38-year-old Debra Ayala Tapia was arrested March 23, 2010 on suspicion of felony lewd and lascivious acts with a child ages 14 and 15 and felony oral copulation with a child under 16 years of age (California Penal Code Section 288). Her bail was set at $100,000.
Tapia is said to have had a sexual relationship with a 15-year-old boy in the Santa Ana neighborhood of Orange County and then having his child in November 2009. The boy's mother learned of the relationship when she found letters that Tapia wrote to her son. She then talked to her son and found out that he had sexual intercourse with Tapia, who was married at the time with three children of her own.
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
Last Wednesday night, on March 10, 2010, $10,000-$12,000 worth of gear was stolen from locked outdoor storage sheds at Bolsa Grande High School in Garden Grove, Orange County. The young players were shocked to find their mitts, bats, helmets, cleats, catching gear and pitching machine all gone. 80% of these items belonged to the players themselves and were purchased with their own money. Because of the unfortunate theft, an opening season game against Saddleback Valley Christian was cancelled. Practices, however, have resumed with the players using older or donated equipment, but it is not the same said one of the players. The booster club will now be meeting to discuss fundraising options as about 70% of the school's students come from economically disadvantaged households and do not have the resources to buy new gear. Perpetrators of the crime can be charged with Burglary (California Penal Code 459) or Grand Theft (California Penal Code 487(a) if caught, since they first broke into the sheds and then committed the theft.
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
Richard A. Econ of Lake Forest, Orange County, California was arrested on charges of burglary (California Penal Code Section 459-460)when he walked into Wal-Mart and tried to buy $100 worth of gift cards with counterfeit bills. The Wal-Mart clerk became suspicious after seeing the money, then called the store manager. The clerk then asked to look at Econ's license in order to detain him while they checked out the money. When it was taking too long, Econ fled the store. Within minutes of a brief foot pursuit, deputies had Econ in custody. The U.S. Secret Service will be conducting further investigations to determine if counterfeit charges apply.
Criminal Law Updates from the Law Offices of William W. Bruzzo (714) 547-4636
After seven months of investigating, the Los Angeles County District Attorney has brought criminal charges against Michael Jackson's physician, Dr. Conrad Murray. Murray, a cardiologist, has been charged with involuntary manslaughter (Penal Code Section 192) in connection with Jackson's death on June 25, 2009.
Dr. Murray is said to have acted "without due caution and circumspection." On the day of the tragedy, Murray tried to get Jackson to sleep using Valium and two other sedatives. However, Jackson remained awake for ten hours and demanded a stronger drug-- Propofol. Finally, Murray gave in and gave Jackson Propofol. He left Jackson for two minutes to use the restroom, at which time he also talked on the phone for 45 minutes. When he returned, Jackson was not breathing. The cause of death was "acute propofol intoxication," in conjunction with other sedatives.
Propfol, a drug most widely used by anesthesiologists to render surgical patients unconscious, is so dangerous that the U.S. Food and Drug Administration says only those trained in anesthesia should administer it. Murray now faces four years in prison for the non-intentional killing of Michael Jackson. Had this been more than negligence in administering a drug for an unapproved purpose, Murray could be facing charges of voluntary manslaughter or murder (California Penal Code Section 187).
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
Here is CBSNews video coverage of Dr. Murray's Not Guilty Plea
The night of January 26, 2010, a 17-year-old gang member was arrested in Santa Ana, Orange County for carrying a loaded weapon. The incident occurred when police spotted the teen riding a "beach cruiser" and "acting suspicious."
When the officer tried to stop the teen, he jumped off the bike and ran. Police found him later hiding while carrying a loaded .38 caliber revolver.
California prohibits any individual from carrying a concealed firearm upon his or her person or within any vehicle under his or her control or in which he or she is an occupant. Under California Penal Code Section 12025, carrying a concealed firearm is punishable by imprisonment in the state prison, OR by imprisonment in a county jail not to exceed one year, by a fine not to exceed one thousand dollars ($1,000), OR by both fine and imprisonment if: (1) The firearm and ammunition are in immediate possession. Notably, a weapon that is loaded can be transported in a car if it is in a locked container like a carrying case or in the trunk of the car. It can only be carried on the person if the individual is going to or from a vehicle and the weapon must still be in a locked case.
