In this week’s DA News Update, DA Summer Stephan discusses two recent cases where justice was served: The defendant in a deadly carjacking in Coronado was sentenced and a Pacific Beach rapist was denied parole.
San Diego County District Attorney Summer Stephan announced today that convicted rapist, Kenneth Bogard, 67, was denied parole. He was up for a parole hearing after serving only 30 years of a 96-year prison sentence, due to elderly parole, which is available to inmates over the age of 50, who have served at least 20 years of their sentence.
Bogard was convicted by a jury in 1995 of 37 felonies, including multiple counts of residential burglary, assault with a deadly weapon, sexual battery, forcible oral copulation, rape by foreign object, assault with intent to commit rape, and rape. He was sentenced to 96 years in prison. His first parole hearing was in 2019. At that time, the Parole Board denied his request and set his next hearing for five years later, which was today, October 10.
“The Elder Parole law that allows for early release of murderers and rapists is cruel to crime victims and is rigged to only benefit violent criminals,” DA Stephan said. “This newer law forces victims and their families to revisit the trauma they have already suffered and causes additional despair. It doesn’t matter what kind of vicious acts for which the inmate was convicted. The law gives an opportunity to felons who were sentenced to life in prison to be prematurely released into our community. Our Lifer Unit will never abandon victims and we will continue to stand by them in these early parole hearings, vowing to fight releases when warranted, as we are in this serial rape case.”
Effective January 2021, inmates who are both age 50 and have served at least 20 years in prison are now eligible for an elderly parole hearing in most cases. Inmates who are 60 and have served at least 25 years are also eligible for an elderly parole hearing, no matter the crime.
Between August 1992 and October 1993, Bogard brutally attacked seven women inside their homes in the Pacific Beach community. He stalked his victims prior to the attacks, sometimes watching them for weeks. He disguised his identity with a ski mask, carried a knife to force the victims into submission, and viciously forced them to perform sex acts. Bogard stalked the women to ensure they were home alone, then he creeped into their homes without detection before attacking. After the cruel sexual attacks, Bogard often tucked the victim into bed saying “Goodnight” or reminding the victim to lock her doors and windows.
Since Bogard was denied parole, the Board of Parole Hearings will not set a new parole hearing for at least three years.
Deputy District Attorney John Cross leads the DA’s Lifer Hearing Unit, which serves to ensure that dangerous prisoners with life sentences are not released carelessly or improvidently, and to ensure that crime victims and their families are given an opportunity to participate in the parole hearing process and have their voices heard.
San Diego County District Attorney Summer Stephan said today that the Santana High School shooting defendant who opened fire at the school in Santee, California in March 2001 with a
revolver, killing two students and wounding 13 others was denied parole after an eight-hour hearing this morning in which 22 victims testified. After the hearing to weigh suitability for release, parole officials denied 38-year-old Charles “Andy” Williams’ request and said he should not be up for consideration again for another three years.
“I’m grateful to the Parole Board for listening to the victims in this case whose lives were forever changed by the defendant’s premeditated and cruel acts that terrorized an innocent school campus,” DA Stephan said. “Neither the 13 wounded victims nor the families of the two murdered students can regain what the defendant took from them.”
Williams was sentenced to 50 years-to-life in prison in June 2002. His parole hearing comes exactly 23 years since the mass shooting. His chance at parole is due to a change in state law that altered sentencing guidelines for juveniles who were tried as adults. In Williams’ case, the Youthful Parole law requires that any juvenile who was charged as an adult and received a life sentence has a chance at parole no later than 25 years into their sentence. Williams was 15 when he committed the crime.
In today’s hearing, the District Attorney’s Office argued that Williams remains an unreasonable risk and danger to society. Twenty-two victims who suffered as a result of the school shooting attended the video hearing and provided victim impact statements regarding the effects of the shooting.
The DA’s Lifer Hearing Unit has two main goals: to ensure that dangerous prisoners with life sentences are not released carelessly or improvidently, and to ensure that crime victims and their families are given an opportunity to participate in the parole hearing process and have their voices heard.
