Statewide Charter School Scheme Stole More Than $50 Million in Public Funds

Statewide Charter School Scheme Stole More Than $50 Million in Public Funds

An Australian national, who is a charter school operator in the U.S., and his Long Beach business partner, conspired to siphon more than $50 million from the State of California for years according to a grand jury indictment. As part of a wide-ranging scheme, the defendants sought out small school districts with limited experience in oversight and proposed they authorize online charter schools to earn additional public funds in the form of oversight fees. Sean McManus, 46, and Jason Schrock, 44, the CEO and president of A3 Education, along with nine other defendants have been indicted in San Diego County on a several criminal counts including conspiracy, misappropriation of public funds, paying for student information and conflict of interest. [TWEET THIS]

[WATCH: News conference announcing charges]

The 235-page indictment, which was handed down by a grand jury on May 17, is the result of a year-long investigation by the San Diego County District Attorney’s Office into allegations of fraud in public schools. The grand jury spent six weeks hearing testimony from more than 70 witnesses including employees of the charter school, various school districts, and county and state-level employees. The investigation uncovered a massive scheme in which McManus and Schrock directed subordinates and co-defendants to open 19 charter schools in San Diego County and across California. These are collectively called “A3 Charter Schools” and include:

  • Valiant Academy San Diego
  • Valiant Academy Los Angeles
  • Valiant Academy Santa Barbara
  • CA STEAM San Bernardino
  • CA STEAM Sonoma
  • CA STEAM Sonoma II
  • CA STEAM Santa Barbara
  • Uplift California Monterey
  • Uplift California North
  • Uplift California South
  • Uplift California Santa Barbara
  • California Academy of Sports Science
  • California Academy of Sports Science Fresno
  • California Vanguard Fresno
  • University Prep
  • University Prep Fresno
  • University Prep San Bernardino
  • California Prep Sutter K-7
  • California Prep Sutter 8-12

“These defendants engaged in a devious, systematic public corruption scheme on the backs of students, their parents and the public that over time diverted millions of taxpayer dollars into their own pockets,” District Attorney Summer Stephan said. “Our team of investigators and prosecutors uncovered widespread misappropriation of public funds that extends across the state.”

Co-defendants, who worked under McManus and Schrock at various charter schools, purposely did not disclose their relationship with the men when starting charter schools and falsely claimed to be the leaders of the schools. McManus is charged with 64 counts and is facing more than 40 years in state prison if convicted. Schrock is charged with 62 counts and is also facing more than 40 years in custody.

The co-defendants are:

Defendant

Number of Charges

Maximum

Sentence

Role

Justin  Schmitt, 37, Colorado

17 Counts

11 years

Charter school employee

Robert Williams, 65 Laguna Beach

14 counts

Six years, eight months

Accountant

Richard Nguyen, 33 Foothill Ranch

14 counts

Six years

Charter school employee

Eli Johnson,57, Cameron Park

13 counts

Five years

Charter school employee

Nyla Crider, 45, Laguna Niguel

Seven counts

11 years

Charter school employee

Kalehua Kukahiko, 37, Hawaii

Five counts

Four years, eight months

Charter school registrar

Steve Van Zant, 56, San Diego

Five counts

Six years

Consultant contractor

Troy Kukahiko, 46, Hawaii

Three counts

Four years

Head of Prodigy Athletes

Nancy Hauer, 57, Dehesa

One count

Four years

Dehesa Schools Superintendent

In addition to creating charter schools, McManus and Schrock ran another scam that paid athletic organizations for student information. A3 Charter Schools paid pre-existing youth programs as little as $25 per student for enrollment documentation and would then ‘enroll’ the students into a charter school in the summer time as regular students, collecting about $2,000 per student from the State of California. Some students and parents were unaware of enrollment in a charter school.

In other instances, McManus would direct co-defendants or their employees to backdate student enrollment information in order to receive additional funding. The state pays school districts based on ‘average daily attendance’ (ADA) and the defendants used their knowledge of how the state doles out funding to collect as much money as possible. For example, McManus and Schrock dual enrolled students from private schools into their charter schools. In exchange for enrollment documentation, McManus and Schrock would pay private schools a fraction of the state pays in ADA and pocket the rest – anywhere from $2,000 to $5,000 per child.

