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A woman cited for wearing Google Glass while driving in San Diego has been released from any charges. The woman was pulled over by CHP around 7:30 p.m. for speeding on Interstate 15 in late October, the same time that the officer gave her a ticket when he saw that she was wearing the glasses. This one-of-a-kind case, the first ever in the United States, has received national recognition, sparking the debate on whether Google Glass technology is a distraction for drivers. San Diego traffic court commissioner John Blair felt that there was insufficient evidence that the woman behind the wheel, Cecilia Abadie, was actually operating the glasses while driving. Also dismissed was the related speeding ticket, for similar reasons. The officer cited Abadie for violating California Vehicle Code Section 27602, which states that drivers can’t view television or video signals was driving. Blair concluded that each ticket had no proof beyond a reasonable doubt to support its accusation. According to California’s current traffic laws, Google Glass is indeed illegal to operate while driving, however in this particular case, Blair argued that the officer failed to present legitimate evidence that Abadie had the glasses in use while she was driving. The Google Glass features a reflective display screen on the right lens, blocking vision of the right eye and posing a threat to drivers. Abadie testified that she had the glasses in sleep mode and was not operating them during the drive. Google Glass wearable technology is Google’s newest experiment. They feature wireless Internet access, Bluetooth technology, voice recognition, and can perform tasks including responding to voice commands, checking email or airline flight times, and taking pictures or videos. The glasses are currently being tested by 10,000 people across the nation, and aren’t expected to become available to the public until later this year for a lofty price of $1,500.

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“Google Glass Driving Ticket Dismissed”- UT San Diego, January 16, 2014

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Two local gangs in San Diego located out of North Park have been indicted for a large compilation of criminal affairs. San Diego police and the FBI have arrested 17 gang members and associates who had direct involvement in the case, which is comprised primarily of sex trafficking crimes spread throughout the country, but also other crimes including murder, attempted murder, kidnapping, robbery, and drug trafficking. Three other suspects were arrested in Arizona and New Jersey and three remain yet to be found and brought to justice. Sadly, prostitution has became an increasingly profitable business for street gangs, whose members proudly flaunt their “pimp status” with gold chalices and scepters worth thousands of dollars on the internet through social media sites, showing the extent to which gang activity can spread. San Diego U.S. Attorney Laura Duffy stated on this issue, “The kind of sex trafficking described in this indictment is nothing less than modern-day slavery. Unfortunately, more gangs are expanding from traditional pursuits like drug dealing into this lucrative business.” Duffy also stated that this will be the second time her office has utilized the racketeering statute to pursue a street gang, the first in 2011 when 39 members of an Oceanside gang were indicted for charges involving the prostitution of women and underage girls. All defendants in the current case have been accused of luring young women and girls into prostitution either against their will or by methods of persuasion and manipulation. Shockingly, they are accused of traveling to several cities throughout 23 states and selling sex in local hotel rooms, acts that have accumulated 60 known female victims thus far, 11 who were minors as young as the age of 15. The defendants being held locally are set to make their first court appearance in front of U.S. Magistrate Judge Barbara Major.

In connection with the case, murder accusations date back to 1995 with the killing of a 20-year-old pizza deliveryman named Tariq Khamisa who was shot to death during a robbery believed to be executed by gang members. Authorities have also taken several illegal items into custody that were found during their arrests, including two guns, six luxury cars, more than 50 pairs of Air Jordan shoes, flat-screen televisions, thousands of dollars in cash, and multiple marijuana plants. The indictment states that the crimes were headed by a combination group of the two gangs in the North Park neighborhood that police have named “BMS”. Members of the group even went so far as to cross ties with other local street gangs for the management of prostitutes, hotel room booking, money handling, and the distribution of drugs. Attorney Duffy said, “Members of BMS are really akin to a crime family whose members were all working together to commit various crimes for one purpose. And that purpose was simply to earn money for the organization.” All the defendants recruited young girls and women into prostitution through various methods including threats, violence, and promising them a glamorous lifestyle, and then branded them as property with tattoos and bar codes. Many of the victims were picked up through popular social media sites such as Instagram, Facebook, YouTube, and Twitter. Several of the defendants and their obedient victims were also found to have attended “Players’ Balls” parties which took place all throughout the country. These parties are intended to celebrate the gangsters, pimps, and prostitutes and glorify their so-called business ventures. The victims of this case have thus been pulled out of the horrific life they had fallen prisoner to and are being offered medical and psychological services.