When a defendant is given a life sentence, the Lifer Hearing Unit processes the case to ensure that it is ready for future parole suitability hearings. This involves preserving victims’ statements and documenting the gravity of the crimes to ensure the offenders serve sentences proportional to their crimes.
Last year, there were 664 lifer parole hearings scheduled in San Diego County. Of those, 96 inmates received parole grants from the California Board of Parole Hearings. The remainder of the hearings –568– resulted in denials, postponements, or stipulations to a denial of parole.
The Lifer Hearing Unit is the state-wide leader in lifer matters and San Diego County serves as the training office for other prosecutors who seek to understand the complex laws governing parole hearings.
“Our DA Lifer Unit handles these complex and often gut-wrenching hearings, led by Deputy DA John Cross who is a statewide leader in lifer law,” DA Stephan said. “The Unit does an excellent job of representing victims and working to protect the safety of our communities when violent criminals are being considered for release.”
In this week’s DA News Update, DA Summer Stephan alerts victims of the Santana High School shooting about the upcoming parole hearing scheduled for the shooter. She also talks about the importance of victims’ rights, including their right to participate in parole hearings.
San Diego County District Attorney Summer Stephan said today that in line with her office’s duties to ensure transparency and inform victims under Marsy’s law, that victims of the Santana High School shooting are allowed to attend an upcoming parole hearing for the gunman, Charles “Andy” Williams. Williams opened fire at the school in Santee, California in March 2001 with a revolver, killing two students and wounding 13 others. The DA’s Office will be representing the People at the hearing.
“Having victim voices at hearings like this are an extremely important part of the process,” said DA Stephan. “This particular crime has hundreds of victims associated with it and it’s important to us that victims are aware of their rights under the law to participate in the parole hearing if they wish to do so.”
Williams was sentenced to 50 years-to-life in prison in June 2002. His parole hearing comes exactly 23 years since the mass shooting. His chance at parole is due to a change in state law that altered sentencing guidelines for juveniles who were tried as adults. In Williams’ case, the Youthful Parole law requires that any juvenile who was charged as an adult and received a life sentence has a chance at parole no later than 25 years into their sentence. Williams was 15 when he committed the crime.
Williams’ hearing before the Board of Parole Hearings is scheduled for September 10 at 8:30 a.m.and will be held via video conference. Victims who are interested in attending the hearing must contact the Parole Board by August 26.
Victims, victims’ next of kin, family members, support persons, or designated representatives may appear and participate in the hearing by videoconference or telephone. Participation includes an option to speak at the hearing. If you would like to attend the parole hearing, you may notify the Office of Victim & Survivor Rights & Services by e-mail at victimservices@cdcr.ca.gov or by telephone at 1-877-256-6877. When notifying them of your intent to attend a hearing, please provide them with the manner by which you will participate (by videoconference or by telephone).
For more information on how to be included at the hearing, victims may contact the District Attorney’s Lifer Hearing Unit at 619-531-4115 or at SanDiegoDA@sdcda.org.
More information about Youth Offender Parole Hearings can be found here.
San Diego County District Attorney Summer Stephan announced today that convicted rapist, Kenneth Bogard, 66, is up for parole after serving only 30 years of a 96-year prison sentence, due to elderly parole, which is available to inmates over the age of 50 who have served at least 20 years of their sentence.
Bogard was convicted by a jury in 1995 of 37 felonies, including multiple counts of residential burglary, assault with a deadly weapon, sexual battery, forcible oral copulation, rape by foreign object, assault with intent to commit rape, and rape. He was sentenced to 96 years in prison. His first parole hearing was in 2019. At that time, the Parole Board denied his request and set his next hearing for five years later, which is May 22.
“The Elder Parole law that allows for early release of murderers and rapists is cruel to crime victims and is rigged to only benefit violent criminals,” DA Stephan said. “This newer law forces victims and their families to revisit the trauma they have already suffered and causes additional despair. It doesn’t matter what kind of vicious acts for which the inmate was convicted. The law gives an opportunity for felons who were sentenced to life in prison to be prematurely released into our community. Our Lifer Unit will never abandon victims and we will continue to stand by them in these early parole hearings, vowing to fight releases when warranted, as we are in this serial rape case.”