Additionally, the organization would collect more than one ADA in state funding per student by transferring students from one school to another without parental consent or knowledge – a scheme that allowed McManus and Schrock to collect more than funding than they were entitled.

McManus and Schrock transferred more than $50 million in public charter school funds to A3 Education, A3 Consulting, Global Consulting Services, and Mad Dog Marketing, which are companies McManus and Schrock own and/or control.

Once McManus and Schrock obtained the public funds in private company bank accounts, they did not use the money to educate students, but instead spent the funds on themselves and their families.  McManus and Schrock invested in startup companies, real estate, and wired funds directly to themselves or family members. The majority of funds paid to A3 Education, A3 Consulting, Global Consulting Services, and Mad Dog Marketing ended up in the pockets of McManus and Schrock.

Co-defendant, Steve Van Zant, 56, created EdCBO to exclusively provide back office services for A3 Charter Schools. Van Zant intentionally hid his involvement with EdCBO and McManus by filing all corporate paperwork under the name of a subordinate.

Nancy Hauer, 57, the Superintendent of Dehesa Elementary School District, the district responsible for oversight of three A3 Charter schools and six other charter schools, was charged with misappropriating public funds by overbilling charter schools for oversight fees, with the charter school’s consent. Hauer billed the charter schools over $2 million in oversight fees during the 2017-2018 school year; far more than the actual costs incurred by the district and more than the district’s entire budget for payroll. Dehesa’s fees increased as the enrollment in A3 Charter schools increased. This symbiotic relationship discouraged Dehesa from performing oversight that may have uncovered McManus and Schrock’s criminal enterprise.

Defendant Nyla Crider was arraigned on May 21 in San Diego Superior Court. Other arraignments are scheduled for today at 1:30 p.m. in Department 102 of the San Diego Superior Court downtown location. McManus, who is Australia, remains at large. [TWEET THIS]

DA Announces De-Escalation Training, Mental Health Reform Blueprint

DA Announces De-Escalation Training, Mental Health Reform Blueprint

Individuals with mental health issues frequently come into contact with the criminal justice system and too often, the outcomes fall short of helping people who face those challenges. Today, San Diego County District Attorney Summer Stephan announced two initiatives designed to improve the way law enforcement interacts with people with mental health issues, including up to $1.5 million in funding for access to Crisis Intervention and De-escalation Training for police officers and a 911 Mental Health Checklist card. The announcement comes during Mental Health Awareness month in May. [TWEET THIS]

[WATCH THE NEWS CONFERENCE, HERE]

Last year, law enforcement across San Diego County responded to more than 53,000 calls for service that involved a mental health issue. A 25-year study of officer-involved shootings in San Diego County shows 79 percent of the incidents included people who had drug and/or mental health issues. And, according to the San Diego Sheriff’s Department, about 30 percent of inmates in San Diego’s jails receive medication for a mental health disorder.

Recognizing this significant nexus between mental health, substance abuse and criminal justice, the District Attorney’s Office brought more than 200 stakeholders and experts together over the past year to map the intersection of mental health, homelessness and criminal justice, to better-identify problems and recommend concrete solutions.

The District Attorney also publicly released its Blueprint for Mental Health Reform: A Strategic New Approach Addressing the Intersection of Mental Health, Homelessness and Criminal Justice in San Diego County which includes system reform recommendations to improve public safety outcomes. The 70-page document contains 30 specific recommendations for how law enforcement and the justice system can better respond to people facing mental health challenges. Crisis and De-escalation Training and development of the 911 Checklist Card are two of the recommendations included in the report.

“We have a crisis in our community that cannot be solved by public safety agencies alone,” District Attorney Summer Stephan said. “Nor can it be solved by public health agencies alone. There needs to be a sea change in the way we address the needs of people living with mental illness in our community who find themselves involved with the criminal justice system. These two initiatives represent a step toward a new approach in San Diego County to improve the way law enforcement approaches individuals in a mental health and substance abuse crisis, while still keeping our neighborhoods safe.” [TWEET THIS]

The DA-funded Crisis Intervention and De-escalation Training will consist of a newly-created curriculum that builds upon, and enhances the current training peace officers receive. The training will include classroom discussions led by PERT (Psychiatric Emergency Response Team) experts, role playing ‘real life’ situations, and use of a video simulator known as the MILO Range Theater. Officers will also be trained to recognize the signs of methamphetamine toxicity, a condition often encountered by police. Meth is the most common drug found in individuals following an officer-involved shooting incident.