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A deadly crash involving a drunk driver is under investigation in San Diego. The accident took place south of Old Highway 80 on Church Road at around 4:10 p.m., which left the supposed drunk driver dead and the other victim with severe life threatening injuries. According to CHP Officer Kevin Pearlstein, the driver, a 21-year-old Woman from El Cajon, was driving her Cadillac Escalade on the wrong side of the highway and hit both the right and left side metal guardrails. The victim, a 41-year-old Woman from Humboldt, was driving her 1998 Acura Integra heading northbound when the Escalade collided with her head-on, slamming the car on top of the guardrail and causing itself to roll completely over onto its side. Both drivers were immediately flown to Sharp Memorial Hospital in San Diego by paramedics. Unfortunately the driver of the Escalade was not wearing her seat belt at the time of the accident and was thrown from the vehicle while rolling from the collision, resulting in her untimely death. The victim endured serious life-threatening injuries and was admitted at the hospital for immediate treatment. Officer Pearlstein stated, “It appears alcohol was a factor.” Drinking and driving remains a pressing issue for our California legal system. While many new provisions and safety measures have been put into action in recent months by local law enforcement, some drivers are still making the wrong decision to consume alcohol and operate their vehicle. The Leslie Legal Team encourages drivers to not make that decision and withhold from drinking and driving, however we understand that these circumstances do arise and we strongly advise retaining an experienced DUI attorney when they do. Hiring the right attorney to handle your DUI charges can make an enormous impact on the outcome of your case and your life.

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“DUI suspected in East County head-on fatality”– SD 6 News, January 10, 2014

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A DUI related crash in San Diego has left three killed and five injured. 25-year-old William Cady was driving five passengers in a 2000 Cadillac Escalade around 11:15 p.m. when he lost control of his vehicle. He was heading North from Interstate 805 onto the Westbound Route 52 ramp when he swerved off the road and rolled several times over the dirt embankment. The car then hit a pillar and tumbled back into traffic causing an oncoming Acura to crash into the Escalade and another car coming from behind to hit the Acura. Shockingly, the Escalade still managed to roll across both the westbound and eastbound lanes of the highway and landed in an eastbound side ditch as its final resting point. Cady and his four passengers were not wearing seatbelts at the time of the accident and were ejected from the SUV, resulting in the death of three passengers who were 23, 29, and 35 years of age. CHP officers arrested Cady on suspicion of drunk driving at the scene though he was sent directly to Scripps Memorial Hospital in La Jolla to be treated for his injuries. The one surviving passenger from the SUV, of 25 years of age, was rushed to Sharp Memorial Hospital. Two of the motorists from the other vehicles involved in the accident were also hospitalized with minor injuries. Names of the victims have yet to be released due to pending notification from family members. CHP Officer Art Platero said that witnesses of the accident noticed that the Escalade had been moving at a noticeably high speed immediately prior to the crash. At this point in time, the multitude of possible charges Cady is facing makes retaining an experienced criminal defense attorney crucial to the handling and outcome of his case. If convicted of DUI manslaughter, Cady will face very serious criminal charges as punishment for his negligent decisions.

Sources:

“3 Killed, 5 Hurt in DUI Crash” – CBS 8 News, January 12th, 2014

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A new DUI awareness campaign was launched in San Diego right before the Thanksgiving holiday. The launch, titled “RADD-OTS SD Hospitality DUI Task Force”, was put together by the entertainment industry’s leader in road safety, RADD, as well as the California Office of Traffic Safety, OTS. Both RADD and the OTS announced their team up during a holiday media event in the Gaslamp Quarter at famous restaurant Dick’s Last Resort, encouraging San Diegans to plan ahead before celebrating the holidays by designating a driver or calling a cab. The DUI task force has partnered up with local government, law enforcement, the military, area colleges, and road safety experts, in a commitment to reduce the number of DUIs and enhance public safety. In doing so, the task force is promoting responsible beverage service, alternate transportation options, designated drivers, and is focused on providing more overnight parking options. Deputy Administrator of the US Department of Transportation’s National Highway Traffic Safety Administration, Bill Kootsikas, cited a troubling 4.6 percent national increase for alcohol-related deaths and a 3.6 percent increase in California, in the past year alone. The new alliance between OTS and RADD however, has successfully designed immediate DUI prevention strategies in the region and many officials, including OTS Assistant Director of Operations David Doucette and President of RADD International Erin Meluso, are praising the task force for its powerful influence. Meluso, who lead RADD’s “Friends Don’t Let Friends Drive Drunk” campaign, encouraged San Diegans to pledge, ‘from now on, I won’t let my friends drive drunk.’

