Tag Archive for: San Diego County District Attorney

Stock photo of two bullet rounds on the floor next to a crime scene marker.

Gang Member Charged in Shooting that Left Young Woman Paralyzed

San Diego County District Attorney Summer Stephan announced today that an attempted murder charge has been filed against Juan Diaz Velazco, 19, in connection with a gang shooting that left an innocent 17-year-old female bystander paralyzed. Diaz Velazco is also charged with assault with a firearm and other gun charges. He was arraigned and pleaded not guilty. If convicted, he faces 72 years to life in prison. He is being held without bail.

The charges stem from an incident on October 28 in which gang members issued gang challenges to rivals outside of a high school party. Diaz Velazco fired the first shots which hit and paralyzed an innocent girl, who was a high school cheerleader. Diaz Velazco was ultimately apprehended after a multiweek extensive investigation conducted by the San Diego Police Department and District Attorney’s Office Gang Units.

“This case demonstrates the destructive consequences of gang violence on neighborhoods and people who want to live in peace,” DA Stephan said. “We will keep fighting to make our neighborhoods safe and hold criminals accountable.”

Diaz Velazco will be in court again on December 12 for a readiness hearing and on December 15 for a preliminary hearing.

This case is being prosecuted by Deputy District Attorney Kyle Sutterley.

 

Veterans Recognized at the DA’s Office

Did you know the DA’s Office employs more than 60 veterans? On this Veterans Day, we honor their service and take a look at how their military experience informs how they approach their work to protect public safety in San Diego County. Watch more in the video below.

International Fraud Awareness Week

San Diego County District Attorney Summer Stephan is encouraging the public to report suspected fraud this week during International Fraud Awareness Week. Insurance Fraud is the second-largest economic crime in the U.S. and costs California residents about $15 billion a year. To combat this problem, the District Attorney, in conjunction with the California Department of Insurance, is shining a spotlight on this issue to minimize the impact of fraud by promoting anti-fraud awareness and education.

In 2022, the DA’s Insurance Fraud and Workplace Justice Division filed criminal charges against 202 defendants and obtained 171 convictions for various insurance fraud offenses. As a result of these convictions, nearly $30 million in restitution was ordered for victims, including individuals, insurers, and state agencies.

“Committing fraud is a serious financial crime that affects seniors, workers, employers along with business owners and corporations,” DA Stephan said. “When insurance prices spike because of unscrupulous actors and legitimate businesses can’t compete because of fraudulent businesses violating the law, or when employees are left vulnerable without the benefits they are entitled to, ultimately insurance fraud is felt by everyone.”

If you see, hear, or know of an insurance fraud scam happening in your area, please contact the DA’s Office through the Insurance Fraud hotline at (800) 315-7672 or at sdconnect@sdcda.org, or contact the California Department of Insurance at (800) 927-4357. To report fraud related to real estate, you can contact the DA’s Real Estate Fraud hotline at (619) 531-3552. To report any other type of fraud or criminal activity, please contact your local law enforcement agency.

The Insurance Fraud and Workplace Justice Division is dedicated to eradicating insurance fraud, whether it relates to workers’ compensation, automobile insurance, life insurance, or fraud in the healthcare industry. It also prosecutes other crimes uncovered during insurance fraud investigations, including wage theft, tax evasion and even labor trafficking.

The Insurance Fraud and Workplace Justice Division also does outreach campaigns throughout the year, including during the month of November to coincide with Fraud Week. The campaign consists of digital, print, radio, television, DMV offices, transit stops, bus and trolley interiors as well as billboard advertisements to raise awareness about worker’s compensation fraud and auto insurance fraud and how to report it. Attached are some examples of the print outreach campaign.

You can watch the worker’s compensation Fraud public service announcement here in English and Spanish. The auto insurance fraud PSA can be seen here. Funding for this outreach campaign comes from anti-fraud grant programs administered by the California Department of Insurance.

The DA’s Economic Crimes Division is responsible for prosecuting a wide variety of wrongdoing, including computer intrusion, identity theft, investment scams, embezzlements, real estate matters, counterfeit goods, environmental crimes and the theft of public assistance funds. The division also acts to protect consumers and businesses by successfully filing numerous civil cases to prohibit unfair business practices within the marketplace.

