Tag Archive for: San Diego County District Attorney

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

Rapist Eligible for Elder Parole is Denied Release

San Diego County District Attorney Summer Stephan announced today that convicted rapist Randal Gers, 60, has been denied parole by the Board of Parole Hearings. In 1995, Gers kidnapped two different women on two separate occasions. He held them both for hours, bound them, and repeatedly raped, sodomized, and sexually assaulted them. The inmate used a knife to gain control of the women, tied a rope or belt around their neck to control them, and even left one victim tied to a tree in a remote area overnight before returning to sexually assault her again. This defendant had a prior conviction for sexually assaulting a 12-year-old and bashing her over the head.

The defendant received a 567 years-to-life sentence for his crimes, which was the longest sentence ever handed down in San Diego County at the time. His eligible parole date was originally November 2378, however the California Legislature changed the law in 2021 to lower the age of qualification for the Elderly Parole Program to inmates 50 years old or older who have served at least 20 years of continuous incarceration. But for the change in the law, Gers would have never received a parole hearing.

The District Attorney’s Office Lifer Unit, led by Deputy District Attorney John Cross, worked diligently to oppose the release of this dangerous inmate, and located the two kidnap and rape victims to alert them to the parole hearing, as well as the change in the law that made parole a possibility for their rapist. The two courageous victims appeared in front of the Parole Board on Tuesday, giving powerful impact statements and the District Attorney’s Office vigorously argued against the inmate’s release. Ultimately, the Board denied Gers parole for five years.

“These were extremely brutal and horrific crimes deserving of the life in prison sentence the defendant received,” said DA Stephan. “It is hard to believe that a sexual predator with multiple victims is eligible for release under this new law, causing additional trauma to victims who had to overcome the damage of the violent crimes they endured and thought their tormenter had received a final justice and sentence. Instead, these and many more victims are being pulled back into the criminal justice system time and time again. Our prosecutors will never abandon our victims and we will stand with them at these parole hearings. We won this battle, but in five years, we will have to fight alongside them again. And we will.”

“The denial of parole is an excellent example of the work the DA’s Lifer Hearing Unit does to represent the voice of the crime victims. We’re increasingly seeing inmates being released under the Elderly Parole Program and when the facts and the law support us as in this case, we fight against these unsafe and unjust releases,” Stephan said.

In arguing against parole, Deputy District Attorney John Cross detailed Gers’ disturbing and violent crimes. He also told the Board that Gers had no understanding why he committed the brutal rapes and showed no remorse. The inmate has not completed any self-help programming while in prison and offered excuses as to why he had not.

The DA’s Lifer Hearing Unit was formed in 1995 to ensure that victims of violent crime are given a chance to be heard at these proceedings, and to help prevent inappropriate grants of parole. Since the passage of the elder parole law and many other laws that allow early release of violent offenders, the Unit’s workload has dramatically increased. The Unit prepares for about 50 parole hearings each month, approximately 600 a year, and handles about 300 full hearings.

 

Citizens of Courage 2023: Juan Fierro

After witnessing a DUI that ultimately left the victim in a wheelchair, he followed the hit-and-run driver and then alerted police to his location, leading to his arrest and conviction. Meet 2023 Citizen of Courage Juan Fierro, in this video.

Citizens of Courage 2023: Terri Miller

Working as a bus driver in North County, she stopped a man who was harassing a teenage girl on the bus, leading to his arrest, conviction and requirement that he register as a sex offender. Meet 2023 Citizen of Courage Terri Miller, in this video.

Citizens of Courage 2023: Carlos and Elizabeth Muñoz

After their innocent son became the victim of deadly gang violence, they started an organization where people affected by violence can get support. Meet 2023 Citizens of Courage Carlos and Elizabeth Muñoz, in this video.

Citizens of Courage 2023: Linda Martinez

She came to the aid of a man who was shot outside her home, providing life-saving medical attention, and calling police. Meet 2023 Citizen of Courage Linda Martinez, in this video.

DA Honors Local Heroes at Inspiring ‘Citizens of Courage’ Awards

San Diego County District Attorney Summer Stephan honored five brave individuals on Monday, April 24, 2023 with the DA’s Citizens of Courage Award during the 33rd annual event, which is held as part of National Crime Victims’ Rights Week.

