For more than three years, Pep Boys automotive stores in San Diego and across the state were routinely and illegally throwing automotive fluids, batteries, aerosol cans, electronic devices and other regulated hazardous waste in dumpsters destined for municipal landfills not authorized to accept hazardous waste, an undercover investigation found. During the same period – from April 2014 through November 2017 – Pep Boys also failed to shred customer records, which contained confidential information, before throwing the documents in the trash.

As a result of the investigation, The Pep Boys Manny Moe & Jack of California (Pep Boys) will pay $3.7 million to resolve allegations that the company violated state laws governing hazardous waste and hazardous materials. The investigation was led by the Environmental Protection Unit of the San Diego DA’s Office, along with investigators from other district attorney offices, and environmental regulators statewide.

“This settlement holds Pep Boys accountable for violating laws that are in place to protect the environment and the privacy of consumers,” DA Summer Stephan said. “These types of investigations and settlements are a reminder to corporations that they have a responsibility to be a good steward to our environment or face consequences.”

Today’s announcement is in conjunction with multiple district attorney offices across the state including Alameda, Kern, Orange, San Bernardino, San Joaquin, San Mateo, Ventura and Yolo Counties.

Pep Boys is an automotive service retailer and distributor of automotive replacement parts, accessories, and engine additives in North America. In California it owns or operates approximately 151 retail facilities and a distribution center. There are 14 Pep Boys facilities in San Diego County.

During the investigation, investigators and environmental regulators conducted a series of undercover inspections of waste bins originating at 19 separate Pep Boys facilities. These inspections found numerous instances of unlawful disposal of hazardous waste and violations of laws protecting confidential consumer information.

When Pep Boys officials were notified by the prosecutors of the unlawful disposals, they fully cooperated and quickly responded by enhancing company policies and procedures to eliminate improper disposal of hazardous waste products in California and to protect confidential customer information. Stores are required to properly manage hazardous waste and to retain their waste in segregated, labeled containers to minimize the risk of exposure to employees and customers and to ensure that incompatible waste does not combine to cause dangerous chemical reactions. Hazardous waste produced by California Pep Boys stores through damage, spills and returns is being collected by state-registered haulers, taken to proper disposal facilities and properly documented and accounted for.

The settlement requires a monetary payment of $3.7 million, which consists of $1.82 million for civil penalties, $260,000 for supplemental environmental projects and $425,000 to reimburse investigative and enforcement costs. Of the total, the San Diego DA’s Office will receive $168,000 and San Diego County Department of Environmental Health will receive $21,000. Pep Boys gets a credit of $1.2 million against the penalties if it undertakes at least $2.4 million in environmental enhancement work not required by law. In addition, the settlement includes provisions requiring Pep Boys to undergo a trash receptacle audit to ensure hazardous waste and confidential consumer information is properly disposed of at all facilities. The company must also comply with 23 injunctive requirements to comply with environmental protection and confidential consumer information protection laws.

Over the past year, the DA’s Office has filed more than 100 felony cases involving employee theft or embezzlement in San Diego County.  Unfortunately, employee theft occurs more often than one would like to believe and many times the theft is committed by the person charged with keeping the financial records for the company or preparing the payroll.  Many cases go unreported because some businesses are unsure as to how to proceed or how to organize the information to present to law enforcement.

To help potential victims prepare the documents and information necessary to successfully report embezzlement to law enforcement, the San Diego County District Attorney’s Economic Crimes Division has added a page to its public website that contains an informational video, a checklist and complaint organizational outline.

“We’re looking out for the business community and embezzlement has serious consequences for business owners and managers because they not only involve a loss of money to businesses, they also constitute a breach of trust,” said District Attorney Summer Stephan. “To pursue justice in these cases, we rely heavily on the victims’ ability to provide sufficient documentation and we hope that this new webpage will serve as a step-by-step guide for people to understand what they need to do to enable law enforcement and prosecutors to determine if an embezzlement crime occurred and whether it can be proven beyond a reasonable doubt.”

The DA’s office has prosecuted cases where the employee merely had an extra payroll paycheck deposited into their own bank account each week for a year.  In another case, an employee who was in charge of approving other employee credit card expenses ended up using the business credit card herself to pay her own personal expenses, including her own child’s college tuition and orthodontia work.  Unfortunately, no one was watching the person in charge of the credit card use and her activities were not discovered until she was terminated after racking up over $150,000 in unauthorized charges.  In most cases, there is a true sense of betrayal in embezzlement cases since the employers or owners are shocked to learn that their trusted employee deceived them while pretending to be a loyal co-worker— and many times even a friend.