Examples of the types of crimes that the Insurance Fraud and Workplace Justice Division prosecutes are:

  • Workers’ Compensation Provider Fraud – When medical and legal providers, including doctors, chiropractors, and lawyers are paying or receiving kickbacks for referrals, billing for services not rendered or overbilling for services provided.
  • Workers’ Compensation Premium Fraud – When a business misrepresents its true payroll, the type of work it performs, or conceals employee injuries to pay lower workers’ compensation premiums. One of the most common premium fraud schemes occurs when employers pay employees in cash without reporting that cash payroll to the Employment Development Department and their insurer. This activity results in $7 billion in lost revenue each year and evasion of approximately $6.5 million in payroll taxes annually. Frequently, employers who commit premium fraud also engage in other crimes, including wage theft, tax evasion, and labor/human trafficking.
  • Workers’ Compensation Applicant Fraud – When employees fake or exaggerate work injuries to collect workers’ compensation benefits, or when employers make false statements to deny benefits to injured workers.
  • Uninsured Employers – Every business in California is required to have workers’ compensation insurance to cover its employees in the event of a workplace injury. These cases are especially important because if an employee is injured at work and their employer does not have workers’ compensation insurance, the employee may have no recourse to get required care and benefits.
  • Auto Insurance Fraud – Fraudulently obtaining payment on an auto insurance policy based on false information such as inflated or faked damages, staged collisions, false claims of vehicle theft and arson. This fraud costs consumers billions of dollars each year in the form of higher insurance premiums.
  • Disability and Healthcare Fraud – This involves fraudulent medical and disability claims and policies, including medical providers who fraudulently bill insurance companies or who divert medications for personal use or sale. Healthcare fraud increases medical costs for everyone.
  • Life and Annuity Fraud – Unscrupulous life insurance agents and others who seek to steal the savings of victims through power-of-attorney abuse, securities fraud, and fraudulent claims on legitimate policies. These scams often target senior citizens, and the impact is life-altering, since seniors do not have the time or opportunity for financial recovery.
  • Workplace Justice Violations – We have developed an innovative approach to the prosecution of wage theft, wage and hour violations, meal and rest break abuses, unfair business practices, tax evasion, and labor trafficking.

In 2022, the Economic Crimes Division filed criminal charges against 177 defendants and obtained 228 convictions. Additionally, from those convictions, defendants were ordered to pay over $4.4 million in restitution.

This division also pursued civil enforcement actions against various businesses for unfair competition or environmental violations. In 2022, the Consumer Protection and Environmental Protection Units completed over a dozen major civil enforcement actions resulting in injunctions to stop the unlawful business practices and statewide monetary relief that included millions of dollars in civil penalties, costs and restitution.

Some examples of the types of cases that the Economic Crimes Division prosecutes are as follows:

  • Real Estate Fraud – This type of crime involves various fraudulent real estate transactions and/or schemes such as the submission of forged loan applications; fraudulent transfers of title of real property; recordation of fraudulent real estate documents; home equity sale contract fraud; and mortgage foreclosure consultant fraud.
  • Computer and Technology Crimes High Tech Task Force (CATCH) – This Unit prosecutes high-technology criminals engaged in crimes where technology is the prime instrumentality of the crime, or where technology is the target of the crime, such as; theft facilitated by technology, theft of technology resources, network intrusions, online harassment and stalking, as well as providing technical and investigative assistance to local law enforcement agencies with respect to digital forensics.
  • Identity Theft – These crimes usually involve criminals acquiring key pieces of someone’s identifying information to impersonate them and commit numerous forms of fraud which include taking over the victim’s financial accounts, opening new bank accounts, purchasing automobiles, applying for loans, credit cards, and social security benefits, renting apartments, and establishing services with utility and phone companies.
  • Complex Theft – These crimes commonly involve embezzlement or investment scams. Embezzlement is the fraudulent appropriation of property by a person to whom it has been entrusted. Instead of using the company’s payroll system or checking or credit card account for legitimate company business, the individual uses these accounts to steal by directing the money to his or her own accounts or to pay for personal expenses. Grand theft schemes take many forms but include scams where the perpetrator misleads individuals about an investment opportunity and instead the uses the money to support the perpetrator’s lifestyle.
  • Consumer Protection – These cases generally involve a business or an individual taking advantage of consumers. These cases can range from a business failing to warn a consumer that their credit card will be billed on an ongoing basis to a business using scanners that charge an amount over the advertised price to building contractors operating without a license. These cases also include other unfair business practices such as misleading product labeling or false advertising.
  • Environmental Protection – These cases generally involve businesses that violate rules relating to the environment such as hazardous waste disposal, underground storage tank regulations and clean air act statutes.

