San Diego Criminal Attorneys Blog

Enough is Enough: NFL Player, Aaron Hernandez, Charged with Murder

Published on: July 14, 2013 | by Leslie Legal Group

After what seems like a concurring of legal issues, most recent the arrest of Aaron Hernandez, linked to the National Football League over recent years, there is a rising sense among NFL followers that teams should be holding their players to a higher standard of overall character. These Infamous cases include former NFL tight end for the New England Patriots, Aaron Hernandez, currently sitting in a Massachusetts prison on charges of murder. Another is the recent arrest of two Denver Broncos executives, director of pro personnel Tom Heckert and director of player personnel Matt Russell, who were booked for driving under the influence of alcohol this last month. There has been a disturbing pattern of irresponsible behavior that imperatively needs to be cleaned up. According to a database from the San Diego Union-Tribune, there have been 40 instances of NFL player arrests since the start of 2013. Unfortunately, the past and current commonality NFL teams share is the prioritizing of talent over all around character in the formation of their rosters. It seems that the NFL franchises, as a whole, need to shift this priority and begin weeding out players with turbulent or violent pasts in order to fix the fast growing image problem they are facing.

It is difficult, however, to create an acceptable standard for players across the board when the individuals responsible, per their job description, to enforce this standard are failing to live up to their own standards. These individuals should be expected to lead with their granted authority and set the example they wish to see duplicated by their players. As a former competitive athlete myself, I can state from first-hand experience that a lack of respect in the player to coach relationship is absolutely not ideal for a successful team dynamic. The monumental amount of young football players across the country who look up to their favorite NFL players as role models should be ample reason enough to advance immediate changes in the type of athlete and overall person the NFL grants the fortune of daunting that fame laden jersey.

Facing legal issues involving drinking, drugs, and violence has quickly diminished the credibility of the league. And while a DUI does not carry the same weight as committing a murder, assaulting a woman, or passing out in a car full of guns and drugs, all of which have been executed by NFL players, all legal offenses still need be looked at and dealt with in a serious manner. With the eyes of a whole nation watching, the vitality of putting a stop to the array of these occurrences has never been more pressing.

Famous Acitivist Erin Brockovich Arrested for Drunk Boating

Published on: June 19, 2013 | by Leslie Legal Group

Acclaimed environmental activist, Erin Brockovich, was arrested on Friday, June 8 near Boulder City, Arizona and booked with operating under the influence charges. The Nevada Department of Wildlife released information that one of their game wardens stationed at Lake Mead observed Brockovich straining to dock her boat. Upon approaching Brockovich at the Las Vegas Boat Harbor, the game warden also noticed that the 52-year-old woman was struggling with her sense of direction. Nevada Department of Wildlife spokesman Edwin Lyngar expressed that being under the influence of alcohol made it difficult for Brockovich to dock her boat stating, “It’s a simple thing if you can think clearly. But if you add alcohol and unfamiliarity of the area, it can all cause serious problems.” At the time of the arrest, Brockovich’s blood alcohol content was .08, almost twice the legal limit in Nevada.

Brockovich is famously known for her impressive work bringing about environmental awareness, which was depicted in the 2000 film “Erin Brockovich” starring Julia Roberts. The movie tells the real-life story of Brockovich, an unemployed single mother who became a legal assistant and single-handedly brought down a California power company for polluting the water supply of a city. While her story has inspired many environmental activists after her, this arrest shines a negative light on her impressive impact on environmental regulation.

Brockovich was detained at the Clark County Detention Center and was later released after posting $1,000 bail. Local authorities reported that Brockovich was cooperative throughout the investigation and her arrest. Two days after her arrest Brockovich issued a statement apologizing for driving her boat drunk stating, “At no time was the boat away from the dock and there was no public safety risk. That being said, I take drunk driving very seriously, this was clearly a big mistake. I know better and I am very sorry. After a day in the sun and with nothing to eat it appears that a couple of drinks had a greater impact than I had realized.”

Tragic Vehicular Accident Dampens Community

Published on: June 6, 2013 | by Leslie Legal Group

On May 16th in Rancho Penasquitos, an 18-year-old young man named Timothy Barnette was driving east on state Route 56 near Black Mountain Road in his 2002 sport utility Range Rover. At around 9:40 a.m. he veered across the center median and head-on into another car driving westbound. The other driver was identified as 22-year-old Nicholas Hart who’s 2010 Toyota Scion was unfortunately no match for the impact of Barnette’s car. Hart, who according to a relative had been driving to a family member’s funeral at the time the accident took place, was killed on impact. As a Poway High School Graduate and Cal State San Marcos student, the loss of Hart strikes the local community undoubtedly close to home.