It is necessary for investigators, prosecutors, the judge and possibly a jury to understand what occurred. They rely primarily on the facts and documents provided by the business that was victimized, which is why documenting and organizing the material is critical.

The public can now visit this website link, where they will find the resources to help them understand what they need to submit to their local law enforcement agency when they report an embezzlement crime. While submitting the appropriate records and information is critical to reviewing potential embezzlement and white collar crimes, submission to the DA’s Office does not guarantee a case will be filed.  Prosecutors must still carefully review the materials and conduct further investigation to determine if potential criminal charges can be proven beyond a reasonable doubt.

Getting a second chance is a powerful opportunity that can change the course of someone’s life. Nowhere is that truer than in the criminal justice system, which is why District Attorney Summer Stephan has set in motion a new program that’s providing those second chances for low-level, non-violent offenders in an effort to change lives, provide services and promote public safety. [TWEET THIS]

[WATCH THE NEWS CONFERENCE ANNOUNCING THIS NEW PROGRAM, HERE]

Under the DA’s Community Justice Initiative, instead of being prosecuted for the low-level crime, the District Attorney offers another option: agree to 12 hours of cognitive behavioral therapy and four hours of volunteer work in the community. After completing the program, the case is dismissed and the individual’s record is sealed. Only non-violent and non-sexual offenses qualify for the program. If someone is caught shoplifting small items, for example, and it is his or her first run-in with the law, that person would normally face a misdemeanor conviction, a fine and up to one year in jail. Under the CJI program, they’re diverted away from the system and given a chance to clear their record.

“This common-sense program holds people accountable for their actions, but steers them away from incarceration and onto a healthy path,” District Attorney Summer Stephan said. “It provides a second chance and ultimately builds safer communities.”

The program initially launched in the South Bay before being expanded to other areas of the county. During the time the program has been up and running, there have been about 586 participants, of which 210 individuals have successfully had their cases dismissed; 290 people are currently going through the program. Of the total participants so far, 86 failed the program and were sentenced. Some 74 percent of the participants are new to the justice system and have never been charged with a crime previously. Of the participants who successfully completed the program and had their case dismissed, only 2 percent have a new case filed against them.[TWEET THIS]

The most common offenses in the program, which has been in operation for one year, are cases such as shoplifting, non-DUI traffic offenses, or vandalism. Crimes that do not qualify include driving under the influence, sex offences, child and elder abuse or hate crimes.

Prosecutors offer the program at an individual’s first court appearance, generally at arraignment or the first readiness conference, if the person has not participated in the program before. If the program is accepted, the participant enters a guilty plea but is not sentenced immediately. Instead, a sentencing date is set for 150 days later.

Participants have 120 days to complete the program’s basic requirements and any additional obligations such as paying victim restitution. As part of the requirements, participants must attend cognitive behavioral therapy classes. The idea is to address to root cause of their crime and provide people with the tools and ability to make better choices, reducing the likelihood of returning to the criminal justice system.

If the conditions are met within 120 days, the case is dismissed (including the guilty plea) and there are no more court appearances. If participants have not fulfilled the obligations within 120 days, they must return to court on their sentencing date.

[WATCH THE NEWS CONFERENCE ANNOUNCING THIS NEW PROGRAM, HERE]

When developing the program, the District Attorney’s Office collaborated with its justice system partners including the Office of the San Diego County Public Defender, and other community stakeholders.

“The CJI process includes a cognitive behavioral therapy component, which helps our clients gain insight into underlying issues which may have led to their criminal behavior,” Public Defender Randy Mize said. “This therapy redirects such behaviors and has a proven track record of positive outcomes.  CJI recognizes that a wrong has been committed and holds offenders accountable without overly burdening their lives with a criminal conviction.”

The Community Justice Initiative has been designed to address criminal thinking through cognitive behavioral therapy.

“We offer participants critical thinking skills that will lead them to better decision making and at the same time help them remain law abiding citizens,” said Laura Soto, Director of Cognitive Behavioral Therapy for Adult Justice Programs with SAY San Diego and a licensed criminal social worker.

The community also reaps benefits through the volunteer work that participants perform at any non-profit of their choice. And in cases where victim restitution is involved, participants agree to pay the restitution in whole, which means crime victims have a greater likelihood of being repaid more quickly.