The District Attorney’s Office is uniquely positioned to collaborate on the de-escalation training, since it works directly with all police agencies in the County and reviews officer-involved shooting incidents. The DA’s Office is committed to engaging in the development and implementation of effective, evidence-based crisis intervention and de-escalation programming by providing access to tools in support of law enforcement officers, dispatchers, first responders, and others who may come into contact with persons in crisis. The goal is a reduced need for the use of deadly force, improved officer safety, and reduced likelihood of injury to persons in crisis and/or the public. [TWEET THIS]

911 English Checklist

The MILO system is being purchased by the DA’s office using federal asset forfeiture funding. The interactive simulator improves on similar training systems currently available in San Diego County. The training is also portable, so it can travel countywide in order to promote maximum participation by law enforcement while allowing departments to perform their ongoing duties.

“Police agencies across San Diego County are grateful for access to this additional training on how peace officers and first responders address mental health-related calls in the field,” said Chief Craig Carter, President of the San Diego County Police Chiefs’ and Sheriff’s Association. “Offering de-escalation training and scenario-based hands-on training will give us even more tools to rely on as we strive to resolve these contacts with the least amount of force necessary. Every agency in the county appreciates the services of PERT and the leadership of the District Attorney’s office as we embrace mental health-related reforms and work collaboratively to address this ongoing public safety issue.”

PERT clinicians respond with law enforcement or EMS to assist persons in mental health crisis or proactively engage persons to direct them to supportive services. For many years, PERT also has been the major training provider to County law enforcement involving the identification of signs of mental illness and related intervention/de-escalation skills to facilitate compassionate, safe, and effective interactions with persons in mental health crisis.

“The growth and success of PERT is directly tied to a collaborative spirit with San Diego County Behavioral Health Services and other providers, public safety agencies, and consumers as well as their family members and other supports,” said PERT Director Dr. Mark Marvin. “Our partnership with the District Attorney’s Office will facilitate an expanded training menu to County first responders and PERT looks forward to expanding our collaboration with the District Attorney’s Office to ensure the utmost in care for all members of our community.”

Working with NAMI (National Alliance on Mental Illness) San Diego, the DA has also developed a “911 Mental Evaluation Checklist Card” that’s being distributed in English and Spanish to the public. The card contains a checklist of important information that callers should provide to dispatchers when a family member or loved one is in crisis and may be a danger to themselves or others. The goal is to provide responding officers with more information about the individual’s mental state and history before they arrive on scene.

“NAMI San Diego has been honored to participate in reform efforts by providing the perspectives of those living with mental health challenges as well as the expertise of professionals working in the mental health field,” said Cathryn Nacario, CEO of NAMI San Diego.

The District Attorney’s Office is working closely with San Diego County Behavioral Health Services on mental health initiatives to promote healthy, safe and thriving communities throughout the County.

“I want to thank District Attorney Stephan for her leadership of a crisis stabilization approach that can help support the community we serve,” said County Behavioral Health Services Director Luke Bergmann. “Ensuring our law enforcement officers are thoroughly trained to identify, deescalate and work with people experiencing a behavioral health crisis will lead to reduced trauma and better outcomes for San Diegans.” [TWEET THIS]

DAI Sandra Oplinger Named Peace Officer of the Year

DAI Named Peace Officer of the Year

In 1979, Craig Woolley was brutally stabbed to death in bed.  The case went cold when no suspect was identified, although evidence collected included the knife, fingerprints, and swabs of blood.  In 2006, the San Diego Police Department identified Jeffrey Cauble, a Marine stationed at Camp Pendleton in 1979, from one fingerprint on a drinking glass. Cauble, who was now living in Colorado, was interviewed in 2009, but denied knowing the victim or being at the residence. A DNA sample from Cauble subsequently matched several items of evidence at the scene; however, more evidence was needed. It was until nearly 10 years later, when District Attorney Investigator Sandra Oplinger was assigned to the case that Cauble was brought to justice. On Friday, April 26, 2019, the San Diego Police Officers Association recognized Oplinger with the Peace Officer of the Year Award for her work in the resolution of this nearly 40-year-old cold case.