According to California Highway Patrol, Timothy Barnette suffered serious injuries from the collision and was quickly hospitalized following the crash. Once released from the hospital, he was booked into jail Thursday afternoon on counts of driving under the influence of a controlled substance and suspicion of gross vehicular manslaughter. Local authorities have yet to specify what type of drug Barnette was supposedly under the influence of when he crashed. CHP Officer Jake Sanchez commented earlier stating that investigators have reason to believe Barnette was driving while impaired by a substance other than alcohol. Barnette was held on $100,000 bail pending arraignment, which was scheduled for Friday morning.

Based on initial reports of this fatal accident, Barnette is very likely to be facing numerous severe penalties for driving under the influence of alcohol or a controlled substance including enormous fines, mandatory license suspension, jail time, participation in programs for alcohol treatment, work projects, and/or community service. These penalties are standard for any and all individuals who are convicted of a DUI. However, Barnette’s case encompasses DUI charges along with the indisputable possibility of gross vehicular manslaughter. As an experienced criminal defense attorney, my law firm has handled numerous DUI and manslaughter cases throughout San Diego. If you or a loved one is ever arrested or has been arrested for a DUI or manslaughter crime, remember that the best way to protect your rights is to speak with and retain a reputable and knowledgeable criminal defense lawyer. I take personal responsibility in my firm’s “commitment to excellence” in obtaining a favorable result on your case.

Too Much Merriment ~ Be Aware San Diego Law Enforcement is Out There

Published on: December 18, 2012 | by Leslie Legal Group

Many are of you are truly enjoying this merry season by celebrating with friends and family. This joyous time of year is filled with festivities, good food, holiday cocktails, and fun. Unfortunately, news reports indicate that some holiday celebrators had too much merriment, and then made the unwise decision to drink and drive. This last weekend 16 suspected drunken drivers were arrested by California Highway Patrol officers at just one checkpoint.

After being stopped near or at the checkpoint located in a downtown East Village neighborhood on G Street, sixteen individuals were arrested for DUI.{FOX5 News} The DUI checkpoint was in operation between the hours of 10:49 p.m. Saturday and 2:21 a.m. Sunday, San Diego Police Officer Mark McCullough stated.

Officials said some of the motorists were caught in areas surrounding the checkpoint, which had extra patrols due to the national “Drive Sober Or Get Pulled Over” campaign. This campaign has been designed to create heightened public awareness and high-visibility enforcement.

San Diego Law Enforcement is Cracking Down on DUIs to Help Save Lives!

Published on: December 10, 2012 | by Leslie Legal Group

As you celebrate this holiday season at festive parties filled with family, friends, and fun,

please keep in mind that San Diego Law Enforcement is cracking down on DUIs to help save lives! “Drive Sober or Get Pulled Over” is the task force campaign being launched by law enforcement from 15 agencies. They will be watching over the local roadways to apprehend drunk drivers drivers in an effort to save lives.

The San Diego County DUI Avoid the 15 Task Force says they will be aggressively looking for impaired drivers. Party-goers please be aware, extra patrols are out there and anyone caught driving under the influence will be arrested. This holiday enforcement crackdown will begin December 14 and it will run through January 1. According to The Village News, law enforcement efforts will include:

Honor National Drunk Driving Prevention Month ~ Celebrate the Holidays Responsibly

Published on: December 4, 2012 | by Leslie Legal Group

With DUI’s on the rise during this festive time of year, it is a great time to remember how important it is to celebrate responsibly. In fact, the merrymaking month of December has been designated as the National Drunk and Drugged Driving Prevention month because it is a time when drunk driving crashes are most prevalent. Make your holiday parties be safe celebrations by following these tips provided by Mothers Against Drunk Driving:

~ Designate a sober driver before celebrations begin.

~ Never serve those under the age of 21 alcohol.

Mom Charged in DUI Crash that Killed 5-year-old Daughter and Playmate

Published on: November 28, 2012 | by Leslie Legal Group

A Chula Vista mom is ordered to stand trial for DUI crash that that resulted in the deaths of her beloved 5-year-old daughter and her daughter’s 5-year-old friend. The 22-year-old mom, who is accused of drunk driving, veered off the road and crashed into the Otay Lake Reservoir. Although rescue attempts were made, tragically the two little girls died that evening.

