Tag Archive for: sexual abuse

Babysitter Who Provided Special-Needs Children for her Boyfriend to Molest Sentenced to Life in Prison

San Diego County District Attorney Summer Stephan said today that Brittney Lyon, 31, has been sentenced to life in prison for her role in procuring at least four young girls for her boyfriend Samuel Cabrera to molest, and for participating in the disturbing abuse with him. Two girls were 7 and the others were just 3 years of age. Two had an autism diagnosis, one was non-verbal.

Lyon was sentenced today to 100 years-to-life in prison after pleading guilty in May to two felony counts of lewd act upon a child and two counts of forcible lewd act upon a child. She also admitted the allegations of kidnapping, residential burglary and to sexually assaulting multiple victims. Her co-defendant, Cabrera, was previously convicted by a jury in 2019 and sentenced to eight life terms without parole in 2021.

“Today’s just sentence ends a despicable chapter that has destroyed innocence and devastated families in San Diego County,” DA Stephan said. “This defendant was ruthless in posing as a trustworthy babysitter and recruiting autistic children, only to commit the most atrocious acts upon them.”

The abuse came to light when one of the 7-year-old girls told her mother in 2016 that she no longer wanted to go anywhere with Lyon, a family friend who sometimes babysat her. The girls told her mother about the abuse, which led police to Cabrera. After a brief chase, police found a double-locked box in his car containing six computer hard drives with hundreds of videos depicting Lyon and Cabrera sexually abusing the children, and at times, drugging or assaulting them, using extreme cruelty and brutality. In addition to the videos of the young victims, there were dozens of videos that Lyon had taken surreptitiously of women and girls in changing rooms at clothing stores, bathrooms and locker rooms at various North County businesses.

With other unknown victims on the tapes, police sought assistance from the public looking for parents who hired Lyon, a San Marcos resident who had advertised her services on a babysitting website. The three remaining victims had connected with Lyon from the website where she specifically touted her interest in working with special needs children.

Communications between Lyon and Cabrera showed they regularly coordinated access to the children for abuse by Lyon bringing the children to Cabrera’s home or by Lyon allowing Cabrera to access the children in their own homes or Lyon’s home. She also sexually assaulted the children with Cabrera and alone. Lyon would obtain drugs and other items used to abuse the children.

Although Lyon has been sentenced to more than 100 years-to-life in prison, she will be eligible under current elder parole laws to begin petitioning the court for parole at age 50 and if granted, will have only served approximately 28 years, a fraction of the life sentence handed down by the court.

To address situations like this, the District Attorney’s Office is a sponsor of Senate Bill 286, authored by State Senator Brian Jones, which would exclude convicted sex offenders from applying for elderly parole. The proposed legislation is currently sitting in the suspense file in the Senate Appropriations Committee and most likely will not make it to a floor vote this legislative session.

“After the horrific sexual crimes Brittney Lyon committed against children, District Attorney Summer Stephan did her job in securing a just sentence of 100 years-to-life,” said Senate Minority Leader Brian Jones. “Now, it’s time for the state to do its job and honor that sentence for the sake of the victims. Shamefully, a loophole in California law could allow Lyon to walk free after serving less than a third of her sentence. Senate Bill 286 would close that loophole and ensure violent child rapists serve their full sentences. I’m calling on my Democrat colleagues to stop protecting predators, move this important bill forward, and deliver justice for victims.”

Assembly Bill 47, a similar bill that’s also supported by the District Attorney’s Office, authored by Assemblymember Stephanie Nguyen, also seeks to prevent sex offenders from qualifying for early parole under the elder parole law. It too, is in limbo in the Assembly Appropriations Committee suspense file.

“Our goal in supporting these bills is to safeguard the just sentences that violent sex offenders and murderers are given by the courts after they committed some of the most heinous offenses and stop them from being released back into the community with plenty of opportunity to reoffend,” DA Stephan said. “The victims, their families and the safety of all children in California need to be the priority, not Ms. Lyon and other violent child molesters like her. The age of 50 is hardly ’elderly,’ particularly is the realm of child molesters, who need only be in a position of trust and power to access and sexually abuse children.”

San Diego County Supervisor Jim Desmond has will introduce a board letter in support of SB 286 and AB 47 on August 26, seeking wider support from his colleagues on the Board.

“This is a critical step in protecting the safety of our communities, particularly our most vulnerable populations,” Supervisor Desmond said. “By excluding violent sex offenders and murderers from the Elderly Parole Program, these bills ensures that those who have committed heinous crimes will not be prematurely released. Public safety must always be our top priority, and it’s vital that we safeguard victims, especially those who have already suffered immeasurable harm. Allowing individuals convicted of violent sex offenses to be considered for early release undermines the trust and security of the public, and we cannot allow that to happen.”