San Diego’s Supervising Agent in Charge for The Department of Alcoholic Beverage Control, Jennifer Hill, has stressed the need for San Diegans to start taking responsibility, including for Licensees to practice responsible alcohol service, ID checks, and employee training on the issue. She also suggested that families should make it a priority to communicate with one another and with friends on how to make responsible choices regarding withholding from driving while drinking. Overall, the holiday task force is being commended with high praise for its aggressive approach to road safety. Law enforcement will be conducting many traffic checkpoints and DUI patrols, starting Thanksgiving and continuing through New Year’s Eve, all throughout San Diego and San Diego County. Even other non-law enforcement agencies are making an effort to support the task force, including the San Diego Metropolitan Transit System, Gaslamp Quarter Association, North Park Main Street, and Discover Pacific Beach. The SDMTS has added several new transportation options people can choose over driving, those being expanded taxicab service and extended trolley and bus service hours to accommodate late night partiers. As a criminal defense legal team, we have years of experience dealing with DUI violations. Our advice to everyone planning to celebrate the Holidays with alcoholic beverages this year is to take advantage of the preventative measures being offered, and make prior arrangements before heading out. However, if you or a loved one do in fact find yourselves facing DUI charges, hiring an experienced legal team to handle your case is absolutely essential to achieve favorable results and lessen the consequences DUI citations pose.

Wishing everyone a happy and safe holiday season!

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The man responsible for the death of a young 10-year-old boy in Miramar Ranch, San Diego has been ordered to stand trial on the felony charges of involuntary manslaughter, criminal storage of a firearm, and child endangerment. According to prosecution, the owner of the gun, 56-year-old Todd Francis, had the gun stored in a negligent manner and had the gun loaded prior to the accidental shooting. Francis is currently out on bail as he awaits his conviction, which could be years of prison time. The young boy, Eric Klyaz, was playing with Francis’ daughter in the garage of Francis’ home when the incident occurred, around 4:15 p.m. on June 4th of this year. Repairing a nearby garage door at the time of the accident, Mark Jones testified that he heard the shot along with the screams of a young girl. At this time he ran over to find Eric lying on the garage floor with a gunshot wound on his chest and surrounded by boxes, furniture, and other items. Jones stated, “There was a gun. It was sitting on a sofa on top of what looked like some laundry.” He also told authorities who arrived at the scene that the hammer on the gun was pulled back. San Diego police Officer present at the scene, Vito Messineo, testified that he spoke to both the young girl and to Francis later on. According to Messineo, Francis told him the gun had been hidden and he was sure it was not loaded, stating, “If that kid dies, I don’t want to live anymore.” At the San Diego Superior Court hearing, the young girl attended with her mother and a dog used to comfort young witnesses, however declined to take the oath due to her traumatized and despondent nature. Francis’ criminal defense attorney aggressively argued that the evidence provided was exceedingly inadequate to support the claims against her client. Despite her argument and no testimony from the young girl, Judge Peter Deddeh later resolved that enough evidence was presented during the preliminary hearing to send the case to trial.

In the beginning of the hearing, Deputy District Attorney Mathew Dix presented several facts regarding the case that both the prosecution and the defense agree with, one of these being that a deputy medical examiner had determined that Eric was shot at intermediate range and it is unlikely he had shot himself. Francis’ wife, Susan, testified at the hearing as well, along with her teenage son who was at the house at the time of the accident. Susan told the court that she had asked her teenage son to watch his younger sister that afternoon while she ran errands. She was gone for a short time when her son called urging her to come home. Her teenage son testified to the court that he was upstairs in the family’s town home when police contacted him. He told them he didn’t know that his little sister had been playing with her friend Eric and that it was common for the children in their neighborhood to play together in their open garages. Assigned as the detective on the case, Brett Burkett spoke with Francis’ daughter while he was testing the children’s hands for gunshot residue, in an attempt to determine who fired the gun. Burkett said the young girl told him she may have but she was unsure, and found gunshot residue on her hands. At a later time, the young girl told a social worker that she and Eric were both playing with and looking at the gun when it fired off and that she did not put any bullets into it. All together, this case is an unfortunate and devastating situation that could very well have been prevented.