[TWEET THIS]

“Sandra Oplinger exemplifies the work of the elite investigative team at the District Attorney’s Office which takes on the tough mission of pursuing justice on cold case homicides,” said San Diego County District Attorney Summer Stephan. “Using her excellent investigative skills, attention to detail, and expertise, Sandra refused to give up and was instrumental in bringing a measure of justice to the victim’s family, holding the defendant accountable for this murder.”

In 2017, when Oplinger was assigned to the case, she employed various investigative techniques to obtain additional evidence against Cauble. She coordinated with the San Diego Sheriff Department’s Detentions Intelligence Group (DIG) to advance the investigation in Colorado. Eventually, Cauble made admissions regarding the murder of Craig Woolley. In February 2019, he was convicted of second-degree murder and is pending a sentence of 16-years-to-life in prison.

“Sandy is driven to seek justice for family members who have lost loved ones to violent crimes,” said Chief Investigator Jorge Duran. “Her persistence and attention to detail has brought closure to many families left without answers regarding their loved one’s demise. She is a consummate professional and an asset to the District Attorney’s Office.”

District Attorney Investigator Sandra Oplinger has served 34 years in law enforcement and was hired by the San Diego County District Attorney’s Office in 2011. The San Diego Police Officers Association presented the award to Oplinger during their 28th Annual Peace Officer of the Year Award Ceremony recognizing excellence in San Diego County’s law enforcement.

[TWEET THIS]

DA Announces Criminal Charges Against Poway Man Accused of Ponzi Scheme

He Stole Millions of Dollars from Dozens of People

A Poway man who stole nearly $8 million dollars from dozens of victims over a five-year period in San Diego County, most of them senior citizens, has been charged by the District Attorney’s Office with more 80 felony counts. Christopher Dougherty, 46, has been charged with grand theft, fraud and financial elder abuse, and other charges reflecting crimes committed against at least 31 families. Dougherty, a former licensed insurance agent, solicited at least $7.75 million in investments as part of a large-scale Ponzi scheme that eventually collapsed and left victims with nothing. Twenty of the 31 victims were 65 or older at the time of their investments. [TWEET THIS]

“This was a classic Ponzi scheme where the defendant stole millions of dollars from trusting families and senior citizens. These aren’t rich investors, they’re people who worked hard and trusted their life savings with someone who preyed on their vulnerabilities,” said District Attorney Summer Stephan said. “I’m very proud of the investigative work done by the DA’s Insurance Fraud Unit and our law enforcement partners to bring justice to dozens of victims preyed upon by a heartless con man.”

[WATCH THE FACEBOOK LIVE STREAM OF THE NEWS CONFERENCE]

Dougherty was arrested at his home in Poway on April 25 and booked into jail. He was arraigned in Superior Court on April 26 and pleaded not guilty. The court set bail at $5 million. He faces up to 35 years in prison if convicted of the charges.

Currently, 31 households have been identified as having invested with Dougherty, but investigators are currently evaluating the information of approximately 26 additional victims, many of whom are expected to be added to the case in the future.

Many of the investors were identified when Dougherty filed bankruptcy in federal court in October of last year, but additional victims were identified when investigators began looking more closely at Dougherty’s financial records. Some of the victims met Dougherty when he was designated by various school districts (including Sweetwater Union High School District, Imperial Unified School District, and El Centro Elementary School District) as an investment advisor for employees. Other victims were introduced to Dougherty by his current clients. Dougherty leveraged a reservoir of trust he had developed with long-standing clients, convincing them to cash out of established, conventional investments and move their money to his private investments.

Dougherty offered private investments in various companies he owned. One of the investment opportunities Dougherty pitched investors was a 100-acre “organic” cattle ranch in Alpine. While the farm was real, it didn’t actually generate any profits for investors. Dougherty also promoted a marijuana growing project on that Alpine property.

