orange-county-sheriff - Law Offices of William W. Bruzzo

The McStay Family Mystery

Law Offices of William W. Bruzzo — Fri, 09 Apr 2010 19:06:00 GMT

There has been new information on the possible whereabouts of the McStay family. The four members including two young boys have been missing for three months. Their Fallbrook home had no evidence of their whereabouts or why they left. They have not contacted their relatives or family since early February. Michael McStay, Joseph McStay’s brother, has received two e-mails explaining that his brother Joseph and his two kids were seen in a store located in an area close to the Gulf of Mexico, another e-mail states they were closer to the Pacific coast of Mexico. Video footage has been collected and there is footage of the family. One is from a surveillance camera from their neighbor’s security camera in Fallbrook. The other footage is from a business close to the Mexican border showing the family crossing into Mexico. The Sheriff’s Department has found that a computer in the McStay house was used to look up traveling to Mexico. The FBI has also joined the search for the family, while Michael McStay has planned to pass out fliers near the border over the weekend.

Orange County Sheriff Drives Drunk has Two Collisions in one Night

Law Offices of William W. Bruzzo — Wed, 10 Mar 2010 03:31:00 GMT

The Orange County Sheriffs Department is investigating one of their own for suspicion of driving under the influence and crashing into a vehicle. On Monday of this week Orange County Sheriff’s Deputy Allen Waters was involved in two collisions. The first incident happened in front of City Hall in Dana Point where deputies were called and took an incident report. It was not explained if the Lexus was parked or what the damage was, but Deputy Waters and the driver were able to go on their way. Within the hour CHP was called to a collision again involving Waters in Laguna Niguel. The California Highway Patrol reported that Waters made an unsafe turn to the right, and the resulting impact sent his car off multiple curbs and then into a Toyota with an elderly couple inside. One of the victims was taken to the hospital. At this collision the CHP reported that the unsafe turn was “…due to Waters’ level of intoxication” according to the Orange County Weekly. The Orange County Sheriff’s Department will conduct a full investigation. Driving under the influence can be filed as a misdemeanor or a felony. If a driver has three previous convictions and picks up a fourth case in a ten year period then the fourth case can be filed as a felony. Or, if a driver has never had a DUI previously but while driving drunk causes bodily injury to another then that case may be tried as a felony.

A first time misdemeanor DUI carries a maximum punishment of 6 months but most people do no jail time although they must pay a fine, attend an alcohol school and are put on three years of informal probation. A second time DUI within 10 years of a previous DUI has the same punishment except the maximum jail time is 1 year; the actual punishment varies from county to county. In Orange County an individual is looking at between 45-60 days in jail on a second DUI. On a third DUI the minimum punishment is 120 days by law and on a fourth DUI within 10 years of three previous convictions the maximum is 3 years in state prison. There are many possible defenses to driving under the influence. (See Vehicle Code Sections 23152(a), 23152(b), 23153(a), 23153(b).)

Orange County Deputies bring Lawsuit to Stop Early Release of Inmates

Law Offices of William W. Bruzzo — Fri, 19 Feb 2010 04:07:00 GMT

The union representing around 1,800 deputies with the Orange County Sheriff’s Department filed a lawsuit on February 16, 2010 to stop the early release of inmates from Orange County jails. This lawsuit, modeled after the one filed in Sacramento County, is the second one of its kind. In the Sacramento case, the judge issued a temporary restraining order halting the release of inmates under the new state law SB X3 18. Superior Court Judge Loren E. McMaster ruled that “the law was intended for state, not county inmates, and that the release of inmates into the streets while the number of deputies is being reduced is a ‘formula for disaster'” (Orange County Register). Attorneys representing the union argued that the state law, which went into effect January 25th, was meant to affect state prisons only, not county jails. Between January 25th and February 9th, 311 inmates have been released early from Orange County jails. Other counties, such as Los Angeles, are applying the law differently and in turn not releasing any inmates early. In the present suit, attorneys have also cited an inmate who was released early from Sacramento County jail on charges of assault with a deadly weapon who then went on to attempt to rape a woman just hours after his release. Kevin Peterson’s case is commonly referred to by law enforcement officials when stating opposition to this new law.

Orange County Man Wearing a Bike Helmet Robs Bank

Law Offices of William W. Bruzzo — Fri, 15 Jan 2010 18:20:00 GMT

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.

Attempted Break-In of Deputy’s SUV

Law Offices of William W. Bruzzo — Fri, 13 Nov 2009 04:35:00 GMT

30-year-old Fidel Galindo was arrested on October 22nd for attempting to break into an off-duty deputy’s SUV in Laguna Niguel. The deputy chased Mr. Galindo down after seeing him near his SUV. When he finally caught up with him, he held him until Orange County Sheriff’s Department deputies arrived.

Mr. Galindo was booked and is currently held on a $20,000 bail for attempted auto theft. California has two laws which address the theft of automobiles – Grand Theft Auto and Unlawful Taking/Driving of a Vehicle (“Joyriding”). Both may be charged either as a misdemeanor or felony depending on the facts of your case and if you have any similar prior convictions.

Penal Code 487(d) (1) defines grand theft auto (GTA) as intent to permanently deprive the owner of the vehicle. This offense is typically prosecuted as a felony and subjects you to anywhere from 16 months to four years in State Prison as well as up to $10,000 in fines. The second law, Vehicle Code 10851 (“Joyriding”), requires intent to temporarily deprive the owner of the vehicle. This offense is typically charged as a misdemeanor and subjects you to a maximum of 1 year county jail.

If Mr. Galindo had broken into the car before he stole it, he may additionally be charged with auto burglary under Penal Code 459. However, if an experienced criminal defense attorney can prove that you didn’t intend to deprive the owner of his/her car, you can’t be convicted of GTA or vehicle theft.