Tag Archive for: San Diego County District Attorney

Two Men Sentenced for Organized Retail Theft

San Diego County District Attorney Summer Stephan announced today that two men were sentenced for a series of brazen organized retail theft crimes where multiple Sunglass Hut store locations were targeted, resulting in a reported loss of $238,847. Hundreds of pairs of sunglasses were stolen from nine Sunglass Hut store locations, some of which were targeted more than once.  The defendants also targeted other high-end stores, stealing more than $4,000 in shoes from Nordstrom Rack, more than $7,000 in merchandise from Bloomingdales, and over $6,000 in jackets from Burberry.

Both defendants Ernesto Louis Cruz, 27, and Jordan Guzman Lopez, 27, who pleaded guilty to robbery and grand theft charges, were sentenced to three years and eight months in state prison.

“This prosecution and prison sentence should serve as a warning that we’re holding organized retail theft crime rings accountable for the harm to retailers, their employees and community who are often traumatized by these crimes,” said DA Stephan. “Unfortunately, this is another example of ‘smash and grab’ robberies that have been on the increase in the past five years. Organized criminal rings steal large amounts of goods from businesses of all types and sizes with the intent to resell them, particularly through unregulated online marketplaces. A recent change in the law will bring a much needed fix to outdated state and federal laws that allow the unregulated sale of stolen goods online and provide little recourse to stop repeat offenders.”

DA Stephan has taken a tough stance against organized retail thieves and is continuing to explore additional ways to hold these criminals accountable amid high-profile thefts across California. Stephan participated in two national discussions to strategize ways to stop organized retail crime last year: one roundtable discussion with the Retail Industry Leaders Association and the National District Attorneys Association, and a national virtual panel discussion with the U.S. Chamber of Commerce.

Beginning in 2019, with the passage of California’s Organized Retail Theft Law (PC 490.4), the San Diego County District Attorney’s Office began a partnership with the California Highway Patrol’s Organized Retail Theft team of special investigators. Since that time, several successful prosecutions have occurred. Crews of thieves coming to San Diego from other parts of the California have been prosecuted in a single case for all crimes they committed against retail stores up and down the state, allowing prosecutors to hold the defendants more accountable for the breadth and history of their crimes.

Deputy District Attorney Steven Nguyen, from the DA’s Economic Crimes Division, prosecuted this case. The DA’s Economic Crimes Division is responsible for prosecuting a wide variety of wrongdoing, including complex fraud, organized retail theft, cybercrimes, real estate fraud, consumer, and environmental protection crimes.

Meet Paralegal Elyse Emge

In honor of Black History Month, which is celebrated throughout the month of February, the DA’s Office is featuring stories of employees and their contributions to our community. Meet Paralegal Elyse Emge who started her career at the DA’s Office in April of 2022. Prior to coming to the DA’s office, Elyse worked as a Child Support Officer at the Department of Child Support Services. Read more about what inspired her to pursue a career at the DA’s Office, below.

Why did you choose a career at the DA’s Office?

“I have always had a passion in the criminal field. I moved from Pennsylvania to California in 2018. From 2016 – 2017, I worked for the York County DA’s office as a Confidential Secretary and Extraditions Coordinator. In 2017, I was recruited by the State and went to work for the Governor’s Office of General Counsel as a Criminal Justice Specialist. In this role, I handled statewide extraditions, interstate compacts, and worked on capital cases post appeals.

I went through and witnessed a lot in my adolescence. These hardships instilled in me a desire to do what I could to work against injustices; to advocate for those who need a voice; and to do what I can to ensure the process is fair and transparent. It’s important that those responsible are held accountable for their actions and/or get the help they need.

I’d have to say the favorite part of my job is the shared sense of camaraderie amongst my colleagues. We’re working towards the same goal. I also feel like I’m part of something bigger than myself. It’s a humbling experience.”

Why is Black History Month important to you?

“Black History Month, like many months of recognition, are important because they bring awareness to the continued struggles of marginalized people. It’s important to bring awareness and remember the history of where we, as a people, have come from; to see where we are now; and continue to grow and learn from that history. It’s also important to teach the true, unadulterated facts of our past so we do not repeat those mistakes.”