The Community Justice Initiative is in line with an evolving approach to criminal justice system in a way that is responsible and still protects public safety. [TWEET THIS]

“Our goal is to keep people who have never been in the criminal justice system from starting down a criminal path,” DA Stephan said. “Petty crimes can eventually lead to more serious crimes and we want to interrupt that cycle by addressing the underlying causes sooner rather than later.”

[WATCH THE NEWS CONFERENCE ANNOUNCING THIS NEW PROGRAM, HERE]

Have you ever wondered how investigators use genealogy to crack cold homicide cases? Or what kind of training police officers get to de-escalate dangerous situations? Beginning in October, the public will get the chance for a behind-the-scenes look into how our local law enforcement agencies work. From the prosecution of opioid dealers to financial crimes against the elderly, the District Attorney’s Office and the San Diego Sheriff’s Department are sponsoring a Citizens’ Academy to help the general public better understand the criminal justice system in San Diego County.  The program is free and lasts six weeks starting Tuesday, October 1st, and each Tuesday night through November 5th. [TWEET THIS]

“The response to our Citizen Academies has been overwhelmingly positive each time we hold one,” said District Attorney Summer Stephan. “It’s a unique opportunity for people to get an inside-look at what we do by interacting with some of the incredible prosecutors in our office and hearing directly from subject matter experts in other law enforcement agencies from our region.”

A diverse group of speakers from the DA’s Office and the S.D. Sheriff’s Department will discuss topics ranging from catching a killer in a cold case to the opioid epidemic and financial elder abuse. The Sheriff’s Department will also cover topics including the evolving use of force law and how de-escalation is being used in the effort to reduce officer-involved shootings. The course includes special access to the Sheriff’s Department weapons simulator exercise.

The Citizens’ Academy begins Tuesday, October 1st and ends Tuesday, November 5. Classes will be held from 6:00 p.m. to 8:30 p.m. for six consecutive weeks at the County Operations Center in Kearny Mesa.

More information and the required application are available at www.sdcda.org/office/citizensacademy. Space is limited. Members of the public wishing to attend the academy should apply by Monday, September 9, 2019. [TWEET THIS]

In 2003, 57-year-old Kent Williams burglarized two North Park homes and stole a car.  He was convicted of the crimes and because of California’s Three Strikes Law, at the time a judge sentenced him to 50 years-to-life in state prison.[TWEET THIS]

[WATCH THE LIVE STREAM OF THE ANNOUNCEMENT]

Earlier this year, Williams is believed to have become the first person in California to benefit from AB 2942, a new state law authored by Assemblymember Phil Ting (D-San Francisco) which allows local prosecutors to  carefully review old cases in which they believe the prison terms were unjustly harsh. If warranted, they can recommend a new, reduced sentence to a judge, who has the final say. This two-step process resulted in the release of Williams in June, after being incarcerated for nearly 16 years.  The re-sentencing effectively shaved at least 33 years off of his prison term.

After AB 2942 took effect in January, San Diego County District Attorney Summer Stephan agreed to review the Williams case, which led to his release in June. Prior to the change in the law, only the Board of Parole Hearings or the California Corrections Secretary could initiate and recommend the re-sentencing of a defendant. The re-sentencing is believed to be the first use of the new law in the state of California. [TWEET THIS]

“Proactively bringing this re-sentencing to a judge was the right thing to do in this case,” said DA Summer Stephan. “We reviewed the defendant’s underlying conviction, disciplinary records, and record of rehabilitation while incarcerated. We also considered and assessed Mr. Williams’ risk for future violence. Ultimately, we believed that circumstances had changed since the defendant’s original sentencing, so we moved forward under the new law in the interest of justice.”

“I’m grateful for the second chance,” Williams said. “I appreciate all the people who kept fighting for me. I’m ready to get a job, reconnect with family and friends, and watch my grandchildren grow up.”

[WATCH THE LIVE STREAM OF THE ANNOUNCEMENT]

Under California’s previous Three Strikes law, which has since been changed by voters, Williams received a life sentence for the two residential burglaries and car theft. His original parole eligibility date was September 25, 2052. He would not have received the same sentence under today’s guidelines.

“I authored AB 2942 because there are many people like Mr. Williams who have been rehabilitated and paid their debt to society for their crimes, but are languishing in our prison system,” Ting said. “Keeping them behind bars is no longer in the interest of justice. I’m thrilled to see how impactful criminal justice reform can be.”

If any review by the District Attorney’s Office results in a recommendation for a sentence reduction, it must still be approved by the Board of Parole Hearings.

Williams will be on state parole for a minimum of three years.

[TWEET THIS]