“If you know of fraud being committed, report it because it’s important to hold accountable those who would break the law,” DA Stephan said.

For information and resources about International Fraud Awareness Week, visit www.FraudWeek.com.

DA Meets with Businesses in the County Aiming to Reduce Organized Retail Theft

San Diego County District Attorney Summer Stephan today pledged a renewed focus on fighting organized retail theft in San Diego County and holding thieves accountable. The DA met with ULTA Beauty loss prevention management and toured their San Marcos location which was hit last year by a team of thieves running an organized retail theft ring across Southern California. The San Marcos store was one of 21 ULTA Beauty stores targeted by one of the defendants who stole $127,000 worth of fragrances in just one month.

During their last incident in 2022, the group encountered San Diego County Sheriff’s Deputies who were waiting in the ULTA Beauty parking lot and took up pursuit.  A bicyclist was hit by the defendants’ car as they tried to avoid arrest. Eight bags of fragrances were found in the car with defendants. The defendants ultimately received sentences up to four years in state prison.

“We’re holding organized retail theft crime rings accountable for the harm to retailers, their employees and customers who are often traumatized by these crimes,” said DA Stephan. “Meeting with managers at stores in the county strengthens relationships and lines of communication that can help us build strong criminal cases to reduce this type of theft. We are committed to stop organized criminal rings from stealing large amounts of goods from small and large businesses with the intent to resell them, particularly through unregulated online marketplaces.”

The DA’s visit to the store is one of several being made at retail businesses in the county.  The National District Attorney Association and the Retail Industry Leaders Association (RILA) announced National Store Walk Month recently with the goal of local prosecutors and retailers coming together to strengthen relationships and open direct lines of communication. DA Stephan or Deputy District Attorneys from her office are also participating in store walks at Home Depot, Dick’s Sporting Goods, Target, Walmart, and Lowes stores.

In addition, DA Stephan toured Sunny Perfumes last week in San Ysidro, a small business that has also been targeted by retail thieves. The owner, Sunil Gakhreja, says he’s spent thousands of dollars repairing smashed windows and adding metal shutters for security and has had to move his more expensive items to the back of the store, making it more difficult for thieves to steal them. He also says that in addition to the loss of inventory to theft, criminals have threatened and even attacked his employees.

The DA also announced the assignment of specific prosecutors who will handle all organized retail theft cases that are submitted to the DA’s Office in various jurisdictions. They will be focusing on stopping the organized theft crews and identifying the habitual offenders to try to assist large and small businesses who are struggling with the explosion of retail theft. The prosecutors will coordinate with stores to focus on the most serious offenders.

In a one-year period, the DA filed criminal cases involving organized retail theft against 77 defendants. In February of this year, 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. The defendants were both sentenced to 44 months in state prison.

The National Retail Federation (NRF) reported that external theft, which includes organized retail crime, is the primary driver of retail “shrink.” NRF’s National Retail Security Survey released earlier this year revealed that organized retail theft reached $94.5 billion in 2021, with retailers reporting an increase in violence and aggression associated with these crimes. The National Chamber of Commerce says 25 percent of small businesses report raising prices because of shoplifting and some retailers have been forced to shutter locations in response to rampant theft.

DA Marks the Start of Domestic Violence Awareness Month

An average of 13 people are killed every year by an intimate partner in San Diego County. Today, the District Attorney’s Office joined the San Diego Domestic Violence Council, county officials and other social service agencies to launch the start of Domestic Violence Awareness Month at a ceremony in Balboa Park. The event is meant to empower survivors, award those who work with victims and remember those whose lives were taken in domestic violence incidents during the previous year. This year, the event theme was “Let Today Be the Day You Move Forward!”