Meet Administrative Paralegal Mary Dickerson-Shaw

In honor of Black History Month, which is celebrated throughout the month of February, the DA’s Office is featuring stories of employees and their contributions to our community. Meet Mary Dickerson-Shaw who is an Administrative Paralegal for the Chief of Insurance Fraud and Workplace Justice Division and has been with the San Diego County District Attorney’s Office for 15 years. Read more about what inspired her to pursue a career at the DA’s Office, below.

Why did you choose a career at the DA’s Office?

“It was a dream come true when I received the offer of employment with the Office of the District Attorney to join the crimefighting family. I have been employed with the agency for 15 years and find my career in public safety valuable.

In working as the Chief’s Administrative Paralegal, I have experienced the opportunity of being cross-designated and working on clandestine operations prosecuted under state and federal jurisdiction. My role is to focus on the orderly administration of the division by acting as the repository for confidential personnel, grant budget, audit findings, and other division documents. I find it gratifying in serving as a liaison for the Division Chief and Assistant Chief with law enforcement members, task force and community outreach partners, vendors, and contractors. In addition, I am assigned to finding fugitives that fail to appear for proceedings, conducting criminal background checks, arrest warrant and restitution recovery tracking and helping with the development of the monthly General Management System reports to include special projects.

As a survivor of assault, I valued the help, appreciated the guidance, and was comforted in the commitment to my safety received from the prosecutor and team during the process of bringing my attacker to justice. I continue to find it comforting in volunteering and supporting victims of sexual assault and domestic violence. Employment in a field uplifting and protecting those that are often shammed and silenced was and is still my passion.”

Why is Black History Month important to you?

“Black History Month is an opportunity to concentrate on a lineage of a mixed and diverse people riddled by a history of slavery, struggle, racism, persistence, and accomplishment. A continued engagement with Black, Afro-Puerto Rican and Afro-Cuban History is vital as it lends to context for the present.

As a mixed raced woman, I find it extremely important in this climate of division and uncertainty to embrace the pride of my heritage in its entirety and focus on understanding the beauty, inclusivity, and contributions of my ancestors.

Black History Month is a time to build relationships, appreciate identities, celebrate differences, and have conversations relating to the past, present, and beyond.”

 

Meet Executive Secretary Norlice Smith

In honor of Black History Month, which is celebrated throughout the month of February, the DA’s Office is featuring stories of employees and their contributions to our community. Meet Executive Secretary Norlice Smith, who has been working at the DA’s Office since 1997. Read more about what inspired her to pursue a career at the DA’s Office, below.

Why did you choose a career at the DA’s Office?

“In 1994, I started working for the County of San Diego because I wanted to do something in Community Service. I was working as an Office Assistant in Forensic Mental Health. At that time, my only knowledge of a prosecutor’s office was what I had seen on television. I thought it would be a depressing place to work because employees dealt with crime all the time. One of my tasks was picking up DA files from the DA’s office for the psychologists and psychiatrists to review before they evaluated the defendants. Contrary to my belief, I discovered the office actually had high morale. The employees I met had been working there for several years and had no plans to leave. I decided I wanted to serve our community by doing my small part of assisting the Deputy District Attorneys get justice for victims of crime. A bonus would be that I would have a more secure job because this was during the time when our country was supporting Public Safety and doing budget cuts in the mental health field. As soon as I found out there was an opening, I applied and got the job. It has been very fulfilling to have a career that has purpose.”

Why is Black History Month important to you?

“Black History Month is important to me because all Americans should be reminded of the contributions our Black citizens have made to this country. We should never forget the sacrifices they have made to make this country a better place for everyone. It is a reminder that we should not take our rights for granted. They can be taken away. We saw examples of this in 2013, when the Voting Rights Act was changed, and in 2022 when Roe v. Wade was overturned. When Black Americans fought for civil rights, all underrepresented groups benefited.”

 

Photo of a judge's gavel and handcuffs on top of books.

