DA Testifies in Support of AB 1959 to Close Dangerous Resentencing Loophole as Exposed by the Santana High School Shooter Case

San Diego County District Attorney Summer Stephan testified this morning in front of the California State Assembly Public Safety Committee in Sacramento, urging lawmakers to pass Assembly Bill 1959. The bill, authored by Assemblymember Dr. Darshana Patel (District 76), strengthens public safety by closing a dangerous loophole in California’s recall and resentencing laws by updating Welfare and Institutions Code section 707 to allow a transfer hearing for a court to decide whether a now-adult offender should be sentenced in juvenile court or adult court.

Current law, Penal Code section 1170(d), allows people who were sentenced to life without parole as minors to have their sentence reconsidered after they have served at least 15 years in prison, known as recall and resentencing. Due to laws emerging after the enactment of 1170(d), if a court finds a defendant eligible for resentencing, they are transferred to juvenile court. If they were under the age of 16 when they committed their crime, the juvenile court cannot impose custody and is forced to release the defendant without any determination that it is safe to do so. A defendant who was 16 or 17 would proceed to a transfer hearing pursuant to Welfare and Institutions Code section 707 to determine the appropriate jurisdiction for resentencing: juvenile court or adult court.

Under the AB 1959, the existing transfer hearing process would also apply to a defendant who was under 16 at the time of the offense, allowing a court discretion to weigh youthful offender factors with public safety concerns. This change restores judicial discretion and fairness to the resentencing process.

“This bill is about protecting our communities and fulfilling the original intent of resentencing laws,” DA Stephan said. “AB 1959 ensures that the intent of resentencing laws to consider danger to the public when evaluating serious and violent offenders is fulfilled. These laws were never meant to result in the immediate release of individuals who commit murder, school shootings or serial rapes in our communities. This law would close a dangerous loophole for juvenile offenders under 16 that results in their immediate release without any meaningful demonstration of rehabilitation, remorse, or assurance of public safety. Instead of thorough resentencing, they move directly to a juvenile disposition, often resulting in release without a true assessment of risk or justice for victims.”

DA Stephan pointed to the case of the Santana High School shooter, Andy Williams, who carried out a planned attack in 2001, killing two students and injuring 13 others. Despite being sentenced to 50 years to life and recently being denied parole in 2024 due to ongoing public safety concerns, Williams filed a petition for recall and resentencing in 2025 under current law. Because of this loophole, his case could be transferred to juvenile court for resentencing—even though he is now nearly 40 years old and has served less than half of his sentence. This outcome undermines accountability and was never the intent of the Legislature when it enacted recall and resentencing statutes.

Photo of DA Summer Stephan with Assemblymember Dr. Darshana Patel and Phil Ortiz

Photo of DA Summer Stephan with Assemblymember Dr. Darshana Patel and Phil Ortiz

Phil Ortiz, who was a student at Santana High School and survived the shooting in 2001, also testified in front of the Public Safety Committee in support of AB 1959. He is now an El Cajon City Councilmember.

“Assemblymember Patel, DA Summer Stephan and their staff are ensuring justice is balanced,” Ortiz said. “The victims of the shooting at Santana High School have no ability to be free from their physical, mental and emotional wounds, including Randy Gordon and Brian Zuckor who were killed. Therefore, perpetrators shouldn’t be free from the consequences of their actions. The damage to the victims is permanent and the consequences to the perpetrators should be permanent as well.” 

The bill is a targeted, balanced response that restores the court’s discretion to weigh factors related to rehabilitation, youthful offender factors, and public safety and ensures the most serious offenses receive appropriate accountability while maintaining judicial oversight and the possibility of rehabilitation for deserving youth.

“AB 1959 seeks to close a loophole within resentencing law that has recently been exploited in San Diego County by a school shooter at Santana High School in 2001,” said Assemblymember Patel. “San Diegans deserve to have faith in their justice system to ensure that violent offenders that do not show remorse do not have a loophole to exploit and avoid accountability.”

The San Diego County District Attorney’s Office remains committed to advocating for policies that balance fairness with accountability while prioritizing the safety of all communities.

AB 1959 passed the Assembly Public Safety Committee and will now advance to the Assembly Appropriations Committee for further consideration.

Exploited and Underpaid: Two Charged for Trafficking Elder Care Workers in Around-the-Clock Labor Scheme

San Diego County District Attorney Summer Stephan announced human trafficking and wage theft charges today against two defendants who were taking advantage of the immigration status of their workers, forcing them to work around the clock without the pay required under California laws. View today’s news conference, here.

Rolando “Bobby” Solancho Corpuz, 57, and Maria Elsabel Sio Corpuz, 41, who are the administrators of two residential care facilities for the elderly in Vista and Escondido have each been charged with six counts each of wage theft and human trafficking.