Dougherty shuffled money around in classic Ponzi fashion, paying “profits” to complaining investors with funds invested by more recent investors.  In addition, Dougherty used investor funds for personal expenses, including home remodel, travel, college tuition, and large cash withdrawals. Once investors began to demand their money and Dougherty couldn’t pay it back, the Ponzi scheme collapsed.

“Unfortunately, financial scams have become an all too common reality. As your Sheriff, I want you to know that people who masquerade as financial experts only to steal your life savings will be held accountable,” said San Diego County Sheriff William Gore. “I applaud the collaborative action in exposing Dougherty’s scheme before he had a chance to manipulate additional victims out of their hard-earned retirement.”

“Dougherty’s criminal enterprise is callous and indefensible,” said Insurance Commissioner Ricardo Lara. “Crimes against the elderly are especially reprehensible. Increasingly we are uncovering complex financial scams that target seniors, and other vulnerable California communities and consumers. We will continue to work with our district attorney partners to aggressively investigate and prosecute anyone who targets seniors.”

The case was investigated by a task force comprised of members from the San Diego Sheriff’s Department, California Department of Insurance, California Department of Business Oversight, and the San Diego Police Department.  The case is being handled by Deputy District Attorney Michael Zachry from the San Diego District Attorney’s Office’s Insurance Fraud Division.

“The SEC alleges that Dougherty took advantage of his clients’ trust by using their retirement savings to run a Ponzi scheme,” said Michele Wein Layne, Director of the Los Angeles Regional Office.  “The SEC is committed to protecting clients by holding accountable any investment advisers who so grossly abuse the duties they owe to their clients.”

Anyone who believes they are a victim of Christopher Dougherty, and have not already been in communication with law enforcement, may contact the California Department of Insurance at (858) 693-7100.

Many Ponzi schemes share common characteristics. The DA’s Office urged investors to look for these warning signs: [TWEET THIS]

  • High investment returns with little or no risk. Every investment carries some degree of risk, and investments yielding higher returns typically involve more risk. Be highly suspicious of any “guaranteed” investment opportunity.
  • Overly consistent returns. Investment values tend to go up and down over time, especially those offering potentially high returns. Be suspect of an investment that continues to generate regular, positive returns regardless of overall market conditions.
  • Unregistered investments. Ponzi schemes typically involve investments that have not been registered with the SEC or with state regulators. Registration is important because it provides investors with access to key information about the company’s management, products, services, and finances.
  • Unlicensed sellers. Federal and state securities laws require investment professionals and their firms to be licensed or registered. Most Ponzi schemes involve unlicensed individuals or unregistered firms.
  • Secretive and/or complex strategies. Avoiding investments you do not understand, or for which you cannot get complete information, is a good rule of thumb.
  • Issues with paperwork. Do not accept excuses regarding why you cannot review information about an investment in writing. Also, account statement errors and inconsistencies may be signs that funds are not being invested as promised.
  • Difficulty receiving payments. Be suspicious if you do not receive a payment or have difficulty cashing out your investment. Keep in mind that Ponzi scheme promoters routinely encourage participants to “roll over” investments and sometimes promise returns offering even higher returns on the amount rolled over. [TWEET THIS]

In keeping senior citizens safe, the key to prevention is knowledge and awareness. In addition to the Insurance Fraud Division, which is handling this case, the District Attorney’s Office has an Elder Abuse Prosecution Unit. The specialized unit handles about 200 felony cases per year with a lead prosecutor, two victim advocates and a full-time investigator.

Information on how protect yourself and your loved ones from becoming victims of elder abuse can be found on the District Attorney’s public website at www.SafeSeniorsSanDiego.com.