District Attorney Charges Fugitive Who Fled to Asia in Child Molestation Case

San Diego County District Attorney Summer Stephan said today her office has filed child molestation charges against Chester Yang, 72, for an April 2017 incident in which he molested a 5-year-old victim at a church on the University of San Diego campus.

Yang, who was extradited from Singapore with the help of Interpol and U.S. federal authorities, is charged with two counts of lewd acts on a child and one count of oral copulation of a victim more than 10 years younger. If convicted, he faces 100 years to life in prison.

“Let this case be a warning to anyone who would abuse our children,” DA Stephan said. “We will not stop pursuing justice, whether the defendant flees our jurisdiction or not. I am grateful to the international and local team that assembled to bring this predator to justice including, the U.S. Marshals Service, Interpol, the San Diego Police Department’s Child Abuse Unit, and our own District Attorney investigators. Chester Yang will be held accountable for his crimes”

The day after Yang’s family was contacted by police, he fled to Taiwan, which would not extradite him back to San Diego. The U.S. Marshals service was instrumental in developing a relationship with Taiwanese authorities and ultimately getting them to alert the U.S. if Yang left Taiwan. In late May, Interpol alerted U.S. authorities that Yang flew to Singapore and Deputy U.S. Marshal Todd Loveless and the District Attorney’s Office quickly made arrangements to have Yang extradited to San Diego. He was booked into the San Diego County jail on December 13.

The District Attorney’s Office has a dedicated Extraditions Unit that brings fugitives from abroad or from other states to face criminal prosecution in San Diego and seeks justice for crime victims. International extradition is complex and varies from nation to nation with very specific legal requirements involving multiple agencies.

This case is being prosecuted by Deputy District Attorney Melissa Diaz, the Chief of the DA’s Family Protection Division. The arraignment was handled by Assistant Chief Deputy DA Ryan Saunders.

A readiness conference in this case has been set for December 27 and a preliminary hearing is scheduled for December 29.

Capital One to Pay $2 Million to Settle Suit for Unlawful Debt Collection Practices

San Diego County District Attorney Summer Stephan announced today that Capital One will pay $2 million to settle a civil lawsuit brought by a statewide team of district attorneys alleging the bank made unreasonably frequent or harassing phone calls to debtors in California.

The civil consumer protection complaint alleges that Capital One and its agents engaged in unlawful debt collection activities throughout the United States. The complaint alleges that the collection calls were often made in an excessive and unreasonable volume, and sometimes continued after the consumers indicated they no longer wished to receive the calls or when the calls were made to wrong numbers.

“The District Attorney’s Consumer Protection Unit investigated complaints that Capitol One made repetitive, harassing debt collection calls and often to the wrong number,” DA Stephan said. “The settlement in this case underscores the importance of companies abiding by the state and federal debt collection laws that protect California consumers.”

The investigation and prosecution of the case was handled by the California Debt Collection Task Force, a statewide law enforcement team composed of the District Attorneys of San Diego, Los Angeles, Riverside and Santa Clara counties.

The judgment negotiated with the Virginia-based company, entered December 14 in Los Angeles Superior Court and signed by Judge Gregory Keosian, requires that Capital One implement and maintain policies and procedures to prevent unreasonable and harassing debt collection calls to California consumers, including limiting the total number of calls to each debtor and honoring consumer requests for calls to stop.

Under the judgment, which was entered without admission of wrongdoing, Capital One was ordered to pay $2 million, including $1.45 million in civil penalties and $300,000 in investigative costs. Because individualized restitution is not feasible under these circumstances, the judgment also requires Capital One to pay $250,000 in alternative restitution to a charitable trust fund to support additional consumer protection efforts. The district attorneys indicated that Capital One worked cooperatively with the prosecutors to resolve the matter.

Deputy District Attorneys Tom Papageorge and Colleen Huschke of the DA’s Consumer Protection Unit handled this case. 