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
Glynn Johnson, a former Los Angeles County assistant fire chief, was found guilty in Riverside County Superior Court to charges of animal cruelty (California Penal Code Section 597(a)) and use of a deadly weapon (California Penal Code Section 12022) for beating a puppy to death outside his Riverside home. The deadly weapon used to kill the mixed breed shepherd, Karley, was a 12-pound rock. Johnson was accused of the crime after a long standing feud between him and his neighbors back in 2008 where he left dog feces in his neighbors' mailbox along with a letter warning them to keep their dogs off his property.
Weeks before Johnson's arrest, protesters from various animal-rights groups were gathering in front of the District Attorney's Office asking that Johnson be prosecuted. Johnson is now facing custody time as well as a hefty fine for his crime.
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
Investigators at the Orange County Sheriff's Department as well as the FBI are investigating a strange robbery that occurred at a U.S. Bank in Lake Forest, Orange County on January 11th. A man wearing a bicycle helmet went inside the bank and held a teller at gunpoint while demanding cash. He handed the teller a note and then took the note back and left the bank. He was not seen getting into a vehicle or, more importantly, on any bicycle.
California Penal Code Section 211 defines robbery as "the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear." The fear may be either that of an unlawful injury to the person or property of the person robbed or of any relative of his or member of his family; OR the fear of an immediate and unlawful injury to the person or property of anyone in the company of the person robbed at the time of the robbery.
Because the U.S. Bank teller was held at gunpoint, he/she was most likely placed in fear of his/her life, thereby constituting a robbery. When no force or fear is involved in the taking of personal property, it is simply a theft, carrying a less serious punishment.
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
On January 6, 2010 in Orange County, Christopher Ontiveros, a history teacher at Oxford Academy, pleaded not guilty to charges of sexual acts with a 17-year-old student in his class. Several explicit text messages have been discovered, implicating Mr. Ontiveros.
The history teacher started out by tutoring the young female student after school and then later counseling her on medical issues, and eventually, spent time with her outside of school. The student told police that Mr. Ontiveros kissed her once at the end of the last school year and once school resumed in September, the relationship grew more intimate. In one of his numerous texts, he wrote, "Maybe there's many ways to prove myself, but one for sure is when I get to hold u and share this ecstatic love making, it's real and binds us."
The Orange County District Attorney has charged Mr. Ontiveros with three felony counts of sexual penetration by foreign object of a minor (California Penal Code Section 289), one felony count of oral copulation of a minor (California Penal Code Section 288a), one felony count of distributing harmful sexual material to a minor, one felony count of contacting a child with intent to commit sexual penetration, and one misdemeanor count of sexual battery. If convicted, Mr. Ontiveros faces a maximum sentence of six years in state prison.
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
This video, OC in Two, is produced by the Orange County Register and includes information about this case.
Los Angeles, Ventura, and Orange County police agencies believe that there is a group of criminals targeting shoppers of Apple stores. Once the customers go to their cars to drop off the items and continue shopping then the alleged thieves come in and break into the vehicles ( a violation of Penal Code section 459-460). A sting operation was conducted in Mission Viejo in Orange County and three men from Los Angeles were apprehended. Each is being charged with 28 counts of second-degree burglary, grand theft (Penal Code Section 487), possession of burglary tools (Penal Code Section 466)-unlawful tampering with a vehicle. An undercover officer went into the Apple store and bought a printer then took it to his car and changed parking locations in order to shop at other stores. It was not described how long the deputy was followed by the suspects before he parked at another location. According to the Orange County Register, officials noticed a pattern of break-ins during the holiday shopping season. The same type of incidents has happened in L.A. and Ventura County and officials in San Bernardino are also being informed of the trend.
Criminal Law Updates by the Law Offices of William W. Bruzzo (714) 547-4636
KTLA.com reports on Thieves Targeting Apple Store Customers
Bubba, an award-winning bulldog, was stolen last week on December 15th in Santa Ana, Orange County. The owners are offering a $2,000 reward for anyone who can return their prized possession.
California Penal Code Section 487e states: "Every person who feloniously steals, takes, or carries away a dog of another which is of a value exceeding four hundred dollars ($400) is guilty of grand theft." Bubba recently won second place in the Eukanuba dog show in Long Beach; he has been micro chipped and is worth more than $10,000. "I bring him out every day to work because he is kind of like my little kid," the owner said. "He's not only a show dog, but he's like my little baby." Grand theft is punishable under Penal Code Section 489 by imprisonment in a county jail not exceeding one year or in the state prison.
In Bubba's case, an employee accidentally left a door open and the bulldog wandered out of the building. Witnesses told the owner that two men about 20 years old cut across three lanes of traffic in their car to lure the dog inside. The Law Offices of William W. Bruzzo represent individuals accused of all crimes to include grand theft, Penal Code Section 487(a).