“These individuals all displayed courage in the face of dangerous and trying circumstances,” DA Stephan said. “By honoring them, we’re also shining a light on the many courageous crime victims our office serves in the pursuit of justice every year, and the importance of supporting victims’ rights – a big part of our mission at the District Attorney’s Office.”

This year, the Citizens of Courage Awards ceremony was held in person, after a three-year hiatus when the awards were held virtually. The five individuals were honored in front of 300 invited dignitaries, elected officials, community leaders and guests. Below are the 2023 Citizens of Courage recipients and links to videos telling their stories:

LINDA MARTINEZ

She came to the aid of a man who was shot outside her home, providing life-saving medical attention, and calling police.

CARLOS AND ELIZABETH MUNOZ

After their innocent son became the victim of deadly gang violence, they started an organization where people affected by violence can get support.

TERRI MILLER

Working as a bus driver in North County, she stopped a man who was harassing a teenage girl on the bus, leading to his arrest, conviction and requirement that he register as a sex offender.

JUAN FIERRO

After witnessing a DUI that ultimately left the victim in a wheelchair, he followed the hit-and-run driver and then alerted police to his location, leading to his arrest and conviction.

The DA’s Victim Services Division strives to reduce the trauma, fear and pain experienced by victims, witnesses, and family members affected by crime. The Victim Assistance Program provides comprehensive services to all crime victims. Victim Advocates are focused on providing assistance to victims of violent crimes. In 2022, they assisted 10,699 new crime victims. This assistance included 600 crisis interventions and 13,202 resources and referrals.

 

Man who Killed Twin Daughters of Ex-Girlfriend Sentenced to Life Without Parole + 72 Years

San Diego County District Attorney Summer Stephan announced today that defendant Dwayne E. Groves Jr., 41, was sentenced to life without the possibility of parole plus 72 years for murdering 15-year-old twin sisters, Caira and Leah Christopher, in April 2020. Groves pleaded guilty on March 10 to two counts of first-degree murder, a special circumstance allegation of committing multiple murders, and an assault with a firearm count.

On the day of the fatal shootings, Groves arrived at his ex-girlfriend’s home and used a semi-automatic handgun to shoot his way into the residence. Once inside, he shot and killed his ex-girlfriend’s twin 15-year-old daughters, Caira and Leah. He then beat her 22-year-old son, Gary, with the gun, causing multiple lacerations to his head and breaking his arm. Groves’ ex-girlfriend, Joann Hoyt, was able to escape the residence with her younger daughters. Groves fled the scene and tried to avoid arrest but was ultimately located and taken into custody that same day. Law enforcement located the gun on scene with its serial numbers scratched off.

“Anytime that a human being is murdered, there is a sense of deep loss and pain; however, when the lives of innocent children are stolen, we are left with a gaping wound,” DA Stephan said. “This was an unspeakable crime that took the lives of two innocent twin girls who were just beginning their lives. Nothing can make up for the devastation the defendant caused to the family of the victims, but I hope this sentence provides a measure of justice and healing.”

At the preliminary hearing, Joann Hoyt testified that Groves called her just before the incident, told her he had a plan and to trust him. Shortly after hanging up, the sliding glass door to her bedroom shattered and Groves came in holding a gun. He immediately went after Caira then proceeded through the house on his murderous rampage, killing Leah and attacking Gary. Before running out of the house Hoyt overheard Groves say, “You always wanted a story to write and now you have a book.”

Deputy District Attorney Meredith Pro prosecuted this case.

DA Files Criminal Charge in 101 Ash St. Case

San Diego County District Attorney Summer Stephan announced today that former City of San Diego volunteer real estate advisor, Jason Hughes, 55, has been criminally charged with conflict of interest for his role in receiving millions of dollars in connection with two lease-to-own deals commonly known as Civic Center Plaza and 101 Ash Street. During a hearing on Thursday, Hughes pleaded guilty to a misdemeanor violation of conflict-of-interest law, Government Code section 1090, and agree to pay $9.4 million in restitution to the City of San Diego, the amount he was secretly paid for the two transactions.

