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
The Santa Ana Police Department(SAPD) is able to connect crimes and their perpetrators by using ballistic imaging. The equipment and training is provided by ATF, the Alcohol Tobacco Firearms and Explosive. This system compiles ballistics images of firearm cartridges linked to crime scenes. After creating a digitalized image from a gun confiscated by SAPD that image is compared to previously collected crime scene evidence. The markings on a gun cartridge are made by one specific gun, similar to a fingerprint, linking that particular gun to other incidents where matching cartridges were found. There is always the possibility that the same gun was used in various incidents but it does not mean that the same person was responsible in all cases. Low level crime circles can easily sell a gun to get quick cash or simply let others use it for a short period of time. What is possible is that whoever had it at the time of confiscation might know something about previous owners creating a chain of connection between people and eventually leading to the perpetrator of the crime. The Law Offices of William W. Bruzzo has previous experience with ballistic comparisons in criminal cases.
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