[TWEET THIS]

DA Investigator Robert Hinkledire Recognized for Case Involving a Peace Officer

DA Investigator Recognized for Case Involving Peace Officer

District Attorney Investigator Bob Hinkledire was formally recognized by San Diego County Crime Stoppers at the annual “Enough Is Enough” Luncheon held at the Doubletree hotel in Mission Valley Tuesday, April 23. [TWEET THIS]

Bob was selected as one of several law enforcement personnel who have truly performed in an exemplary manner for their department and their community. Bob was recognized for his work on a September 2017 case involving a peace officer from Yuma, Arizona, accused of forcibly raping his wife’s cousin in San Diego.  The victim had to jump out of a window to escape and called the police.  Investigator Hinkledire developed a rapport with the victim, who was devastated by the acts of a police officer and family member. Her trust in law enforcement faded. Had it not been for the compassionate demeanor of Investigator Hinkledire, she would not have testified and Hinkledire was able to restore her trust in law enforcement.  During the investigation, Hinkledire traveled to Yuma, discovered a second victim and convinced her to testify.

Thanks to Investigator Hinkledire’s investigation, experience, witness management, and tenacity, the former police officer was found guilty and sentenced to 20 years in prison. [TWEET THIS]

Going to Bat for Victims when Criminals are up for Parole

Going to Bat for Victims

When notorious convicted murderer, Betty Broderick, was up for parole in 2017, it was Deputy DA Richard Sachs who represented the people of California at a record-breaking 11-hour hearing, arguing against her release. Ultimately, the board voted to deny parole for 15 years and Broderick will remain in state prison where she is serving time for the 1989 murders of her ex-husband and his new wife at their Hillcrest home. It was just another day at the office for Sachs, 60, who was recognized Thursday by the Victim Assistance Coordinating Council with a ‘Victim Advocate Award’ at its 30th Annual Candlelight Tribute for Crime Survivors on Thursday. [TWEET THIS]

Sachs, a statewide expert on parole issues and the founder the San Diego County District Attorney’s Lifer Hearing Unit – the first in the state – represents the DA’s Office before the Board of Parole when it is considering parole suitability for those who have been sentenced to life terms. Because of his expertise, Sachs is a go-to expert in California on all things involving the parole process and he has developed a reputation as a staunch advocate for family members whose loved ones have been killed. He’s a lifeline for victims or their next of kin throughout the parole process.

Sachs’ recognition comes during the annual National Crime Victims’ Rights Week, when law enforcement, prosecutorial agencies, victim advocates and community members come together to support survivors of crime.

“Richard Sachs combines his legal expertise with a sense of compassion that loved ones and next-of-kin need when navigating the parole process,” said District Attorney Summer Stephan. “I don’t know anyone more knowledgeable on parole issues in this state than him. Our office and the community are lucky to have such a resource fighting to protect public safety.”

Sachs founded the DA’s Lifer Hearing Unit in 1995 to ensure family members are not left out of the parole process, have a voice, and are treated with dignity and respect. He has been a Deputy District Attorney more than 34 years.

Sachs has worked on many prominent San Diego-related parole cases including helping obtain four parole reversals in the cop killer case involving Jesus Cecena, who shot and killed San Diego Police Officer Archie Buggs in 1978.

The DA’s Lifer Unit has been featured on national and local news broadcasts and has been referred to by the Board of Parole Hearings as a “model for the state.” Sachs also has extensive experience in appellate law and serves as the lead author for amicus briefs for the California District Attorneys Association, Lifer Committee. He also serves as the lead author for the lifer training material for the California District Attorneys Association. He is a dedicated victim advocate and has designed victim notification systems for the Lifer Unit working around the clock to ensure that no victim or next of kin is denied their opportunity to submit a victim impact statement.

Sachs, a native of Chicago, graduated from the John Marshall Law School in 1983. He served as a Judicial Clerk for the Presiding Justice of the Fourth District Court of Appeal and worked in a large civil firm in Los Angeles before joining the District Attorney’s Office in 1985. [TWEET THIS]

