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In Escondido, North County San Diego, around 9:00 p.m. an 18 year old women driving a Mitsubishi Mirage carrying a 16 year old passenger collided with a pickup truck. The traffic collision occurred at the intersection of South Escondido Boulevard and South Centre City Parkway. The 18 year old female was pronounced dead on sight of the accident while her 16 year old passenger suffered serious injuries. The 37 year old man who was driving the pickup truck suffered minor injuries. The 18 year old driver had pulled out to make a left turn onto South Centre City Parkway when the pickup truck collided with the side of the Mitsubishi Mirage; causing both cars to roll and finally ending after colliding with the center divide. Police don’t believe the driver was under the influence of drugs or alcohol, dui, when the traffic accident occurred.

Parents please inform your kids to drive safely!! As parents we often warn our kids of the dangers of drinking alcohol and driving but we must also harp on them about the dangers and consequences of just distracted (cell phone use) driving. A car or truck driven poorly is no difference than handing a loaded firearm to an inexperienced gun handler….No matter how good your kids think they can drive share with them all the teenage deaths that have resulted from traffic accidents in the last two years in San Diego County. The number will shock you! The slightest distraction from the road is all it takes to cause serious injury or even worse death.

The full article can be found here:

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beer.jpgOceanside Police Department has scheduled two more DUI checkpoints this week. Sergent Jeff Brandt said that these checkpoints will run from 11 a.m. to 4 p.m. Wednesday and 8 p.m. Friday night to 3 a.m. Saturday morning. The goals of these checkpoints is searching for drunken drivers. The location of these checkpoints is being withheld from the public until the after the scheduled time. As we know from before these checkpoints are usually held on large streets, like Oceanside Blvd., El Camino Real, and several others. As always be sure to have a designated driver for any partying this Friday night, and every party occasion. But if you do get arrested for DUI feel free to call for a FREE legal consultation.

North County Times, Local Upates; Local Briefs, DUI checkpoints Announced June 2, 2010

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Oceanside Police officers are conducting a DUI checkpoint this memorial day weekend to look for drunk drivers. It’s scheduled to run from 8p.m. on Sunday to 3a.m. early Monday morning as part of their DUI enforcement and awareness program. Police have not yet released any location on were this DUI checkpoint would be located.

Please be aware that recent Oceanside DUI roadblocks have been located on Oceanside Blvd. between El Camino Real and Rancho Del Oro and on College Blvd. between Via Cupeno and Adams street. Remember it is best to not drink alcohol and drive and if you go out drinking with friends make sure you have a Designated Driver. However, if you are arrested for a DUI please feel free to call my firm for a free legal consultation.

North County Times May 25, 2010

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Condo.jpgSan Diego developer James Delbert McConville and five other associates consisting of, a licensed real estate agent, a banker,and an escrow officer of a title company, were accused of conspiracy to commit wire and mail fraud. As of now, Mr. McConville’s location is still unknown and only one of the defendants has appeared in court. The scheme left hundreds of condominiums around the country in foreclosures many of these in Escondido and San Marcos in North County San Diego. Federal Prosecutors are refusing to release the address of the effected condominiums and possible developments they could reside in.

In this criminal scam buyers paid as much as ten thousand dollars to gain access to personal information of people who had good credit, so Mr. McConville could buy condos. The applications for loans that were needed to purchase the condo’s contained the false information of the buyers. Mr.McConville used the money he gained from the false loans to be split up between corporations. Interestingly, he also spent the money on fine pieces of art and purchasing rare comic books.

These six people face as much as 30 years of prison for each charge of conspiracy and fraud. The question is why! Is it in these difficult economic times people make poor choices concerning their financial welfare? Or is it greed that keep these people going above and beyond what they need to live? The fact finding process of the criminal judicial will bear these answers!

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Murder conviction without a body? Yes! Joaquin Murrieta Martinez,age 32, was found guilty in the murder and dismemberment of Janina Hardoy, age 24, in her Oceanside home. Mr. Martinez a known gang member testified that he did not kill Ms.Hardoy but he did contribute to the dismemberment of her hands and feet, after she was dead.

Gavil.jpgJanina Hardoy moved to Oceanside in late 2004 after living in Northern California. A few months later in early February 2005 she was murdered. Only her dismembered hands and feet were found. The location of her body is still unknown even after a four day search. Law enforcement has speculated that the body is somewhere in the Santee Landfill. Police investigators are still unsure about the cause of death as they have been unable to examine the body.

Deputy District Attorney Geoff Allard told the jury that Martinez had killed Janina Hardoy during February 2005 because she had threatened to tell the police that Mr. Martinez and fellow gang members had robbed a series of banks from Bonsall, San Marcos, Carlsbad and Encinitas. Martinez and others were arrested and sentenced to prison for these robberies. Mr. Allard also stated that her body was most likely dumped in a garbage bin behind an Escondido doughnut shop, and then later picked up by trash truck and dumped into the landfill.

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Threats, even if jokingly made, on social sites such as Twitter, Facebook or Myspace can land you in hot water and charged with a crime. This is not a local story but I feel that the outcome and severity of statements made like these are very real and severe. I anticipate that prosecution for internet threats will increase dramatically in the near future! So beware what you post!