In 2022, 10 people were killed by a current or former intimate partner and there were four additional homicide victims, such as a family member, new boyfriend, or bystander, who died during domestic violence related incidents. In addition, five offenders committed suicide. See a list of domestic violence homicide victims not to be forgotten, here.

“In San Diego County, we are fighting every day to save lives from the destructive cycles of domestic violence,” District Attorney Summer Stephan said. “I want to thank the San Diego Domestic Violence Council and Claudia Grasso for the partnership in protecting families from violence. Domestic violence not only harms the direct victim but also has a devastating ripple effect on children, families, and communities. This is why at the DA’s Office we work every day to prosecute the offenders and provide resources to victims so they can safely leave their abusers and move on with their lives. Domestic Violence Awareness Month is one more chance to empower women, children, and survivors to know that there are resources to help them get out of a dangerous relationship.”

Each year there are more than 17,000 domestic violence incidents reported to law enforcement across San Diego County. Last year, the figure was 17,472 and the District Attorney’s Office filed charges in 2,393 domestic violence cases.

During the Balboa Park event, which included a resource fair and a candlelight vigil ceremony honoring homicide victims, Ivette Kuyateh, who lost her mother to domestic violence when she was a child shared her personal story.

“Events like these give us a platform to expose the darkness in our society and say the words that victims often can’t,” Kuyateh said. “Yet every advocate knows our work continues past the month of October. It is year-round. As long as people still ask, ‘why doesn’t she leave?’ we have work to do to educate others on the complexities behind the answer to this question.”

Also at the event, Dr. Vanessa Rodriguez, who is a marriage and family therapist, was named the new President for the San Diego Domestic Violence Council. The domestic violence council is a collaboration of organizations and community members who seek to reduce and prevent domestic violence. Partner agencies include the District Attorney’s Office, San Diego County Health and Human Services, the San Diego City Attorney’s Office, the Sheriff’s Department, and other law enforcement and social services agencies.

Over the last year, the DA’s Office coordinated trainings for hundreds of professionals across the county on domestic violence, firearm safety, stalking, and how to be more inclusive when working with victims.

“We are so proud of how the San Diego Domestic Violence Council has brought county organizations together to help connect victims with resources and support service providers with tools to consistently restore hope to those who have lost it,” said Claudia Grasso, the outgoing President of the SDDVC and Executive Director of One Safe Place: The North County Family Justice Center. “I am grateful to District Attorney Summer Stephan, who for my entire four-year term as SDDVC President, was a constant source of encouragement and support.”

If you or someone you know is being abused by a current or former partner, call the National Domestic Violence Hotline (1-800-799-7233) for confidential support and assistance planning for safety. More information and resources can be found on the DA’s website here. See the calendar and flyers of additional domestic violence awareness events that will take place throughout the month of October, here.

Ringleader in Prolific Residential Burglary Series Sentenced to Prison

San Diego County District Attorney Summer Stephan announced today that the ringleader in a multi-county residential burglary series involving nine defendants, who stole more than $1 million in cash and jewelry, was sentenced for his role in the elaborate crime.

George Boozer, 48, was sentenced to 56 years in state prison today after pleading guilty in June to 72 criminal counts, including residential burglary and conspiracy to commit a crime. Boozer led the group of eight other defendants to burglarize 43 homes over 18 months, effectively terrorizing communities in their self-titled “minivan crew” operation.

“These criminals not only stole cash and valuables from the victims, but they also stole their peace of mind, their safety and their security,” DA Stephan said. “I’m proud of the police investigation and of our prosecution team for their outstanding work in obtaining justice.”

Co-defendant Devon Taylor, 43, will be sentenced on October 10. He pleaded guilty in July to 82 criminal counts, including residential burglary, conspiracy to commit a crime and delaying/resisting arrest. Taylor was an active participant, entering the victims’ homes, pepper spraying victim’s pet dogs and stealing property. Taylor and Boozer worked together to commit a longstanding series of serious crimes.