“This case is a chilling example of human trafficking hiding in plain sight within our community,” DA Stephan said. “These defendants didn’t just steal wages, they stripped away the dignity and fundamental rights of vulnerable individuals, leveraging their immigration status as a weapon of exploitation. The defendants forced human beings to work around the clock for a pittance, while pocketing $175,000 of their hard-earned pay. In San Diego County, we will not tolerate the exploitation of those who care for our elderly, and we remain dedicated to ensuring that those who profit from human trafficking and theft of labor are held fully accountable.”

An investigation began after one of the workers contacted the Pilipino Workers Center to initiate a complaint against her former employers. The Pilipino Workers Center referred the investigation to San Diego County’s Office of Labor Standards and Enforcement who recognized elements of criminal violation of the law and transferred it to the San Diego District Attorney’s Office Workplace Justice team.

One victim worked at Rose Garden in Vista and Rose Garden Capo in Escondido from May 2023 until June 2024. The victim reported she was paid $150 a day to work six to seven days a week, 24 hours a day. The victim agreed to a monthly deduction from her wages with the understanding that the defendants would use those funds to retain an immigration attorney to help the victim become a legal permanent resident.

The victim was required to live at the facility and share a room with one of the patients. The victim would cook, clean as well as feed, bathe, and change the diapers of the patients. The victim was required to administer medication to patients as well as give patients insulin injections, even though the victim did not possess certifications or training that qualify her as a caregiver.

The victim contacted the immigration attorney and was told they were paid approximately $3,900 despite the victim having had over $19,000 withheld from her pay. The California Department of Industrial Relations performed an audit that determined the victim is owed over $175,000 in unpaid wages.

The investigation revealed two additional victims of this labor trafficking scheme who reported similar working conditions and illegal pay. These individuals were also required to care for patients after their shift, providing care for the patients throughout the night.

The investigation concluded that these employees were paid daily wages, which was not in accordance with California minimum wage laws. In addition, they were required to work overnight due to the patients needing 24-hour care. They were not compensated for overtime or paid even the minimum wage for the 24-hour work shift.

“Pilipino Workers Center is standing with these courageous Filipino home care workers who are taking action to hold exploitative employers accountable so that other workers are not exploited in the same way,” said Aquilina Soriano-Versoza, Executive Director of the Pilipino Workers Center. “They are showing that it is possible for workers to file wage claims and win, and that the more workers stand up, employers will know there are real consequences to committing wage theft and other labor violations.”

Collaboration with other county agencies and community organizations helps bring these cases to light.

“Our partnership with the District Attorney’s Office is essential to making sure employers who exploit workers are held accountable,” said Branden Butler, Director of the County Office of Labor Standards and Enforcement. “When labor violations cross the line into criminal behavior, coordinated action is critical. These cases have profound impacts on workers and their families, and we remain committed to delivering meaningful justice and ensuring safe, fair conditions for every worker in San Diego County.”

The defendants were arrested on March 26. They pleaded not guilty at today’s arraignment and will be in court again on May 14 for a readiness hearing. If convicted, they face a maximum term of 19 years and four months in prison.

This case is the result of an investigation by the San Diego County District Attorney’s Office Workplace Justice Unit. Deputy District Attorney David Vallero is prosecuting this case and District Attorney Investigator Yvette Gaines is the lead investigator. The investigation led to three search warrants that were simultaneously served and shows that there is a potential for many more victims of this labor trafficking and exploitation scheme. The DA’s Office is calling on any former employees who believe they were a victim to come forward. Reports can be made by calling or emailing Investigator Gaines at 619-531-3515 or Yvette.Gaines@sandiegoda.gov.

The DA’s Office requested the assistance of Department of Social Services Community Care Licensing Division to be on site to ensure the elderly residents of the Rose Garden facilities were receiving proper care.

Rose Garden Vista, located at 1266 Pleiades Dr., Vista, and Rose Garden Capo, located at 28688 Mountain Meadow Road, Escondido.

View today’s news conference, here.

DA, San Jose Mayor, Senator Blakespear & Treatment Providers Join Forces Calling for State to Fund Prop. 36

San Diego County District Attorney Summer Stephan joined with San Jose Mayor Matt Mahan, leaders and participants in behavioral health treatment, and the small and large business community to update the public on San Diego’s successful implementation efforts of Proposition 36 and to call on the state to fully fund this transformative voter-passed initiative.

California voters made their will clear in passing Prop. 36, but the state has yet to provide sufficient funding for full implementation across all counties, leaving people struggling with severe addiction and mental illness, often driving homelessness to cycle repeatedly through the criminal justice system.