The parole hearing will be held remotely via Microsoft Teams on Wednesday, May 22 at 8:30 a.m. at the Correctional Training Facility in Soledad, Calif. (UPDATE: The parole hearing was rescheduled for October 10, 2024 at 8:30 am.)
Effective January 2021, inmates who are both age 50 and have served at least 20 years in prison are now eligible for an elderly parole hearing. Inmates who are 60 and have served at least 25 years are also eligible for an elderly parole hearing, no matter the crime.
Between August 1992 and October 1993, Bogard brutally attacked seven women inside their homes in the Pacific Beach community. He stalked his victims prior to the attacks, sometimes watching them for weeks. He disguised his identity with a ski mask, carried a knife to force the victims into submission, and viciously forced them to perform sex acts. Bogard stalked the women to ensure they were home alone, then he creeped into their homes without detection before attacking. After the cruel sexual attacks, Bogard often tucked the victim into bed saying “Goodnight” or reminding the victim to lock her doors and windows.
If Bogard is denied parole, the Board of Parole Hearings will not set a new parole hearing for at least three years. If he is granted parole, he will not be released immediately. The Governor reviews all grants of parole and can send the case back for additional review by the Board of Parole Hearings if he so chooses.
San Diego County District Attorney Summer Stephan said today that a defendant who admitted breaking into Del Mar homes and sexually assaulting women in the mid-1990s lost his bid for parole at an emotional hearing held this morning. After the hearing to weigh his suitability for release, parole officials denied 49-year-old Robert Dean Rustad’s request, and said he should not be up for consideration again for another three years.
“Two of this rapist’s victims were at the hearing today and justice was served because the panel sees this inmate is still not being truthful about his true motivation for these crimes,” DA Stephan said. “Our DA Lifer Unit handles these hearings, led by Deputy DA John Cross. The Unit does an excellent job of representing victims and working to protect the safety of our communities when violent criminals are being considered for release.”
Rustad, also known as the Del Mar Rapist, brutally raped seven women from 1992 through 1996 before he was finally caught. Most were threatened at knifepoint and tied up. One was badly beaten. He was between the ages of 19 and 22 when he committed the crimes. Rustad pleaded guilty to 36 criminal counts, including rape. He was sentenced in 1997 to a 326 years-to-life prison term but came up for parole early through the state’s Youth parole law, which considers a person’s age at the time of their offense. His last parole hearing was in 2020 when he was denied release for five years, however he came up early for this latest parole hearing by filing a Petition to Advance his hearing that was granted.
Rustad has claimed his actions were driven by a desire for a girlfriend-type relationship. “His motivation was clearly sadistic and his inability to accept that continues to make him a serious threat to society,” said DA Stephan.
The DA’s Lifer Hearing Unit has two main goals: to ensure that dangerous prisoners with life sentences are not released carelessly or improvidently, and to ensure that crime victims and their families are given an opportunity to participate in the parole hearing process and have their voices heard.
When a defendant is given a life sentence, the Lifer Hearing Unit processes the case to ensure that it is ready for future parole suitability hearings. This involves preserving victims’ statements and documenting the gravity of the crimes to ensure the offenders serve sentences proportional to their crimes.
Last year, there were 664 lifer parole hearings scheduled in San Diego County. Of those, 96 inmates received parole grants from the California Board of Parole Hearings. The remainder of the hearings –568– resulted in denials, postponements, or stipulations to a denial of parole.
In addition, the Lifer Hearing Unit tracks court activity on lifer cases and assists the Attorney General’s Office in opposing writs of habeas corpus seeking release. The Lifer Hearing Unit also submits amicus briefs on behalf of the California District Attorneys Association on important cases. The Lifer Hearing Unit is the state-wide leader in lifer matters and San Diego County serves as the training office for other prosecutors who seek to understand the complex laws governing parole hearings.
In this week’s DA Weekly News Update, District Attorney Summer Stephan talks about how a rapist was denied parole thanks to the work of the DA’s Lifer Hearing Unit. Watch more in the video.