Co-defendant Lauren Patrick, 36, pleaded guilty to 18 counts of residential burglary and 18 counts of conspiracy to commit burglary on August 11, and will also be sentenced on October 10. She was an active crew member, who researched and cased affluent neighborhoods to target. Co-Defendant Reshaun Rollins, 20, pleaded guilty to 10 counts of residential burglary and 10 counts of conspiracy to commit burglary. He was an active participant and will be sentenced November 9. The remaining defendants are scheduled for preliminary hearing or trial in the coming months.

A task force was established to investigate this multi jurisdiction crew, who committed residential burglaries in other counties across the state of California. The crew utilized sophisticated measures to conceal their appearance and vehicles used to commit the offenses.

This case is being prosecuted by Deputy DAs Lucy Yturralde and Malak Behrouznami.

Homeless Court: A Model for the Nation

Since the start of the first Homeless Court in San Diego in 1988, the program has been a model for the nation and out-of-state visitors come to observe on a regular basis. See why, in the VIDEO below.

More details, HERE.

DA Strongly Opposes Senate Bill 94

San Diego County District Attorney Summer Stephan today strongly criticized Senate Bill 94, proposed legislation that would allow a person convicted of murder or multiple murders with a special circumstance to petition a court for resentencing, if the killer has served at least 25 years of their life sentence and the offense was committed before June 5, 1990. The bill would permit some of the most violent and dangerous California murderers to elude the punishment of life without the possibility of parole for which they were originally sentenced. These violent killers would be eligible to be resentenced for their murders simply due to the passage of time.

“SB 94 would be an unwarranted gift of lenity to some of the ‘worst of the worst’ of California’s murderers currently incarcerated in prisons across the state, including San Diego defendants convicted of murder and attempted rape,” said DA Stephan, who sent a formal letter of opposition to the Chair of the Assembly Public Safety Committee. “For some of these killers, this law would reduce their sentence and move them from California’s prison system into our communities, unfairly re-traumatizing victims and their families. How is justice served when people who mercilessly torture and murder human beings and are duly convicted and sentenced in a court of law, and then get their sentence undone without any consideration of the irreplaceable loss and pain to their victims?”

In her letter, DA Stephan outlined several aspects to the bill that led to her opposition:

  • SB 94 includes no requirement that the killer show any remorse or rehabilitation.
  • SB 94 will re-traumatize victims and their families.
  • SB 94 fails to fully consider the appeals and other post-conviction relief available to convicted killers.
  • SB 94 tips the scale by forcing judges to lean towards resentencing in each case by requiring “great weight” be given to certain factors rather than allowing an objective decision.
  • SB 94 will unduly burden the court system by requiring judges to reconsider sentencing of decades-old cases.

The bill is making its way through the legislature and will be heard next in the Appropriations Committee tomorrow, September 1.

“The bill severely limits a sentencing judge’s discretion to deny the petition for resentencing,” DA Stephan said. “SB 94 stacks the deck in favor of violent murderers over victims and community safety by mandating that judges afford great weight to mitigating evidence offered by the convicted murderer. SB 94 is written so that the scales of justice are tipped in favor of the defendant.”

Mitigating evidence that benefits the defendant would be given greater weight than the aggravating evidence that negatively impacts the defendant’s petition for release. Specifically, SB 94 mandates that the resentencing court afford great weight to evidence that the convicted murderer suffered intimate partner violence, sexual violence or human trafficking; experienced childhood trauma, suffered military-related trauma connected to the offense, suffered cognitive impairment, intellectual disability or mental illness, or was a youth at the time of the offense.

The law does not allow great weight to be given to aggravating factors such as the calculated and cruel nature of the murder, the fact that two or more people were killed, that the victim left behind orphaned children, or that the murders were sadistic in their nature.

Killers convicted in San Diego County who would be eligible to petition for resentencing under SB 94 include:

David Alan Weeding – On May 20, 1988, Weeding knocked on the door of Vickie P.’s apartment, claiming to be sent by management to check for leaks. Weeding grabbed the victim’s arm and began to attack her. She was wrestled to the ground and the defendant held a knife to her throat, cutting off her clothes. As this was occurring, Vickie’s husband entered the apartment.  Weeding grabbed the knife from the floor and charged at him. Vickie ran outside for help while her husband struggled with Weeding. Weeding stabbed the victim in the back and chest several times, killing him. Weeding was convicted by a jury of murder with special circumstances, attempted rape and first-degree burglary. He was sentenced to life without the possibility of parole. Weeding committed this heinous murder after being released from prison early while serving a sentence for prior sexual assaults.