This news video courtesy of KABC-TV Los Angeles:
Criminal Law Updates by William W. Bruzzo (714) 547-4636
The holiday season is a good time to talk about hit and run violations. You might wonder why someone would commit a "hit and run". Sometimes the accused party is afraid, not thinking straight, might be uninsured, might be driving under the influence, might be driving without a license, or they might even believe that since no-one witnessed the event...no harm, no foul. In today's world of cell phones, flip video cameras, intersection cameras, security cameras...it is pretty hard not to have your actions captured on film. In California a hit and run charge is serious(Vehicle Code Section 20002(a))and you should always seek legal counsel.
Here is a testimonial from one client who faced a six month jail term. Solutions are possible with good representation.
"I was charged with one count of hit and run (Vehicle Code Section 20002(a)) for causing more then $5,000.00 in damages then allegedly leaving the scene. I could have faced up to 6 months in jail I hired Attorney William Bruzzo to represent me in this case as I was told he is very familiar with the judges, courts and the district attorneys in Orange County. Mr. Bruzzo spoke with the District Attorney but felt he could get a better deal so he turned to the Judge and in the end negotiated a civil compromise (Penal Code Section 1377) whereby the victim was compensated and the case was DISMISSED. I am truly grateful to Mr. Bruzzo for his representation in this matter as it spared me from going to jail and having a conviction on my record. Also, this case could have been filed as a felony yet remained in the misdemeanor court. As such, I would enthusiastically recommend Mr. Bruzzo for any criminal matter."
~~ MH, December 1, 2009
Pro golfer, Tiger Woods, avoided criminal charges and instead received a traffic citation for his accident that occurred in the early hours after Thanksgiving. There was speculation that a domestic violence incident had occurred after Woods was left mildly injured following an accident where he drove his Escalade into a water hydrant and then ran it into a neighbor’s tree directly outside his home. Following an investigation by the Florida Highway Patrol, Woods will only be cited for careless driving, an infraction which carries a $164 fine and four points on one’s driving record. A police spokesperson stated, "There is insufficient evidence available to issue a subpoena for any additional medical information that might exist in this case... (and) there are no claims of domestic violence by any individual." Woods took full responsibility for the accident in a statement released on Sunday, November 29th and has since pulled out of his own golf tournament that was to take place in California.
The results of the official investigation has not deterred massive speculation regarding Woods' injuries and whether they were truly caused by the car crash or inflicted by his wife prior to the accident during a domestic dispute concerning his recent "transgressions." Many are commenting that Woods seemed to suffer injuries inconsistent with the accident, while Bill Sharpe-an attorney for the neighbors said Woods' injuries were "consistent with a car wreck and inconsistent with him being beat up." Sharpe stated, "The scratches on [Woods']face were consistent with someone who maybe was in a minor car accident and hit his head on the windshield. ... None of his injuries looked like he was beat up by his wife." Woods' wife, Elin, told police she used a golf club to smash the back windows only to help Woods out of the vehicle. Neighbors who called 911 said they saw no indication Woods was beaten or driving under the influence.
Had there been evidence of injuries consistent with a domestic violence Woods' wife could be charged with domestic violence. In California two penal code sections pertain to domestic violence incidents. The first is Penal Code Section 243(e) (1). This law states that when a person purposefully touches his/her partner in an offensive or angry way, he/she is guilty of domestic violence. "Offensive touching" includes smashing a car window when someone is still inside. And, if an injury results from the contact, then one can be charged with Corporal Injury on a Spouse under Penal Code Section 273.5(a). In addition to fines and jail time, a person must complete a one year batterer's treatment program if convicted on one of the above offenses. Had Woods' wife inflicted his injuries during the course of an argument or smashed the car window out of rage, she might be found guilty of domestic violence. Notably, the victim committing adultery is NOT a defense to domestic violence although presumably it could be considered a mitigating factor in a minor case. The only defense to domestic violence is self defense, where the Defendant asserts any injuries sustained by the victim were a result of him defending himself.
