Attorney to ensure a civil process during and after the election and we are calling on our community to report any suspicious or unlawful activity to law enforcement. Voters should be assured that we won’t tolerate violations of state law connected to voting or polling locations, including hate crimes.”

“Every voter should feel confident in the integrity of this election,” San Diego City Attorney Mara W. Elliott said. “District Attorney Stephan and I want to make sure that the public knows that laws and procedures to protect voting rights are in place. We want to ensure votes are cast safely and that all conduct at polling places is lawful. Those who violate the law will be held accountable.”

“The close coordination between the Registrar of Voters, the District Attorney, and the City Attorney’s Office is paramount to ensuring a safe voting environment for our San Diego County voters,” said County Registrar of Voters Michael Vu. “Our collective message to all eligible voters? Your right to vote freely in this, or any election, will be protected.”

District Attorney Stephan and City Attorney Elliott urge the public to:

  • Report unauthorized guns at or outside the polls by calling 9-1-1
  • Report any illegal or fraudulent election activity to an elections official or the Secretary of State’s Office, including vandalism at polling places and tampering with election equipment.

Important contacts:

  • Registrar of Voters: (858) 565-5800
  • San Diego Law Enforcement Coordination Center: 858-495-7200 or www.SD-LECC.org
  • Secretary of State Voter Hotline: (800) 345-VOTE (8683)

CLICK HERE TO DOWNLOAD AND PRINT THE KNOW YOUR RIGHTS FACT SHEET.

DA Joins Colleagues Across California to Support Victims of Domestic Violence

San Diego County District Attorney Summer Stephan joined the District Attorneys of Sacramento, Alameda and Ventura counties, and the United States Attorneys for the Eastern District of California, Central District of California, and Southern District of California to launch an online outreach campaign to help victims of domestic violence during the COVID-19 pandemic. The District Attorneys and U.S. Attorneys are joined by Childhelp, a national nonprofit organization aiding victims of child abuse.

The outreach campaign was created to combat unintended consequences of COVID-19 public health measures— an alarming rise in domestic violence with victims trapped at home with their abusers under increasing stress. The National Domestic Violence Hotline has reported an increase in contacts to the hotline during COVID-19. Reports show that physicians are treating more domestic violence injuries and that these injuries are more severe. According to the CDC, roughly 1 in 6 homicide victims are killed by an intimate partner. In 2019, there were 17,434 domestic violence cases reported to law enforcement in San Diego County. There were 13 domestic violence homicide victims, of which the suspect was a current or former intimate partner, and 4 children. According to SANDAG, there were 8,495 domestic violence incidents reported in the first six months of 2020 compared to 8,235 reported in the first half of 2019.

“These unprecedented circumstances of the COVID-19 pandemic appear to have unleashed more domestic violence in the home with victims feeling trapped with their abusive partner and children as collateral victims,” District Attorney Summer Stephan. “We want victims to know that they are not alone and our DA Victim Services, local and national organizations and law enforcement continue to be ready, despite the pandemic, to help them get to safety and give them the help and resources they need.”

According to Childhelp Founder & CEO, Sara O’Meara, “The partnership of California’s safety leaders with Childhelp to secure children during COVID-19 is a model for child welfare across the country. All these huge hearts coming together to find children trapped in the shadows of abuse will not only save lives but create a culture of compassion that will exist long after this virus is behind us.”

The campaign includes a video public service announcement and public awareness messages posted on Facebook, Twitter, and other social media  platforms with a new post made each day for one week. The posts provide information for victims with resources, such as 24-hour hotlines and other services vital to reporting abuse. The posts also provide tips for concerned friends, relatives, and educators on how they can help victims of abuse. This outreach campaign follows a July campaign addressing domestic violence and child abuse and exploitation by U.S. Attorney Scott, ChildHelp, and the District Attorneys of San Diego, Alameda and Sacramento counties.

If you or someone you know needs help, visit PreventDV1.org for local resources or call the National Domestic Violence Hotline at 1-800-799-7233.

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.

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

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]

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.

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

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]