DA honors 6 at annual Citizens of Courage Awards

DA honors 6 at annual Citizens of Courage Awards

San Diego County District Attorney Summer Stephan today honored six brave individuals with a Citizens of Courage Award during the 29th annual event, which is held as part of National Crime Victims’ Rights Week. [TWEET THIS]
“These individuals all displayed extraordinary bravery in the face of serious crime,” DA Stephan said. “By honoring them, we’re also shining a light on the thousands of crime victims our office reaches out to every year in San Diego County and the importance of supporting victims’ rights.”
The Citizens of Courage were honored at a luncheon in front of more than 450 invited dignitaries, elected officials, community leaders and guests.
The DA’s Victim Services Division and Victim Advocates were also recognized for the outstanding work they do year round.
This year’s Citizens of Courage recipients are:
Victimized by an unlicensed dentist, Donna suffered significant injuries that required repeated corrective surgeries.  She cooperated with investigators and provided key testimony during a jury trial that helped convict this con artist.
The DA’s Victim Services Division strives to reduce the trauma, frustration, and inconvenience experienced by victims, witnesses, and family members affected by crime. The Victim Assistance Program provides comprehensive services to all crime victims. Victim Advocates are focused on providing assistance to victims of violent crimes. In 2018, they assisted 13,315 new crime victims. This assistance included 1,567 crisis interventions and 13,718 resources and referrals. [TWEET THIS]
Hundreds Removed from Gang Injunction Lists

Hundreds Removed from Gang Injunction Lists

The names of 332 people have been removed from civil gang injunction lists affecting neighborhoods across San Diego County following a careful review by the District Attorney’s Office, which worked to confirm individuals’ lack of recent criminal and gang activity. The civil injunctions were filed several years ago in various cities across the county, often in response to communities seeing a spike in gang-related violence. The injunctions—which have had their critics— were court orders restricting the most active and dangerous gang members from congregating with other known gang members, fighting, carrying weapons, and intimidation. [TWEET THIS]

However, no gang injunctions have been filed by the DA in the past eight years and the oldest existing injunction dates back to 1997.  District Attorney Summer Stephan initiated the review of 799 individuals, recognizing the dated nature of most of the injunctions and the potential problems that being on the list pose to individuals who are no longer affiliated with a gang or engaging in criminal activity. When a civil gang injunction is issued against an individual, it remains in effect for a lifetime unless that person applies for removal and meets certain criteria. However, most people don’t know relief maybe available to them or how to go about requesting their name be removed.

“People who are genuinely taking steps to be a lawful, contributing member of our community shouldn’t be punished by a civil court order that might be stopping them from getting a job, connecting with their relatives or moving on with their lives,” DA Stephan said. “We worked closely with our law enforcement partners to identify people who might qualify for removal while at the same time making sure we’re continuing to protect the public from those who still engage in gang-related crimes and activities.”

[WATCH FACEBOOK LIVE STREAM OF NEWS CONFERENCE]

To qualify for removal from the list, a person:

  • cannot have a conviction for a violent felony for the past 10 years
  • must have remained out of custody and had no criminal convictions for the past five years (excluding minor traffic violations)
  • have had no activity that demonstrates continued loyalty to, or membership in a criminal street gang for the past five years

In total, 42 percent of the individuals listed on 20 civil gang injunction lists affecting 12 gangs have been removed. The District Attorney sent letters in late February informing people their name had been purged from the lists, saying the action is “an effort to pursue justice that fairly reflects your current status as one moving away from the gang life. This should assist you in removing any negative consequences that come from being on an injunction list.” It also notes that if the individual reengages in gang activity they could be added back on the injunction.

“Every law enforcement agency in the county wants individuals to disassociate themselves from the gangs and the activity that landed them on the civil injunctions,” said Escondido Police Chief Craig Carter. ”Police departments across the county are joining the DA in being proactive in removing individuals from these injunctions and we hope other gang members see this as a motivation to end their gang affiliation and become a productive member of their community. We want nothing more than to keep our youth from joining gangs in the first place.” [TWEET THIS]

Pastor Jesus Sandoval, Executive Director of San Diego’s Commission on Gang Prevention and Intervention, praised the collaboration that led to the removal of individuals from the injunctions.

“The Commissioners in our Sub-Committee for gang documentation laid the groundwork for this effort and did an outstanding job working with the DA and Chief of Police in advocating for this audit,” Sandoval said. “The removal of these names is in line with the Commission’s vision is to develop a more strategic, coordinated, and collaborative effort between the City and law enforcement agencies to curtail gang involvement and its negative impact in the City of San Diego.”

The DA also says 66 individuals were removed from injunctions not for lack of gang or criminal activity but because the injunction no longer applied because they were either sentenced to life in prison, deceased or appear to have left the jurisdiction or gang life entirely.