Man Sentenced for Convention Center Shootout

San Diego County District Attorney Summer Stephan announced today that defendant Daniel Quiroz, 31, who was convicted by a jury last month of attempted murder and other charges, has been sentenced to 45 years-to-life in prison. Quiroz engaged in a shootout with a Harbor Police officer outside the San Diego Convention Center in March 2021, shortly after being pulled over for a traffic violation.

Quiroz was charged with attempting to kill a San Diego Harbor Police Officer and assault with a semi-automatic firearm on a civilian on March 1, 2021 near Fifth Avenue and Harbor Drive.

“This defendant had no regard for life when he recklessly engaged in a shootout on a downtown street,” DA Stephan said. “Traffic stops are some of the most dangerous situations for peace officers as this case clearly demonstrates, and the guilty jury verdict along with today’s prison sentence brings justice to the police officer and civilian victim in this case.”

 

The civilian victim was struck by a stray bullet during the shootout but was unharmed because the bullet was likely a ricochet that also deflected off of his eyeglasses case which he had in his back pocket. In addition to the attempted murder charge, Quiroz was convicted of three counts of assault with a semi-automatic firearm.

Deputy District Attorney Frederick Washington prosecuted this case.

Fatal DUIs Spike Amid COVID-19

DA’s Office Receives Grant to Prosecute Serious DUI Cases

San Diego County District Attorney Summer Stephan announced today that her office is receiving a $733,650 grant from the California Office of Traffic Safety for the ninth year in a row to prevent and prosecute impaired driving deaths and DUI-drug cases. The grant award comes as San Diego County experienced more fatal DUI crashes in 2021 than the county has seen in more than two decades.

Last year, 39 people were killed in 36 DUI-related crashes. So far in 2022, there has been a moderate decrease with 24 people killed, including a 1-year-old child.

“Prosecuting and investigating these important cases require a specialized team of prosecutors and investigators to be able to hold offenders accountable and deter this deadly behavior,” DA Stephan said. “The spike in the number of people dying at the hands of impaired drivers in recent years is disturbing. As the holiday season approaches, people need to make responsible choices, use ride sharing services and keep their friends and family from getting behind the wheel if they are impaired.”

Data shows average blood-alcohol levels of drivers involved in Driving Under the Influence cases are also higher than last year at over .18%. Prosecutors say that more than half of individuals being arrested for driving under the influence have both alcohol and drugs in their system—a deadly combination.

The grant will allow the DA’s DUI Homicide Unit to continue its critical work. The unit, which launched in 2014, streamlines complex DUI cases by creating expertise within the DA’s Office. The specialized unit creates uniformity in sentencing among the four adult courthouses. In addition, the unit helps law enforcement adapt to changes in technology by having a designated DA Investigator who is trained in the latest techniques in collision reconstruction. Since its inception, the unit has prosecuted nearly 200 cases and they have received more than $3.9 million in funding from the Office of Traffic Safety.

Funding will also be used to:

  • Provide training for a select prosecutor to become an expert in DUI-drug cases.
  • Provide training for prosecutors and investigators through California’s Traffic Safety Resource Prosecutor Program.
  • Host quarterly regional meetings with law enforcement partners to improve DUI investigations and prosecutions.

“With various alternative transportation options available, there are zero excuses and zero tolerance for driving after drinking or under the influence of a drug,” OTS Director Barbara Rooney said. “The work of the vertical prosecution team is critical in addressing the serious dangers posed by impaired driving.”

In 2021, the District Attorney’s Office filed 5,695 DUI cases, including 134 DUI drug cases and 40 DUI cases in which both alcohol and drugs were present in the driver’s system. So far this year, the DA’s Office has filed 5,120 DUI cases including 192 DUI drug cases and 46 combined alcohol and drug impairment cases.

Funding from the California Office of Traffic Safety is provided through the National Highway Traffic Safety Administration.

DA’s Office Adds Identity Theft Resource Center ‘Live Chat’ to Help Crime Victims

San Diego County District Attorney Summer Stephan announced today that her office is partnering with San Diego-based Identity Theft Resource Center® (ITRC) to provide a live chat box on the DA’s public website in an effort to support victims of identity crimes.