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The San Diego Police Department has scheduled a DUI checkpoint over the Thanksgiving holiday. San Diego Deputies will conduct the DUI and driver’s license check on November 23rd and 24th in Poway, which will be in effect from 7 p.m. to 3 a.m. Funded by a grant through the California Office of Traffic Safety, the checkpoint will be staffed with officers trained to identify possible signs of drivers under the influence of alcohol or drugs. The CA Office of Traffic Safety has also made a point to encourage motorists to report drunk drivers by calling 911. In an official news release, the San Diego Sheriff’s Department released a statement regarding the checkpoint, stating, “The San Diego County Sheriff’s Department is well aware of the community’s concern for persons Driving Under the Influence of Alcohol and/or Drugs. The San Diego County Sheriff’s Department is taking a major countermeasure by implementing a DUI/Driver’s License Checkpoint. The primary intent of this checkpoint is to educate the public of the dangers associated with drinking and driving. Additionally, this checkpoint will serve as a deterrent to potentially impaired drivers. Finally, this checkpoint provides an important governmental service by promoting public safety. The focus of the operation will be the apprehension of suspects who are determined to be operating a motor vehicle while intoxicated and/or under the influence of drugs or driving while unlicensed/suspended.” It is important for all drivers to remember that driving under the influence of alcohol or drugs renders serious consequences and court penalties which will negatively affect all aspects, both personal and professional, of your life.. If you or a loved one are pressed with DUI charges, the Leslie Legal Group strongly encourages you to retain an experienced criminal defense attorney who will make a significant impact on the outcome of your case.

Sources:

“DUI Checkpoint Scheduled in Poway”– The Patch News, November 15, 2013

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A San Diego woman, Soranon Booppanon, was arrested for felony DUI and vehicular manslaughter after colliding with another vehicle near the UTC mall in University City, leaving a 77-year-old man dead. If found guilty, Booppanon could be looking at up to 15 years in prison as punishment for this crime. The crash, which occurred on October 23rd around 10:30 a.m., involved Booppanon, 39, and three other vehicles of whom Booppanon hit after running a red light. Police reports state that Booppanon was driving her Toyota Prius when she ran a red light at the La Jolla Village Drive and Genesee Avenue intersection, hitting a Volkswagon Golf, an Audi, and a Nissan truck. Tragically George Matteson, the driver of the Volkswagon Golf and a resident of Pacific Beach, passed away due to his injuries. His wife, Betty Matteson, who was also in the vehicle at the time of the crash, was also seriously injured but did in fact survive. The driver of the Audi and Booppanon had minor injuries and the Nissan driver was unharmed. Despite being accused for driving under the influence of prescription drugs at the time of the crash, the San Diego District Attorney’s office validated that Booppanon has been released from custody to receive treatment for preexisting medical issues. Her release was not free of objections from prosecutors who argued in court that Booppanon was on strong prescription medications and should under no circumstances have been driving that day. However, a defense attorney pleaded to the judge that Booppanon is suffering from a viral infection and medical conditions stemming from multiple injuries she sustained during her 13-year servitude in the U.S. Air Force. He also stated that Booppanon was actually on her way to the Veterans Administration at the time of the accident. Upon agreeing to Booppanon’s release, the judge ordered her not to drive and to only leave her house when she needs to attend medical appointments. Booppanon is due back in court November 5th and & 7th for a readiness conference and preliminary hearing.

Sources:

“DUI Suspect in Fatal Crash Released from Custody”– NBC 7 News, October 31, 2013

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The oldest brother of Mexico’s highly feared Arellano Felix drug clan, Francisco Rafael, was murdered in Baja California. Rafael was shot to death by a gunman wearing a clown costume at his rented beach house in the Baja beach resort of Los Cabos. The attorney general’s office in Baja California Sur state relayed that relatives of Rafael confirmed his identity at the scene of the crime. A graphic photo from the scene showed his body in a grotesque form lying on the floor inside the house. Authorities are investigating the motive behind the killer and any connection to his clown disguise, as both are yet to be uncovered. According to an official at the Baja California Sur state prosecutor’s office, the killer’s clown costume was a complete head to toe get-up including a wig and a round red nose. Sadly, this murder is just one violent act of many related to the clan.