The District Attorney’s Office will conduct follow up audits once a year and continue to mail notices to the individuals removed from injunction enforcement. People wanting to find out if they’ve been removed you from an injunction can email SanDiegoDA@sdcda.org.

Individuals who believe they qualify and would like to petition for removal can fill out this form on the DA’s website and submit it for review. In 2017, a former gang member from Oceanside who was listed on a gang injunction 13 years earlier had a petition to have his name removed from the list granted. Over the years, 20 individuals have petitioned for removal and 15 petitions have been granted.

A review of individuals who remain on the lists shows 97 with arrests or convictions from September 2017 to September 2018. Four individuals on the lists have active warrants for murder and during the time the injunctions have been in place, 32 defendants who are on the lists have been sentenced to prison for 15 or more years.  Two individuals on the list have been charged with murder and are awaiting trial. [TWEET THIS]

DA Lawyer, Lilia Garcia, Makes Women's Hall of Fame

DA Lawyer Makes Women’s Hall of Fame

Lilia Garcia has spent much of her life promoting equality and justice on both sides of the border, mentoring young Latina attorneys and training lawyers in Mexico and the U.S. On Sunday she will be inducted into the Women’s Hall of Fame at the 18th annual ceremony recognizing women from San Diego whose actions and accomplishments have visibly made a difference for women in the community. Garcia, 65, is an attorney in the San Diego County District Attorney’s Appellate Division. Since 2013, she has lent her expertise to complex matters related to criminal writs and appeals handled in the Superior Court, Court of Appeal, and the California Supreme Court. [TWEET THIS]

Garcia is also an instructor on oral advocacy programs to support Mexico’s implementation of an oral, adversarial criminal justice system. In 2005, she co-founded Latinas in the Law, a mentoring program for young Latina lawyers and law students. In her role as a mentor, she has been part of the positive change that increased the number of diverse attorneys in the legal profession.

“Lilia is a role model in the DA’s Office and the community. Her career in public service has been devoted to justice and committed to the highest ideals of civility and professionalism in the law,” District Attorney Summer Stephan said. “Ultimately, Lilia’s legacy in San Diego County will be in the hundreds of lives she touched by selflessly mentoring and supporting young people from diverse backgrounds and engaging them in the legal profession.”

As a past president of the San Diego La Raza Lawyers Association, Garcia co-founded the association’s scholarship fund, which since 2007, has awarded more than $341,000 to deserving law students. She has served on the boards of the Mexican American Business and Professional Association, Catholic Charities and Bayside Settlement House, as a school board member of Marian (Mater Dei) Catholic High School, and as an alumni board member of the University of San Diego Law School. She earned her law degree from the University of San Diego School of Law in 1981. Before joining the San Diego County District Attorney’s Office she served as a deputy and supervising deputy attorney general in the California Attorney General’s San Diego office for 32 years.

The Women’s Hall of Fame came about in 2001, when four co-hosts – Women’s Museum, the San Diego County Commission on the Status of Women, the Women’s Studies Department at San Diego State and the Women’s Center at UCSD – organized the first event to honor and acknowledge women who have made outstanding volunteer contributions and significantly added to the quality of life in San Diego County. [TWEET THIS]

DA Investigator Honored for Efforts in Drug Prevention

DA Investigator Honored for Efforts in Drug Prevention

Investigator Anthony “Tony” Pellegrino received the Benevolent and Protective Order of Elks’ Enrique Camarena Award.  This award recognizes and honors law enforcement officers who have made a significant contribution in the field of drug prevention.

The District Attorney Bureau of Investigation nominated Tony for the drug awareness and prevention classes he has been teaching at Westview High School for the past 11 years.  Tony volunteers his time to teach 16 classes each year to all freshman students. He utilizes his over 30 years of experience in law enforcement to make the narcotic presentations authentic and real.  He has expanded the course to also cover drug-facilitated sexual assault.  Over the years, Tony has volunteered over 400 hours and has had an impact on approximately 5,000 students.

On Saturday, February 2, 2019, Tony was honored at the Encinitas Elks Lodge, where he was recognized for his contributions in drug prevention and presented with a certificate.