“San Diego County has shown through a year of persistent implementation that Proposition 36 works—saving lives and reducing crime by incentivizing treatment for addiction and mental health,” DA Stephan said. “Even without state funding, we moved forward, balancing compassion with accountability. The results are clear: 96.4% of eligible felony defendants chose a treatment track, while only 3.5% were sentenced to local or state prison. Overdose deaths among people experiencing homelessness dropped 25%, and property crimes decreased 12.7%, giving businesses much-needed relief. It is now the legal and ethical responsibility of the Legislature and Governor to fund this voter-approved law.”

During a news conference, DA Stephan provided an update on Prop. 36-related prosecutions, highlighting the mandated treatment aspect of the law that incentivizes lifesaving treatment for defendants suffering from addiction. The law requires treatment as an alternative to incarceration, addressing the root cause of many crimes.

“I’m deeply grateful to County Behavioral Health Services, the Court, the Sheriff’s Office, and County Probation, whose partnership is essential to making Proposition 36 work.”

DA Stephan also praised California State Senators Catherine S. Blakespear, Susan Rubio and Thomas J. Umberg, who have called for $400 million to be added to the state budget to help counties and local law enforcement agencies pay for licensed drug and alcohol treatment and other services required under Proposition 36. The DA thanked Mayor Mahan who was one of the first big city mayors to support the new law and to push for funding and implementation of this initiative.

Data released last month shows that as of February 28, 3,879 criminal cases have been charged in San Diego County with one of the two key portions of Prop 36: repeat theft offenders charged under Penal Code section 666.1 and repeat hard drug offenders charged under Health and Safety Code section 11395. About 68% of the cases fall under drug charges, with the remainder pertaining to retail theft.

In approximately 71.4% of cases, courts placed defendants on a Proposition 36–mandated treatment track, with another 25% assigned to treatment through probation conditions—bringing the total to 96.4% on a treatment path designed to address the root causes of repeat criminal behavior, primarily addiction, mental illness, or both.

In addition to Mayor Mahan, DA Stephan was joined at the news conference by James Callaghan, the CEO of TURN Behavioral Health Services, a dual track treatment program for individuals with severe mental illness and/or a chronic substance use disorder; Chirs Cate, the CEO of the Regional Chamber of Commerce, business owners and an individual who successfully completed treatment.

Mayor Mahan has been committed to supporting his city and the state to properly fund and implement Prop. 36 and to reduce homelessness.

“The nearly 70% of voters who passed Prop. 36 were clear: we need an era of mass treatment that combines accountability with real access to care and meets people where they are while refusing to abandon them to the streets,” said San Jose Mayor Matt Mahan. “San Diego has worked hard to answer to the will of the people — now, we need the rest of the state to follow suit. I’m looking forward to seeing what’s working in Southern California and talking about how it can scale to every corner of California.” 

In San Diego County, Mayor Todd Gloria and nearly all local mayors support the proposition.

Over the past decade, California’s homelessness crisis has worsened even as other parts of the country saw periods of decline, underscoring the need for more effective tools to address addiction and connect people to treatment.

“Californians made it abundantly clear that funding and implementing Proposition 36 should be a top state priority,” said Senator Catherine S. Blakespear. “Last year’s $100 million initial investment was a good first step but the State needs to fully fund the critical needs of those on the ground doing the diversion, supervision, and treatment work associated with this law.

Officials say licensed drug and alcohol treatment along with supportive services and evidence-based care help people reclaim their lives.

“This is not only a health issue — it’s a community issue,” Callaghan said, the CEO of TURN Behavioral Health Services. “Untreated behavioral health conditions contribute to overdoses, homelessness, repeated emergency response, and strain on law enforcement and hospitals. Integrated, evidence‑based treatment reduces emergency room visits, lowers recidivism, and helps people stabilize long enough to reconnect with housing, employment, and family supports. When people receive the right care at the right time, communities are safer and systems function more effectively.”

San Diego County has been implementing Prop. 36 faster than many California counties, establishing a specialized treatment system within four months of the law’s passage to address both addiction and mental health.

“Through leadership and collaboration, San Diego County is emphasizing a treatment-first approach for drug offenses with equal access to treatment for the rich and the poor, DA Stephan said. “San Diego has pushed forward and proven that Prop. 36 can work. We need leaders to stand up and demand Prop. 36 be funded.”

Key elements of San Diego’s implementation include:

  • Faster Implementation: San Diego established a specialized treatment plan for Prop 36 offenders within four months, leading the state.
  • High Treatment Enrollment: About 96% of eligible defendants in San Diego are engaging in the treatment track through deferred judgment or probation.
  • Focus on Drug Rehabilitation: The San Diego DA has been charging over 80% of Prop. 36 cases under the umbrella of drug-related offenses, prioritizing addiction treatment over immediate incarceration.
  • Leveraging Drug Courts: Expanding Drug Court to manage the influx of participants.
  • Proactive Planning: Recognizing potential capacity issues, we began mapping out treatment needs early to address addiction and recidivism effectively.