WATCH NEWS CONFERENCE, HERE

The plea agreement comes after Superior Court Judge, Kenneth So, who was presiding over the criminal investigation aspects of this case, in the last few days made the decision to move the case forward through mediation with all parties, including the City Attorney’s Office, aimed at a global resolution that would serve the interests of justice. Judge So’s expertise and knowledge of the case, stemming back to his authorization of the DA’s search warrants in October of 2021, allowed the case to move rapidly towards this decisive conclusion. Today’s San Diego City Council action clears the way for the criminal case to proceed under the judge’s direction, civil suits to be vacated and full criminal restitution to be paid.

“In many cases, conflict of interest cases result in only civil or administrative remedies,” DA Stephan said. “But in this egregious case, it was important to attain a measure of criminal liability and make certain that restitution be required via a criminal case and not left to chance in civil court. The message we are sending is clear: whether you are in an elected position, a public employee, a contractor, or an appointed volunteer, if you personally profit from contracts related to a government position, you will be held accountable for violating this public integrity law.”

The plea concludes an extensive criminal investigation by the District Attorney’s Office which included 1.6 terabytes of information and millions of pages of evidence. The intense scrutiny this case received will hopefully strengthen systems of checks and balances within the City of San Diego and other government entities and reinforce the importance of strict adherence to conflict-of-interest laws. The extensive work done by City Attorney Mara Elliott’s office in the civil litigation involving the same primary violation of conflict-of-interest laws as the criminal case— especially the content of the thorough depositions— provided significant support for the DA’s criminal investigation and prosecution.

“I want to thank the District Attorney team, led by our lead public integrity prosecutor, Leon Schorr, who invested so much time and expertise in this complicated case,” DA Stephan said. “In addition, members of local media outlets deserve recognition for their reporting, which helped reveal aspects of the case that otherwise might have gone unnoticed.”

In addition to Deputy District Attorney Schorr, the District Attorney team includes, Deputy District Attorneys Hector Jimenez, Martin Doyle, Fredrick Washington, and the many District Attorney Investigators who served search warrants and participated in the investigation. The DA team acknowledges the Regional Computer Forensics Laboratory whose extensive work on this complex investigation was critical, and the multitude of witnesses who sat for interviews, provided documentation and explained their involvement.

WATCH NEWS CONFERENCE, HERE

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

Doctor who Sexually Assaulted Patients Sentenced to Prison

San Diego County District Attorney Summer Stephan announced that defendant Leng Ky, 43, a doctor who sexually assaulted four patients while they were under anesthesia, was sentenced to 17 years in prison. Ky pleaded guilty to three counts of sexually assaulting an unconscious victim and one count of sexually battery by restraint on January 26, the day his trial was set to begin.

“This Defendant used his position of trust as a doctor to sedate and sexually assault his victims, betraying his medical oath and traumatizing his patients,” DA Stephan said. “Thanks to the thorough investigation by law enforcement and the work of our prosecution team, this predator disguised in a white coat was brought to justice and will serve a lengthy prison sentence.”

The defendant in this case, an anesthesiologist with ties to numerous local medical care facilities was also operating a pain management clinic in Escondido in 2020. The four victims, women ranging from 19 to 32 years old, sought treatment from the defendant from 2015 through 2020 for a variety of serious medical conditions. In each case, the defendant would suggest treatments that required the victims to be placed under heavy anesthesia. He would then administer drugs such as Ketamine and Propofol, making the victims unconscious.

The victims would sometimes wake up during the treatments to find the defendant sexually assaulting them. The defendant would continue to administer drugs putting them under again. When the victims would raise concerns about their memories, the defendant assured them it was just a result of hallucinations from the drugs. One victim remembers the defendant whispering in her ear “I know you like this” while sexually assaulting her. Due to the effects of the drugs, the victims were unable to move or even talk when they would wake up and find the defendant violating them. The victims’ mothers and husbands would be sitting in the waiting room while the defendant sexually assaulted their loved ones in his treatment room.

The defendant was arrested by the Escondido Police Department and United States Marshals in March 2020, bringing an end to his medical practice and his ability to victimize others.

Deputy District Attorney Ben Barlow prosecuted this case.

DA Joins School Threat Assessment Conference

The FBI and the DA’s Office recently held a school threat assessment conference to improve on the current regional School Safety Protocol. See what was discussed, in this video.