In adding the ability to live chat with the ITRC’s expert advisors to the DA’s website, victims can receive instant assistance on issues related to identity theft, identity fraud and data breaches. The ITRC identity theft advisors will also provide preventative information and customized plans to address identity concerns.

“We are always looking for ways to prevent crime in San Diego County and by adding this service to our website, in partnership with the Identity Theft Resource Center, we are providing real time support to would-be victims of identity theft,” DA Stephan said. “Identity theft can financially devastate people and businesses, so we want the public to use resources that are available to help them make smart decisions and protect their personal identifying information.”

The ITRC, which was founded in 1999, is a nationally recognized nonprofit organization established to support victims of identity crime. It was established to empower and guide consumers, victims, businesses and the government to minimize risk and mitigate the impact of identity compromise and crime.

“We are thrilled to join with the San Diego DA’s office to help identity crime victims in San Diego County,” said Eva Velasquez, President and CEO of the Identity Theft Resource Center. “Our partnership allows us to reach more people in San Diego County who need help recovering from or preventing identity theft or fraud. Victims of identity crimes require unique support to recover from having their personal information misused. It is our mission to provide that.”

More than 7% of the ITRC’s total cases in 2022 are from victims who live in California who have sought help about compromised personally identifiable information due to scams, and the misuse of personal information through existing account takeover. The Google Voice scam is the ITRC’s top reported scam from California this year.

When using the chat, ITRC advisors will:

  • Ask what happened
  • Ask a series of questions to help determine the scope of the problem
  • Provide a custom plan of action and steps to take

Advisors will assist victims live in English or Spanish during business hours or through direct follow-up when contacted after hours and on weekends. The ITRC is also committed to providing access to everyone seeking help. Read the accessibility initiative here. Anyone can contact an advisor toll-free by using the ITRC live-chat on idtheftcenter.org or by calling 888.400.5530.

Murderer Sentenced for 2015 Killing

San Diego County District Attorney Summer Stephan announced today that defendant Roger Hernandez, 34, who was convicted in April of murder, has been sentenced to 67years-to-life in prison for killing 18-year-old Juan Muñoz, Jr. in 2015. Munoz was murdered as he was returning from buying soft drinks and snacks when he crossed paths with gang members.

In October 2015, Roger Hernandez and Luis Karam chased down Muñoz, thinking he was a rival gang member. When the teen stopped at a stop sign on the same block where his friends were fixing a car, Karam pulled in front of his car preventing Muñoz from being able to drive away. Hernandez got out of the car and issued a gang challenge. Before Muñoz could answer, Hernandez repeatedly fired into the car with a .45 caliber semiautomatic handgun. Hernandez shot Muñoz multiple times through the arm, shoulder, and neck, killing him.

In 2018, the case had gone cold when the DA’s Office revisited the case. Working with National City Police, prosecutors and DA investigators they were able to narrow in on two suspects and develop additional evidence.

Hernandez was arrested for the murder in November 2018. One week later, U.S. Marshals Fugitive Task Force attempted to arrest co-defendant Karam, but he fled. When caught, he attempted to take his own life, but survived and was ultimately taken into custody. Karam was sentenced to 20 years in state prison in July after pleading guilty to voluntary manslaughter, admitting to an allegation that the killing was done for the benefit of a criminal street gang and that a deadly weapon was used during the offense.

“This innocent young victim was hunted by violent gang members and was tragically in the wrong place at the wrong time,” DA Stephan said. “A measure of justice has finally been delivered to the family of Juan Muñoz, Jr. We will continue to fight to keep every neighborhood safe from crime and address gang violence through prosecution and prevention.”

This latest gang-related sentencing comes as law enforcement officials are grappling with an increase in gang-related shootings and the ongoing proliferation of firearms – in particular, so-called untraceable “ghost guns.” DA Gang prosecutions increased from 368 in 2020 to 465 in 2021.

Juan Muñoz’ parents, Elizabeth and Juan Sr., have channeled their grief into activism over the years, including focusing on addressing mental health issues and trauma resulting from violence.