Prop. 36 has made a difference to local businesses and prosecuting habitual offenders is making stores and the community safe.

“I have noticed a complete 180-degree turn on two things surrounding our businesses: homeless activity is down and shoplifting and theft are down,” said Tony Konja, president of Keg N Bottle and Chairman and CEO of the Neighborhood Market Association. “It’s simply amazing how policy coupled with enforcement equals peace.”

Prop. 36, which passed with 68 percent of the vote in 2024, took effect in December of the same year. The DA’s Office has been committed to successfully implementing the transformational proposition in partnership with the Sheriff, the county’s police chiefs, the court and the community. The measure:

  • Provides stricter consequences for repeat theft offenders, those who are committing smash and grab retail crimes, and organized theft rings, to help stop the cycle of recidivism.
  • Requires convicted dealers of fentanyl and hard drugs to receive a warning that the next time they sell illegal drugs, and someone dies, they will be held responsible for a victim’s death. The law provides additional consequences for illegal drug dealers who cause great bodily injury or death, who carry firearms while dealing narcotics, or are involved in the distribution of unusually large quantities of narcotics.
  • Incentivizes lifesaving treatment for defendants suffering from addiction by creating the new Treatment Mandated Felony that offers treatment as an alternative to incarceration for those who illegally possess hard drugs like fentanyl and methamphetamine, addressing the root cause of many crimes.

More information about the ongoing implementation of Prop. 36, including monthly updated data, can be found on the DA’s website here.

 

 

DA, One Safe Place and the Consulate General of Mexico in San Diego Sign Updated Agreement to Support Victims

San Diego County District Attorney Summer Stephan and Ambassador Alicia Kerber Palma, Consul General of Mexico signed today a renewed Memorandum of Understanding (MOU) that strengthens a vital partnership between the San Diego County District Attorney’s Office One Safe Place: The San Diego County Family Justice Centers, and the Mexican Consulate. The updated agreement reinforces a collaborative commitment to support victims of crime who live, work, or travel on both sides of the U.S.–Mexico border.

The MOU formalizes continued cooperation to connect victims of domestic violence, sexual assault, human trafficking, child abuse, and other forms of victimization with critical services in the region. Through this partnership, the institutions will coordinate outreach, share resources, and provide cross-referrals to ensure victims can access culturally sensitive support services regardless of which side of the border they are on.

“Every day, thousands of people move between San Diego and Tijuana for work, school and family, likewise, crime and victimization do not stop at the border, and neither should our support for victims of domestic violence, human trafficking and elder abuse,” said District Attorney Summer Stephan. “Through this partnership between One Safe Place and the Mexican Consulate, we are strengthening a cross-border network of care so victims can access safety, services and justice wherever they are. Our goal is to ensure that no human being falls through the cracks because of geography or language. Our continued collaboration with the Mexican Consulate and innovative leader Consul General Alicia Kerber Palma strengthens trust within our binational community and ensures that victims who come to One Safe Place receive help in their language, in a culturally responsive way, and with a focus on safety, justice and healing.”

Since opening in July 2022, One Safe Place: The North County Family Justice Center in San Marcos and then in October 2025, One Safe Place: The South County Family Justice Center in National City, the DA’s two family justice centers have served over 12,000 victims and survivors by providing comprehensive support services under one roof. The centers offer assistance to individuals affected by domestic violence, child abuse, sexual assault, elder abuse, hate crimes, human trafficking, violent loss, and other forms of victimization. Services include legal assistance, counseling, advocacy, and connections to community resources, all designed to support survivors on their path toward safety and healing.

“Providing assistance and protection to the Mexican community is our highest priority, and the MOU that we have signed with the San Diego County District Attorney’s Office is a strong additional tool with which the Consulate strives to facilitate legal resources, advice, and a more effective access to justice for Mexican nationals and their families who are victims of domestic violence, abuse, trafficking and other crimes,” said Ambassador Alicia Kerber Palma, Consul General of Mexico in San Diego.

The Mexican Consulate in San Diego continues to play an important role as a partner at One Safe Place, participating in community outreach, prevention initiatives, and providing consular services for Mexican nationals. Consulate staff also collaborate on educational events such as “Cafecito Con La Comunidad,” a monthly gathering that connects the community with resources, information, and support services.

One Safe Place: The North County Family Justice Center is located at 1050 Los Vallecitos Blvd., San Marcos, CA 92069.  The center is open Monday through Friday from 8 a.m. to 6 p.m. and the first Saturday of the month from 8 a.m. to 12 p.m.