This story continues to develop. Here is a short video from the Associated Press showing the Florida Highway Patrol's photos of the vehicle. According to the AP: "A final report on Tiger Woods' car accident outside his Florida home shows he caused $3,200 in damage to property other than his SUV. The report was released by the Florida Highway Patrol. (Dec. 2)"
Criminal Law Updates by Law Offices of William W. Bruzzo (714) 547-4636
Chidi Uzomah was arrested October 30, 2009, for stalking television and radio personality--Ryan Seacrest--at his workplace of E! News in Los Angeles. Uzomah was carrying a three-inch folding knife, but was captured before he got anywhere near the "American Idol" host. Uzomah, a Special Forces reserve, is the same man who attacked Seacrest's security guard just last month outside Orange County hospital during a charity event. A judge had placed Uzomah on three years probation for the prior incident and ordered him to stay away from Seacrest by issuing a temporary restraining order.
For this incident, on November 17, 2009, the judge granted Seacrest a permanent restraining order against Uzomah, which prevents him from coming within 100 yards of Seacrest, his home, his car and his workplace for the next three years. In addition, Uzomah is not allowed to have any direct or indirect contact with Seacrest. He is currently being held on felony stalking charges.
California Penal Code Section 646.9 (a) states that "Any person who willfully, maliciously, and repeatedly follows or willfully and maliciously harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for his or her safety, or the safety of his or her immediate family is guilty of the crime of stalking, punishable by imprisonment in a county jail for not more than one year, or by a fine of not more than one thousand dollars ($1,000), or by both that fine and imprisonment, or by imprisonment in the state prison."
Subsection (b) further states that any person who violates the above section when there is a temporary restraining order already in place shall receive imprisonment in the state prison for two, three or four years.
A red-headed 12-year-old boy was assaulted in Los Angeles on November 20th because of a Facebook message declaring Friday as "Kick a Ginger Day." A "ginger" is a label for someone with red hair, fair skin, and freckles. A group of seventh and eighth graders at A.E. Wright Middle School in Calabasas beat up the red-headed student on two occasions in the same day. A "South Park" episode that focused on prejudice against "gingers" is said to have ignited the Facebook message. Lieutenant Richard Erickson said the boy was "accosted by seventh- and then eighth-graders" and was "kicked and hit with fists in various areas of the body." Fortunately, the 12-year-old did not suffer any serious injuries.
Detectives are investigating the incident as a possible assault with a deadly weapon. California Penal Code Section 245(a) (1) defines this serious crime. The law states: "Any person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm or by any means of force likely to produce great bodily injury shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not exceeding one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both the fine and imprisonment." Notably, a vehicle and almost any instrument that can be held in the hand and even a person's foot can be deemed a "weapon" for the purposes of this law.
Penal Code Section 245(a) (1) is applicable to adults as well as children pursuant to Welfare and Institutions Code Section 602. Under Welfare and Institutions Code Section 602 anyone under the age of 18 can be declared a ward of the court if they are alleged to have violated a penal code section. They are then prosecuted in the juvenile court.
The week prior to Thanksgiving someone apparently intentionally set a fire in the men's restroom of the Orange Public Library. Fortunately, no one was hurt, but the building was evacuated and the restroom sustained some minimal damage. The fire is under investigation.
California Penal Code Section 451 states, "A person is guilty of arson when he or she willfully and maliciously sets fire to or burns or causes to be burned or who aids, counsels, or procures the burning of, any structure, forest land, or property."
So, to prove that someone is guilty of the crime of arson, the State must prove that (1) The defendant damaged or destroyed with fire all or part of something; And (2) The defendant acted on purpose intending to defraud, annoy, or injure someone else.
Arson includes burning someone's clothing or trash not belonging to anyone. The punishment for arson varies depending on what damage results from the fire. The crime can be charged as a felony punishable by imprisonment in the state prison for five, seven, or nine years if great bodily injury results. Arson of property (not one's own) is a felony punishable by imprisonment in the state prison for 16 months, two, or three years.
Criminal Law Updates by Law Offices of William W. Bruzzo (714) 547-4636
Across University of California campuses students have been protesting a 32% increase in tuition. According to the Orange County Register about 300 students protested at the University of California, Irvine in Orange County, California. Last week at UC Berkeley students had been arrested during protesting. Reportedly $800 million has been cut from state funding for the public university system. During a protest there are areas in which people cannot gather, for example blocking the entrance or exit of a building and blocking a public sidewalk. People arrested during this type of gatherings can be subject to violations of Penal Code Section 407 for unlawfully assembly which is a misdemeanor. They may also be arrested for a violation of Penal Code Section 602, Trespass. However, if the people occupy a space without blocking access or have a permit to gather then they are not in violation of the law. Similarly, if authorities ask protesters to disperse and they refuse then it's a violation of Penal Code Section 416 (assembly for purpose of disturbing the peace). If people refuse to leave officers may ask protesters to place there hands behind their backs and explain that they will place plastic ties on their wrists and be taken in. Some follow these instructions others simply remain motionless but do not resist either. They just lie there on their backs and the officer has to position the person to be cuffed and taken in. These individuals may be charged with the most serious of these sorts of offenses, Penal Code Section 148, which prohibits obstructing an officer or resisting arrest.