Paul Chambers, at the age of 26, made a post on Twitter stating that if his flight was delayed by the snow then he would blow up an Airport. Mr. Chambers insisted that the post he made was only a joke and that he would never blow up an airport. However, the judge found him guilty because he conveyed an offensive, indecent and obscene message over a public telecommunications networking site.

This message is important not only for Twitter, but for Facebook, Myspace, and every other public communication website, in which the message can be read by millions. Luckily, Mr. Chambers was only fined $1,500 dollars instead of time in jail for making such threats against the airline. But please know that these websites have detailed policies, and the things that you post or say on these sites can and will be used against you, especially if they are conveying messages of offensive or indecent meaning. Likewise, if you are contacted by a site investigator concerning a post do not make any statement to them without an experienced attorney.

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Boxing.jpgOn Thursday, April 15th, a 49 year old boxing trainer was charged with the murder of a fellow coach, and attempted murder of a young boxer as well as injuring another. The defendant, Mark Anthony Diaz, plead not guilty to all the chargers including the killing of 52 year old Hector Gil, another coach at the boxing facility. Mr. Diaz faces 84 years to life in prison and his bail was set at TEN million dollars. The reasoning behind the high bail was due to evidence presented to Judge Hocket at the Vista Superior Court which included a death threat message from Mr. Diaz to Hector.

Evidence in the case suggest that Diaz was jealous and envious that Hector was taking his clients, especially those with potential, like Ricky Gutierrez a 21 year old boxer who fought his first professional match this year. This along with many other events present a strong case against Mark Diaz and his short temperament. One thing we have to look at before we make judgments is the evidence and its validity, did Mark Diaz really murder Hector Gil, and for what reasons.

You can read more about this article here:

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On Thursday, April 15th, a large crowd of supporters gathered in front of the Escondido City Hall building in support of the Driver License checkpoints that the Escondido police department has continuously conducted for the past six years.

More than a 150 people showed, lead by Patricia Bennett, in support of the traffic checkpoints. In contrast this support for the checkpoints and for Police Chief Jim Maher, who has been pressured to remove the traffic checkpoints or resign, the protest against the traffic checkpoints was three times smaller. What does this say about the cities feelings towards the checkpoints and the Police Chief as cars passing by drew honks and cheers? However, what’s poplar doesn’t always equate with justice!

These traffic checkpoints are a very controversial issue in Escondido and possible other neighboring cities who might start to adopt same or similar policy changes. Simply, are the traffic checkpoints conducted by the Escondido police department constitutional? I think not especially when every car is stopped and the driver interrogated by law enforcement about their drivers license. Supporter’s claim the checkpoint have lowered the hit and run cases by a third. But the one question remains, are these checkpoints specifically targeting low income area’s where Latinos are being targeted? If so, then theses checkpoints need to be reformed immediately or changed in the way they are conducted to meet all constitutional requirements.

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thebaynet_Sobriety_CheckPoint.jpgEscondido Councilwomen, Olga Diaz, has been opposed to the city’s traffic enforcement checkpoints and has asked state Attorney General Jerry Brown to confirm that these checkpoints are conducted in a constitutional manner by the police department.

The primary purpose of the Escondido traffic checkpoints are to check the validity of the drivers license of the drivers. The procedure goes as follows, first the police block off a road and check all passing vehicles, they check for two main things, other than driving without a license. First they see whether or not the picture matches the person who is driving the vehicle, secondly, they check to see if the license has expired. They do not check any other documents to prevent traffic backups. Are these traffic checkpoints constitutional? Remember our Constitutional Rights to be free from governmental intrusion!

Supporters of the traffic checkpoints argue that the state law prevents checking the drivers license while officers are on patrol, but states nothing about checkpoints dedicated to the checking of the drivers license. The US Supreme Court has never ruled that driver license checkpoints are unconstitutional. They have ruled as long as the checkpoints are conducted in a constitutional manner by law enforcement then they have a right to continue the checkpoints. Patricia Bennett, founder of the Citizens of Escondido Road Safety is a strong supporter of the police checkpoints. She sates, “We all have to abide by the law, “I want to get everyone who is unlicensed and uninsured off the road.” Its true that these checkpoints are bringing unlicensed and uninsured drivers off the streets but are they being done in a fair way? Absolutely not! The ends do not justify the means in constitutional analysis!

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Eric Anthony Pomatto, the man who lead police officers on a lengthy and reckless pursuit after evading police on Friday March, 19th, was arrested and charged with 27 serious felonies including felony evading and 11 counts of attempted of murder.

Mr. Pomatto’s car was first observed outside his ex-girlfriends father’s house and was reported to the police as a suspicious vehicle because the vehicle had been there for more than five hours. As officers approached Mr. Pornatto in the vehicle he drove off and lead them on a long and reckless pursuit accumulating in the multitude of felony charges.

Mr. Pomatto plead not guilty alongside his deputy public defender during a brief arraignment appearance at the Vista Courthouse. He faces up to 158 years and four months in prison if convicted of every charge. These charges range from attempted murder, which Deputy District Attorney Patrick Espinoza stated that, “Pomatto had an intent to kill officers”. Also including felony evading, shooting from a car at walking bystanders, shooting at an occupied vehicle, being a felon in possession of deadly firearms as well as assault on a peace officer. Mr. Pomatto is being held in custody without bail pending the trial court proceedings.

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