One Safe Place: The South County Family Justice Center is located at 401 Mile of Cars Way, National City, CA 91950. The center is open Monday through Friday from 8 a.m. to 6 p.m. and the second Saturday of the month from 8 a.m. to 12 p.m.

Walgreen Co. Resolves Allegations of Price Overcharges and Selling Expired Products

San Diego County District Attorney Summer Stephan announced today that Walgreen Co., which does business in California as Walgreens, has entered into a stipulated modification of a prior judgment in a consumer protection case brought by a team of California prosecutors. Walgreens will pay $6 million to settle a civil law enforcement investigation that alleged the largest American pharmacy retailer engaged in false advertising and unfair competition in California.

The update to the prior 2018 modified judgment was filed in Santa Clara County Superior Court by a team of prosecutors from Northern and Southern California including the District Attorneys of San Diego, Alameda, Contra Costa, San Bernardino, San Joaquin, San Mateo, Santa Clara, Santa Cruz and Yolo counties. Walgreens operates approximately 580 stores in California, 18 of which are in San Diego County.

The investigation centered on allegations that the retailer unlawfully charged customers prices higher than their lowest advertised or posted price and sold expired over-the-counter medicines. The District Attorneys’ investigators found that Walgreens sold expired over-the-counter medicines, such as aspirin, sunscreen and hand sanitizer. The effectiveness of some over-the-counter medicines may be reduced after the expiration date has passed.

“Our Consumer Protection Unit continues to fight for San Diegans,” DA Stephan said. “We need to be confident that retailers are not selling expired over-the-counter medications. This modified judgment requires Walgreens to take concrete steps that protect our community’s health.”

The updates to the modified judgment include an injunction that prohibits Walgreens from engaging in false or misleading advertising and additional measures to promote price accuracy and the removal of expired products from the store shelves. The measures include extensive store audits of all stores in California and a scanner price guarantee: “IF AN ITEM SCANS AT A HIGHER PRICE THAN THE ADVERTISED PRICE, AND THE ADVERTISED PRICE IS GREATER THAN SIX DOLLARS ($6), [WALGREENS] WILL GIVE YOU A SIX DOLLAR ($6) MERCHANDISE CARD. IF THE ADVERTISED PRICE IS SIX DOLLARS ($6) OR LESS, YOU WILL RECEIVE THAT ITEM FOR FREE.” The price guarantee does not apply to some products such as alcohol. The judgment also requires the pharmacy to pay $5.4 million in civil penalties and $600,000 in costs to cover the weights and measures and expired products investigation.

The San Diego County Department of Agriculture/Weights and Measures is the agency that inspects Walgreens stores throughout San Diego County and is instrumental in monitoring retailers to make sure that consumers are charged the correct price. Consumers may report weight issues to Weights and Measures online by using the General Consumer Complaint Form or by calling 1-888-TRUE-SCAN (878-3722) (toll free) or e-mail wm.awm@sdcounty.ca.gov.

Deputy District Attorney Kathryn Turner was the prosecutor for the San Diego County District Attorney.

DA, FBI, and HHS-OIG, Shut Down Medical Center Committing Healthcare Fraud

San Diego County District Attorney Summer Stephan announced criminal charges today against  Kim Huynh, 51, who was bilking Medicare and insurance companies through phony billing practices, money laundering and practicing medicine without a license. In all, the defendant billed more than $11 million for tests and treatment not covered under insurance plans.

Huynh directed the medical billers in her clinic, Tubi Connect, Inc., to submit claims of service for EEGs, which are scans used to diagnose conditions such as epilepsy or seizure disorders a service they did not provide, rather than the quantitative electroencephalogram (QEEG) scans her clinic performed. QEEGs are not covered by Medicare or private supplemental insurance, except under limited and exceptional circumstances.

“When someone steals millions of dollars from our healthcare system, it diverts critical resources away from patients who truly need care and undermines public trust,” DA Stephan said. “This defendant brazenly billed more than $11 million in fraudulent claims, laundered the proceeds, and operated a clinic that was practicing medicine without a license. That kind of deception puts consumers at risk from both the misappropriation of taxpayer dollars and patient safety at risk. Our DA’s office worked tirelessly alongside the FBI and the U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG) to uncover this scheme and hold the defendant accountable. Those who exploit the healthcare system for personal gain will be investigated, prosecuted, and brought to justice.”