Here is a video taken at the UCI, where protesters were maced last month: (Warning Contains Some Graphic Language)
Criminal Law Updates by Law Offices of William W. Bruzzo (714) 547-4636
An interrogation video of two teenage killers was recently released in Sacramento. 16-year-old Daniel Russell and 16-year-old Calvin Pearson broke into the home of Marie Oliver, a 90-year-old woman, and beat her to death using her cane. After breaking her nose, cheekbone, eye socket, and two of her ribs, they took off with some of her valuables from her North Sacramento home.
A shocking interrogation video of the two minors (see video link below) just three days after the killing shows them sharing a pizza and some Sprite while discussing how they attacked the woman back in April 2006. In the video, the teens laugh about the killing and say how they should have "been more careful." They question one another about whether the other snitched and show no remorse for their actions. They even go on to guess how much time they would get for the crime and one says: "Man, we're doin' at least a year, knock on wood we don't."
Unfortunately, the teens were way off in their speculations. The boys, who are now 18 and 19, were charged as adults for first-degree murder that carried special circumstance allegations of robbery and burglary and each received life in prison with no chance of parole.
Murder is defined by California Penal Code Section 187 as the unlawful killing of a human being with malice aforethought. CalCrim Jury Instruction 521 defines first degree murder as one that is "willful, deliberate, and premeditated." In this case, the Prosecutor was able to show that the two boys intended to kill Ms. Oliver, carefully weighted the considerations and knowing the consequences, decided to kill her before actually doing so. Section 190 of the Penal Code states that, "Every person guilty of murder in the first degree shall be punished by death, imprisonment in the state prison for life without the possibility of parole, or imprisonment in the state prison for a term of 25 years to life." However, a serious charge such as this may be brought down to second degree murder or even manslaughter with the aid of an experienced criminal defense attorney.
A man and a woman were arrested for committing a string of robberies in Santa Ana while impersonating police officers. Robbers were acting like cops. The individuals suspected are charged with robbing nearly $2,000 from five victims during four separate incidents in one month. Police are still looking for the third suspect.
During the robberies, one of the suspects was wearing a security-type uniform and carried a handgun. The other suspect wore all black clothing and a jacket that said SECURITY. Santa Ana Police Commander said, "The suspects' demeanor was that of police officers and the victims did not realize they were being robbed until the suspects fled with their money."
Robbery, a felony, may be punished by 3 to 6 years in State Prison. California Penal Code Section 211 defines robbery as the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear. Fear means fear of injury to oneself or the person's family or property or to someone in one's company. The value of the property taken does not matter.
An important element for robbery to be established is force or fear. Only an experienced criminal defense attorney can present a robbery defense by demonstrating that no force or fear was used to take the property or to prevent the victim from resisting. See also Penal Code Sections 211, 212.5 and 213; Criminal Law Updates from the Law Offices of William W. Bruzzo (714) 547-4636
Domestic Violence occurs when one person physically strikes another person without consent and the two people are married, in a dating relationship or otherwise romantically involved. This crime can be charged as a misdemeanor or a felony. If charged as a misdemeanor the maximum jail time possible is one-year. If charged as a felony the maximum jail time could be as much as 4-years. In these cases it is important that the accused have a basic understanding of the domestic violence California Penal Code Sections 243(e)(1) and 273.5).
Here is a testimonial from one of Mr. Bruzzo's clients:
"I was charged with Penal Code Section 273.5 [Domestic Violence]; a conviction of this crime could have caused me to spend up to 1 year in custody. I hired William W. Bruzzo to represent me in this matter because he is familiar with the Courts, the Judges and the District Attorneys in the County of Orange. My case was considered aggravated because two witnesses observed me punching the victim multiple times. Mr. Bruzzo told me that a conviction for a violent act such as this would have been detrimental to my record and therefore my future. He worked hard to get the charge changed. In the end he had the charge reduced to a Penal Code Section 415 [Disturbing the Peace]. The Domestic Violence Charge was dismissed. I truly believe that without Mr. Bruzzo's familiarity with the Orange County Courts and the law I would not have received such a good result. I would enthusiastically recommend him for any criminal matter." ~ NS 9/28/09