Deputy District Attorney Jodi Breton in the DA’s Family Protection Division prosecuted this case.

South Bay Pastor Charged for Failing to Report Suspected Sexual Abuse

San Diego County District Attorney Summer Stephan announced today that a South Bay pastor has been charged with failure to report known or suspected child abuse in his role as a legally mandated reporter. Eric Manuel Merino, 43, a pastor at Victory Outreach Church in San Ysidro was arraigned in San Diego Superior Court today on one misdemeanor count.

The case against Merino is connected to the sexual abuse of a teenager at the hands of church choir leader Rafael Valentin Magana. Magana, 27, was convicted in April of one felony count of a lewd act upon a child 14 or 15 years of age. He will be required to register as a sex offender and faces up to three years in prison when he is sentenced on June 18.

The sexual abuse was reported to Pastor Merino, triggering his legal duty to notify law enforcement or child welfare services. However, Merino failed to do so.

“Youth in San Diego County deserve to have a safe and healthy environment, free of sexual or physical abuse — whether at school or at church,” DA Stephan said. “When that kind of abuse does happen, it’s critical that those incidents don’t fall through the cracks and that the people in positions of authority follow their duty to report suspected abuse so victims can be supported, and abusers can be held responsible for their crimes. Following the law of mandated reporting can potentially protect another child from being sexually abused by the perpetrator.”

California law mandates that certain professionals, known as mandated reporters, must report any suspected cases of child sexual abuse. These individuals include clergy members, teachers, doctors, social workers, police officers, and other professionals who regularly work with children. Under the California Child Abuse and Neglect Reporting Act (CANRA), these mandated reporters are legally required to report their suspicions to child protective services or law enforcement immediately, and they must submit a written report within 36 hours. Failure to comply with these reporting requirements can result in criminal penalties, including fines and incarceration. The law is designed to ensure prompt intervention to protect children from harm.

If convicted of the charge, Merino faces up to six months in jail and a $1,000 fine.

The District Attorney’s Office maintains a Student Safety in School Systems Task Force, which works to make sure that mandated reporters are complying with their legal obligations to report known or suspected acts of physical and sexual abuse against minors that occur in San Diego County.

This case is being prosecuted by Deputy District Attorney Kristi Gill in the DA’s Special Operations Division. The division and the Task Force review allegations where mandated reporters of sexual or physical abuse fail to comply with their legal duties.

More information about the Task Force and how to report suspected abuse can be found at https://www.sdcda.org/helping/studentsafety/.

Child Molester Who Fled to Asia Sentenced in Sex Abuse Case

San Diego County District Attorney Summer Stephan announced today that a 73-year-old man who molested a 5-year-old victim at a church on the University of San Diego campus has been sentenced to 25 years in prison.

Chester Yang, who was extradited from Singapore with the help of Interpol and U.S. federal authorities, pleaded guilty in September to forcible lewd acts upon a child and admitted to his prior strike offense. He had previously been ordered to stand trial.

“Chester Yang has been held accountable for his crimes, despite fleeing almost 7,000 miles away,” DA Stephan said. “We will not stop pursuing justice, especially where it comes to those who sexually abuse children and this case demonstrated our commitment to reach out as far as Asia to stop them. Bringing justice took the unified efforts by an 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 Deputy District Attorney Melissa Diaz and a team of District Attorney investigators.”

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.

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 was prosecuted by Deputy District Attorney Melissa Diaz, the Chief of the DA’s Family Protection Division.

Swim Instructor Sentenced to Prison for Molesting Underage Students

San Diego County District Attorney Summer Stephan announced today that swim instructor Nicholas Piazza, 20, was sentenced to eight years in prison in connection with committing lewd acts against three children while he taught them to swim.

In July 2021, Piazza lewdly touched his 8-year-old student during a swim lesson. During prosecution for that case, as a condition of his release, Piazza was ordered not to work with any minors. Despite the court order, Piazza continued to give private swim lessons and molested two more children including a 5-year-old in June 2022 and a 7-year-old in September 2022.

“This defendant violated the trust placed in him by the parents of the victims in the worst way possible and caused harm and trauma to his victims with his lascivious crimes,” DA Stephan said. “Today a measure of justice was handed down for the victims, their families and the community affected by this disturbing crime.”

Piazza pleaded guilty to one felony count of a lewd or lascivious act against a minor under the age of 14 and two misdemeanor counts of annoying or molesting a child. The incidents happened between the Summer of 2021 and the fall of 2022.

As a result of the plea, Piazza will be required to register as a sex offender.

Deputy DA Isaac Jackson prosecuted this case.