Huynh owned and operated medical centers located in San Diego, Orange County and Texas, called Tubi Connect, Inc. The clinics provided medical care to neurodivergent senior citizens through neurofeedback therapy, an unproven experimental form of therapy in which a patient undergoes multiple quantitative electroencephalogram scans of their brain with the intent of retraining their brains to normalize activity. The scans were performed by unlicensed technicians, and the results were “interpreted” by clinic co-owner, Iman Shirali, who would present himself as doctor, though he had no medical training or certification. Shirali has since died.

“The extensive fraud perpetrated against our health care system allegedly committed by Kim Huynh is unconscionable,” said TJ Holland, Acting Special Agent in Charge of the FBI San Diego Field Office. “The FBI is committed to investigating fraud against the government, to include health care fraud, using all our available resources. Today’s charges are the result of FBI San Diego and our partners at the U.S. Department of Health and Human Services and the San Diego County District Attorney’s Office working together to uncover Huynh’s criminal scheme and hold her accountable.”

By claiming to provide the services that she did not render, Huynh fraudulently billed Medicare over $10 million resulting in more than $4.6 million being paid. Private insurance carriers were billed for more than $600,000 resulting in more than $100,000 being paid.

“Billing Medicare for unproven treatments, fabricated neurological testing, and services performed by unqualified individuals is a serious breach of trust,” said Robb R. Breeden, Special Agent in Charge of the Los Angeles Regional Office of the U.S. Department of Health and Human Services, Office of the Inspector General (HHS-OIG). “HHS‑OIG will continue to work with our law enforcement partners to hold accountable those who exploit vulnerable beneficiaries and defraud federally funded health care programs.”

Huynh was arrested on March 11. She pleaded not guilty at today’s arraignment. Her bail was set at $750,000 and will be in court again on March 18, 2026, for a bail review hearing. If convicted, she faces 14 years in prison.

This case is the result of a two-year joint investigation between the San Diego County District Attorney’s Office, Federal Bureau of Investigation, and U.S. Department of Health and Human Services, Office of the Inspector General (HHS-OIG). Deputy District Attorney Jonathan Fraenkel is prosecuting this case.

DA Calls on Legislature to Fix the Mental Health Diversion System by Supporting Assembly Bill 46

San Diego County District Attorney Summer Stephan is joining the California District Attorneys Association in their statewide call for the California Legislature to pass common sense mental health diversion (MHD) legislation, Assembly Bill 46. This legislation is sponsored by the Sacramento County District Attorney’s Office, and co-sponsored by many district attorneys’ offices across the state, including the San Diego County District Attorney’s Office. The bill closes legal loopholes in California’s mental health diversion law by restoring judicial discretion and ensuring the program provides treatment while protecting community safety.

Across California, reports have shown tragic cases in which dangerous individuals were granted mental health diversion only to commit violent crimes later – including murder, attempted murder, domestic violence and more. The following are three case examples in San Diego County, where the defendants should not have been in a position to victimize individuals but were on mental health diversion and then committed violent acts:

  • Downtown San Diego –Grant Parker, 34, stabbed and killed a victim outside of a hotel in downtown San Diego while on mental health diversion for threatening to kill his mother with a knife, carjacking and attacking a cellmate. The defendant was later involved in a self-inflicted hanging incident.
  • La Jolla and Bay Park -Ty Nadelen, 20, committed a series of hot prowl residential burglaries in La Jolla using stolen vehicles and was granted mental health diversion. While on mental health diversion, he attacked his grandmother with a hammer in Bay Park.
  • Vista and North Park – Priscilla Loza, 46,was on two grants of mental health diversion for carjacking in Vista and vehicle theft when she attacked a 70-year-old man in a vehicle with a wooden board in North Park.

Mental health diversion, created under Penal Code §1001.36, was designed to help individuals suffering from mental illness receive treatment instead of incarceration. However, recent court rulings and statutory limitations have significantly restricted judges’ ability to deny diversion – even in serious and violent cases – leaving courts with limited authority to evaluate whether diversion is truly appropriate.

“Mental health diversion was created to provide treatment for individuals whose crimes are driven by mental illness, but it was never intended to put victims and communities at risk,” said San Diego County District Attorney Summer Stephan. “Unfortunately, gaps in the current law have removed the ability of judges to use their discretion in cases where diversion is clearly not appropriate. Assembly Bill 46 restores common-sense safeguards so courts can ensure that treatment is provided to those who truly need it, while protecting public safety and preventing dangerous outcomes.”

Under current law, once a defendant meets certain statutory criteria, judges have very limited discretion to deny diversion. Courts have even been forced to approve diversion in cases where no clear treatment plan exists, community safety is at risk, or where defendants have failed prior treatment effortsdue to how the statute is written and interpreted by appellate courts.

Further, once a defendant completes Mental Health Diversion, the crime is removed from the defendant’s criminal history, removing accountability for dangerous crimes as if the crime was never committed. This puts victims, law enforcement and communities at risk if the program is not implemented properly.