While under the influence of alcohol, the young mom made the careless decision to get behind the wheel. Unfortunately, Arlene Anna Hernandez, lost control of her 2005 Kia Sedona on eastbound Otay Lakes Road shortly after 6 p.m. on Sunday, August 5, said authorities. According to California Highway Patrol Officer Omar Morales, the vehicle tumbled down an embankment near Wueste Road, overturned, landed on its roof in the water and sank.

News reports stated that Hernandez and Eric Figueroa, who was her front passenger, were able to escape the sinking vehicle. However, their 5-year-old girls were still belted in their seats. Hernandez’s daughter, Lesette Silva and Figueroa’s daughter Giuliana remained trapped in the back seat until they were pulled out by Border Patrol Agent Travis Creteau. He jumped in the murky water in his full uniform to rescue the girls from the submerged SUV. Local area residents also tried to help with the rescue. Even though heroic measures were were taken to try and save the two beloved five-year-olds, both girls died later at Rady Children’s Hospital.

San Diego Teacher Arrested After Fleeing DUI Checkpoint

Published on: November 20, 2012 | by Leslie Legal Group

It was not a fun Friday night for local school teacher, Bret Helvig. According to news reports, the teacher tried to avoid a DUI checkpoint by jumping on the freeway. After leading San Diego police on a short pursuit, he was caught and arrested.

The thirty-eight-year-old, Helvig, drove onto Interstate 5 and then exited off Clairemont Drive hoping he could avoid a Sobriety Checkpoint on 4200 block of Mission Bay Drive in Bay Park. According to San Diego Police Officer Mark McCullough, officers used a spike strip to puncture his vehicle’s rear tire which stopped his escape.

Helvig was arrested for evading a police officer, suspicion of driving under the influence, and for driving on a suspended license, the officer said. Jail records indicated that the teacher was booked into San Diego jail about 4:30 a.m. Saturday and released almost 12 hours later at 4 p.m. that afternoon.

Dental Assistant Found Fatally Stabbed in Carlsbad

Published on: November 12, 2012 | by Leslie Legal Group

This last Friday the tragic murder of a beloved Carlsbad Dental Assistant sadly transpired. Authorities reported that on Friday, November 9, 2012, JoAnne Javier was found stabbed to death in her car of the parking lot where she worked. The 24-year-old, who was late returning from her break, was discovered by her employer slumped over in her SUV. A witness called 911 after hearing a lady screaming, ‘My assistant, my assistant, call 911.”

According to Carlsbad Police, patrol officers responded to a 911 call around 4:30p.m. to the parking lot in the 5800 block of Van Allen Way. Tragically, they found the young woman in her car slumped over and bleeding from her chest. The victim appeared to have been stabbed in the chest multiple times. A short time later, paramedics pronounced the Javier dead at the scene.

Police immediately began investigating Javier’s murder. A few hours later, homicide detectives developed information on a male suspect believed to be responsible for her murder. That suspect was Javier’s boyfriend, John Monta. He is also the father of Javier’s 3-year-old child {NBC 7}. Carlsbad detectives went to Monta’s apartment, with the assistance of San Diego Police.

DUI Suspect Arrested after Smashing into Concrete Center Divider

Published on: November 7, 2012 | by Leslie Legal Group

A San Marcos woman was arrested on suspicion of DUI after she tried to make a U-turn on the Interstate 15 freeway in Temecula ~ ramming her truck into the center median, CHP officials said. Apparently, she was so intoxicated that she tried to drive right through the concrete divider in an attempt to turn around.

In the early afternoon on Monday, Nov. 5, Marlies L. Petersen, 53, was observed by a witness trying to make a slow-speed U-turn through the concrete median on northbound I~15 near Temecula Parkway. According to California Highway Patrol officials, Petersen had been driving her Ford F-150 so erratically that a Menifee man called 911 and cautiously followed her as she headed north on Interstate. Around 2:10 p.m., the witness, Dave Iverson, not only observed her trying to make one failed attempt through the solid barrier, but two unbelievable attempts.

Petersen’s Ford truck became stuck in the soft dirt of the median and Iverson, who still had his eyes on her, took the opportunity to help the suspected drunk driver. According to CHP Officer Nathan Baer, Iverson spotted the truck’s reverse lights go on as he obseverved the driver “flooring it”. Fearing the unpredictable driver might reverse her pickup backwards into freeway traffic, he got out of his vehicle and approached Petersen. Fortunately, he convinced her to stop the truck and hand over her keys.