Arthur Chris Burbridge – On September 21, 1978, Claire L.’s body was found in a hotel room.  Her ankles were tied together with nylon stockings and there was blue bandana around her neck along with another nylon stocking. She had been choked to death. Claire’s checkbook was on the bed and in the signature line, the killer wrote, “God gives, God taketh away.” Six days later, Shirley B.’s body was found on the side of the road. A piece of plastic clothesline was tied around her neck. The cause of death was also asphyxiation. Shirley’s body had drag marks on her back indicating that she had been dragged headfirst to the side of the road where her body was covered with a blanket.

Read the DA’s letter sent in opposition to SB94 here.

DA Partners with Mexican Consulate to Provide Services at One Safe Place

San Diego County District Attorney Summer Stephan announced today the partnership between the Consul General of Mexico in San Diego and the San Diego County District Attorney’s Office for the Mexican Consulate to locate at the DA’s One Safe Place: The North County Family Justice Center and provide services. The partnership was solidified during the first anniversary celebration of the opening of One Safe Place in San Marcos, with the signing of a Memorandum of Understanding (MOU).

“This collaboration with the Mexican Consulate helps strengthen the bridge with the Latino community and will help enhance their trust in reporting and seeking help when victimized. We know from experience, that domestic violence and human trafficking victims are often threatened by their abusers with deportation which keeps them trapped in the cycle of violence,” said DA Stephan. “Together we can work to ensure that victims who seek services at One Safe Place, where the Mexican Consulate will now be an onsite partner, receive culturally sensitive help in their native language, that will focus on safety, justice and healing.”

[See video of signing ceremony here]

Since opening last summer, One Safe Place has served 2,845 individuals, provided legal services to 781 people, and received more than 6,800 calls to their helpline. One Safe Place provides support services all under one roof to anyone who has experienced child abuse, sexual assault, domestic violence, hate crime, elder abuse, human trafficking, violent loss, family violence, or other abuse or victimization. This is all in collaboration with over 90 community organizations and agencies like the Mexican Consulate.

Together, the Mexican Consulate and One Safe Place have hosted events on wellness, have promoted first generation students with college connections and provided Consulate services at One Safe Place to meet the needs of our North County community and alleviate those with transportation barriers who are unable to travel to the Consulate main office in downtown San Diego. The MOU further creates opportunities for collaboration between the Mexican Consulate and One Safe Place in outreach and prevention work, including the Consulate’s participation in the free informative community events “Cafecito Con La Comunidad” that take place the second Friday of every month at One Safe Place.

“I am here today to send a clear message to our community: Victims should not remain silent when abused just because they fear deportation,” Consul General Carlos González Gutiérrez said. “The Mexican Consulate in San Diego has an extensive reach into the immigrant community in the county and will continue to invite immigrants to raise their voice, as there is no reason why they must live with abuse.  We truly value our partnership with One Safe Place and hope, with their help via this MOU, to expand our reach of services and empower those victimized in our community.”

The signing ceremony of the MOU coincided with the one-year anniversary celebration of the opening of One Safe Place that featured a breakfast and program with community partners, including San Marcos Mayor Rebecca Jones, Carlsbad Police Chief Mickey Williams, Escondido Police Chief Ed Varso, CEO of Palomar Health Diane Hansen, among others.

One Safe Place: The North County Family Justice Center is located at 1050 Los Vallecitos Blvd., San Marcos, CA 92069. It is open Monday through Friday from 8 a.m. to 8 p.m. and on Saturdays from 8 p.m. to 12 p.m.

DA and Mexican Consulate Sign MOU at One Safe Place

San Diego County District Attorney Summer Stephan announced today the partnership between the Consul General of Mexico in San Diego and the San Diego County District Attorney’s Office for the Mexican Consulate to locate at the DA’s One Safe Place: The North County Family Justice Center and provide services. The partnership was solidified during the first anniversary celebration of the opening of One Safe Place in San Marcos, with the signing of a Memorandum of Understanding (MOU). Details in the VIDEO below.

Read more details, HERE.