The Arellano Felix drug clan is known for its violence and brutality as it ruled the drug trade in Tijuana throughout the 1990’s. Surprisingly, Arellano Felix was already in prison when the gang rose to power. Kirby stated, “He (Arellano) was never really part of the leadership of the big organization, mostly because he was in jail in Mexico. He was arrested before they became what they really became.” In 1993, Arellano was arrested and sentenced to 10 years for aiding the murder of Roman Catholic Cardinal Juan Jesus Posadas Ocampo and weapon possession. Due to his illegal past, Mexican officials were heavily worried that upon his release from jail, Felix would return to drug trafficking. Out of desperation to keep this from happening, Mexican officials asked their U.S. counterparts to push his extradition as his current sentence reached completion. Former federal prosecutor in San Diego, John Kirby, found enough evidence to bring charges on the 1980 drug case and helped co-write an indictment in 2003 against the Arellano Felix cartel. Finally in 2006, Arellano Felix was extradited to the U.S. facing charges relating to the 1980 case when he sold cocaine to an undercover police officer in the United States. After being sentenced to six years in prison on these drug charges, he was granted parole and released in 2008 before being deported back to Mexico.

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55-year-old Jeffery Barton, the former top administrator of the Army and Navy Academy military boarding school in Carlsbad, has been charged with molesting numerous students from 1997 to 2001. Earlier this week, Barton pleaded not guilty to 16 felony counts of sexually abusing two cadets at the boarding school. If found guilty, Barton could be looking at 15 years to life in federal prison. All of the alleged victims are said to have been students of the academy when the molestations occurred. Deputy District Attorney Tracy Prior filed 16 felony charges against Barton, composed of two counts of sodomy by force and 14 counts of oral copulation by force. Each of these charges holds a potential sentence of up to eight years in prison, however due to being charged with multiple accusations of molestation, prosecutors are seeking a sentence of 15 years to life. The 13-page long complaint goes into detail about Barton’s victims. Starting at the young age of 14, one victim was allegedly molested by Barton continuously from 1999 to 2001. The molestations reportedly occurred in Barton’s office, in his home on the campus, in his car, on an overnight ski trip to Big Bear, and during an overnight rock-climbing trip to Joshua Tree. It also discusses a proposed “open doors and blinds” policy that Barton overruled and a bout of angry behavior Burton expressed towards a coworker for questioning one of the students about his overnight trips with Barton. Under California state law, certain serious sex crimes can be charged after the 10-year statue of limitations has passed under the requirement that the victim was under 18 years of age at the time of the crime and that there is evidence to validate the victim’s claims. Barton is currently jailed on a $6 million bail.

After the first victim came forward in June of this year, and extensive investigation began. Since then, seven accusers have come forth with similar testimonies. Barton promptly resigned in June once the first of the accusations was out, after working 18 years at the private academy and reaching head of schools as the administrator in charge of academic and residential programs. Before reaching this position, Barton worked for four years as the head of the academy’s lower school grade 7-9 and had been in charge of the school’s summer program. The second victim reported his accusations earlier this month. The most recent court documents for the case that were obtained earlier this week details a long history of suspicious signs and allegations against Barton. Included in these papers were stories of children whose disclosures to parents about Barton’s actions against them were simply brushed aside or dismissed as phony, of employees who were concerned something was not right, and of prior police investigations cut short when the victims suddenly and questionably denied abuse. Barton’s accusers say they initially feared skepticism, retribution, and teasing by their peers, keeping them from speaking up all these years until now. Despite these horrendous accusations, a court filing Barton submitted was comprised of a stack of letters from people attesting to his solid character and excellent work performance. An attorney who has performed legal work for the academy, wrote one of the letters in which he stated, “I do not believe he is guilty of the charges against him.” Nonetheless, any criminal defense lawyer taking on a case as abounding as Barton’s has his or her work cut out for them.

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