AB 46 addresses these concerns by allowing courts to consider whether a defendant poses a substantial and undue risk to the physical safety of another person and whether the proposed treatment plan is clinically appropriate to address the mental health condition that contributed to the crime.

AB 46 will be heard in the Senate Public Safety Committee on March 17. Members of the public can watch the hearing live at 8:30 a.m. at: https://spsf.senate.ca.gov/committeehome

Read the CDAA letter of support here. For more information about the mental health diversion loophole visit www.placer.ca.gov/MHD.

Three Gang Members Sentenced to Life Without Parole for Multiple Murders

San Diego County District Attorney Summer Stephan announced today that the three gang members involved in multiple shootings and killings have been sentenced to life without parole for the murders of three rival gang members.

Defendants Ethan Apan, 33, Kristian Apan, 32, and Ismael Betancourt, 25, were convicted last May after an 11-week jury trial in which jurors found them guilty of multiple counts of murder, conspiracy to commit murder, attempted murder, shooting at an occupied vehicle, assault by means likely to cause great bodily injury and several other felony counts.

The sentencing breakdown is:

  • Ethan Apan was sentenced to two terms of life without the possibility of parole plus a term of 132 years-to-life in state prison
  • Kristian Apan was sentenced to one term of life without the possibility of parole plus a term of 107 years-to-life in state prison
  • Betancourt was sentenced to two terms of life without the possibility of parole plus a term of 139 years-to-life in state prison

“Today sentencing brings to a close the gang warfare the plagued a small South Bay city with murders, shootings and retaliation,” DA Stephan said. “I am grateful to our prosecution team, Robert Eacret and Abrey Zora,” who expertly navigated the complicated underworld of gang activity to bring justice for these senseless killings.”

During their National City shooting rampage in 2019 and 2020, the trio killed Joaquin Ruiz, Marco Magana, and Juan Galvan, and severely injured Julio Martull, James Mullens, and Adan Duke. The initial killing of Ruiz was in retaliation for a rival killing a week prior. But the hunt down set off a wave of violence that included the three defendants routinely driving into rival gang territory to commit shootings, often mistakenly shooting innocent bystanders.

After a joint investigation between four San Diego Police Department Homicide Teams, the National City Police Department, and the District Attorney’s Office’s Gangs Unit, Ethan Apan, Kristian Apan, Ismael Betancourt, and six fellow gang members were arrested for their involvement and prosecuted for this string of shootings.

Prior to the trial, several co-defendants pleaded guilty and were sentenced for their involvement in the shootings.

  • Jorge Sanchez, 23 was sentenced to 105 years-to-life in state prison
  • John Anthony Orozco, 32, was sentenced to 38 years in state prison
  • Raymond Sandoval, 36, was sentenced to 20 years in state prison
  • Daisy Diaz, 28, was sentenced to 12 years in state prison

The District Attorney’s Gangs Division prosecutes complex murder cases and other serious crimes perpetrated by violent gang members who terrorize neighborhoods. These cases are handled by one prosecutor from beginning to end – also called vertical prosecution.

Deputy District Attorneys Robert Eacret and Abrey Zora prosecuted this case.

 

DA Doubles Down on Consumer Protection

San Diego County District Attorney Summer Stephan today recognized National Consumer Protection Week (March 1 – March 7), and said her office is doubling down on its commitment to protecting consumers and is reminding residents that speaking up about scams, fraud, and unfair business practices helps protect the entire community.

“Consumer protection is about standing up for everyday people who were misled, overcharged, or taken advantage of,” said Summer Stephan. “When a company breaks the law, the harm is not abstract — it affects families who trusted what they were told and worked hard for their money. Our Consumer Protection Unit fights to hold companies who sideline the rules to unfairly enrich themselves accountable and to recover money for the people who were harmed. Our team of specialized prosecutors and investigators fights against big companies with armies of lawyers and win the battles for our everyday neighbors.”

“But these cases often begin with one person speaking up. A retiree who feels something isn’t right, a small business owner who notices a deceptive practice, or a neighbor who refuses to stay silent after being misled. During National Consumer Protection Week, I want everyone in San Diego County to know that your voice matters. When you report wrongdoing, you help us uncover patterns of misconduct, stop bad actors, and protect thousands of other consumers from being harmed.”

The District Attorney’s Consumer Protection Unit investigates unlawful business practices, and environmental abuses and pursues both civil and criminal cases against companies and individuals who defraud consumers. These actions can lead to restitution for victims, financial penalties for violators, and criminal charges when appropriate.

Recently, the DA’s Office secured a major consumer protection victory in a multi-county enforcement action involving Vivint Solar. The company agreed to a $4.3 million settlement, including a $3 million restitution fund for eligible consumers who lost money under certain solar power purchase agreements. This case demonstrates how enforcement actions can provide real financial relief for consumers harmed by deceptive practices.

The DA’s Consumer Protection Unit works to safeguard consumers and honest businesses by investigating and prosecuting unlawful business practices. The unit handles cases involving:

  • Scams targeting seniors, investigated through a first of its kind in the nation specialized Elder Justice Task Force
  • False or misleading advertising
  • Cyber scams, handled by the office’s specialized CATCH cybercrime team
  • Unfair pricing or billing practices, including those that occur after natural disasters
  • Deceptive contract terms or sales tactics including automatic renewal charges and scary debt collection tactics
  • Environmental violations, such as illegal disposal of toxic waste

Over the past year, the District Attorney’s Consumer Protection Unit has taken significant action against businesses that violated consumer protection laws, including:

  • More than $13.6 million in consumer protection judgments against multiple companies
  • Criminal fraud charges filed against a business owner who cheated customers
  • A $1 million settlement for overcharging consumers at the point of sale
  • A $3 million consumer restitution fund secured in the Vivint Solar case

These outcomes reflect meaningful consequences for businesses that break the law and real relief for consumers who have suffered financial harm.

Most consumer protection investigations begin with a complaint from a member of the public. When residents report suspicious business practices, it helps investigators identify patterns of misconduct that might otherwise go unnoticed. While the District Attorney’s Office cannot act as a private attorney for individual disputes, consumer complaints frequently form the basis for broader enforcement actions that protect thousands of people.

Residents who believe they have been misled or harmed by a company are encouraged to report it. To file a consumer complaint:

Submit a complaint online:

https://www.sdcda.org/preventing/consumer-protection/

Call: (619) 531-3507

Email: consumer@sdcda.org

Meet District Attorney Investigator Helen Williams

In honor of Black History Month, which is celebrated throughout the month of February, the DA’s Office is featuring stories of employees and what inspired them to pursue a career in public service.

Meet District Attorney Investigator Helen Williams, who was born and raised in San Diego.

While at San Diego State University, she worked with teens at Juvenile Court and Community Schools, adolescents with disabilities as a teacher’s aide, and the Probation Department’s Repeat Offender Prevention Program (ROPP). After graduating from SDSU, she first joined the DA’s Office in 1999 as an Account Services Representative with Child Support Services, then served nearly 20 years as a Deputy Sheriff with the San Diego Sheriff’s Office.  Then, she returned to the DA’s Office in 2019 as a District Attorney Investigator in Family Protection. She is currently a DA Investigator with the Sexual Assault Felony Enforcement (S.A.F.E.) Task Force in the Sex Crimes and Human Trafficking Division, where she oversees enforcing sex offender registration laws and enhancing public safety. She monitors registered offenders, conducts compliance checks, supports public notifications, and assists Deputy District Attorneys with Sexually Violent Predator (SVP) investigations, court hearings, and Community Safety Team meetings for conditionally released SVPs.

What inspired you to choose a career in law enforcement/at the DA’s Office?  

Growing up amid prevalent gang violence, I saw how it impacted good families and neighbors in my community. My student role on Probation’s ROPP team gave me firsthand insight into juvenile offenders’ underlying challenges, motivating me to be part of the solution. I chose law enforcement to protect and uplift my community, and the DA’s Office to fight for victims of child abuse, sexual assault, and domestic violence—honoring my family’s legacy of service through fairness and justice.”

What is your favorite part of the job?  
“One of the most meaningful parts of my job is connecting with survivors of sexual assault and child abuse. Many Sexually Violent Predator (SVP) cases reach back decades, with some survivors victimized as children. Being trusted with their stories and healing journeys is deeply humbling. Law enforcement has made tremendous progress—embracing new technology, trauma-informed practices, and stronger victims’ rights protections. I prioritize making survivors feel seen, heard, and in control, while supporting Deputy District Attorneys as they fight for justice, accountability, and community safety. What stays with me most are moments when survivors share their strength and the lives they’ve built beyond their trauma.”

What does Black History Month mean to you, why is it important to you? 

“For me, Black History Month is both celebration and reflection. As a Black woman of Japanese and African American roots in law enforcement, it symbolizes strength, perseverance, and progress. I take deep pride in my family’s legacy—my father raised in the Jim Crow South, my grandfather as one of Savannah’s first Black dentists, and my uncle’s Great Migration journey to New York Supreme Court judge. Their resilience inspires my 26 years of service and commitment to fairness, integrity, and representation. Black History Month honors trailblazers who opened doors and challenges us to carry their legacy forward through our work, justice, community leadership, and service.”