A series of shootings across Orange County has left four people, including the gunman, dead. According to this report, the first shooting occurred at Ladera Ranch. It is believed that the shooter killed one person here prior to fleeing in an SUV. The suspect then continued to attempt to carjack at least two vehicles, which resulted in two more deaths. He shot and killed himself shortly after police found him in a stolen vehicle.
A California man is suing a San Diego dating service for unfair business practices. The man is one of three unhappy clients who claim to not have received what they paid for. According to the man featured in the story, he was sold on the expertise of the supposed patented matchmaking service. He paid $2,000 for the service and was promised to receive 10 matches. Moreover, the man stated few of his matches were what he requested.
A San Diego doctor continues to treat patients despite the fact that he may lose his medical license for abusing alcohol and powerful narcotics, including Oxycodone. The emergency room doctor admitted to stealing another doctor’s prescription pad in order to write himself 5 prescriptions for Oxycodone and Endocet. However, the doctor’s lawyer stated he believes his client is not a threat to patients because he is no longer impaired and has completed a drug rehabilitation program. Furthermore, the article reported the doctor put his medical license at risk with a DUI conviction in 2011. According to the president of the local Medical Society, research has shown doctors have a higher rate of drug and alcohol abuse than the general public.
“San Diego Channel 10 online ABC News affiliate on February 14, 2013 reported that 66 year old Maureen O’Connor, former San Diego Mayor for two terms from 1986 to 1992, is currently charged with money laundering as a result of a cash transaction of $10,000 or more.
Of note is the fact O’Connor was the first female mayor for San Diego. Her previous professional career spanned over a decade in various positions teaching physical education, as well as a member of the San Diego City Council and Unified Port District Commission. She is also widely known to have married the founder of Jack-In-The-Box fast-food chain, Robert O. Peterson, who also founded Southern California First National Bank, which eventually was purchased by Union Bank. In 1994, her husband died.
The article also revealed the ex-Mayor sold a luxury Heritage House resort for $19.5 million, she later sued the bank that provided financing for the buyers, and in 2010 sold her La Jolla home for $2.5 million, which is now owned by Mitt Romney, 2012 former Republican nominee for president. According to the U-T San Diego, it was a short sale and the county reassessed the property at a $4.5 million soon after the purchase.
The article did not report an interview with the attorney for the former Mayor so it is not immediately clear what defense has been argued nor mitigating facts and evidence, if any. Although O’Connor could be sentenced for up to 10 years in prison and often prosecutors seek to set an example in these cases to deter others from money laundering, a maximum penalty is unlikely as the article referenced a possible and existing plea deal or settlement in Federal Court.”
–Sam Spital
Commentary by Sam Spital, Criminal Defense, Personal Injury, Professional & Occupational Licensing Attorney:
“On February 13, 2013, the Modesto Bee newspaper and electronic edition published an article in which Silvia Cata, the 52 year old owner of a long-term nursing care facility, Super Home Care, in Sacramento, was arrested for multiple criminal charges, including involuntary manslaughter and felony elder abuse against Georgia Holzmeister, an 88 year old patient who was suffering from Dementia that died as a result of reckless disregard of the basic duties in caring for patients. It was revealed that the victim suffered from blackened, Stage IV pressure sores on her buttocks causing sepsis, which is a life-threatening condition that occurs when any part of one’s body develops a toxic and severe response to bacteria or other germs. These are more commonly called pressure sores that form when patients are allowed to lie in one position for extended periods of time or simply not given the proper attention that requires their body to be frequently rotated while confined to bed.
It is an elementary principal of nursing care that patients should not be permitted to lie in bed for any extended length of time without being taken out of bed, taken to the bathroom, use walkers or wheelchairs if not ambulatory, and of course receive regular care and attention. Unfortunately, some long term care facilities operate on a very low budget due to the nominal reimbursement from Medicare and Medi-Cal; yet, this is inexcusable and the Administrators and nursing personnel have an ethical, moral and legal responsibility to place the patient above the financial remuneration they may receive. If it is not possible to make a profit and do the right thing for their patients, the facility should close its operations. In this case, the California Department of Social Services (DSS) ordered an involuntary closure pursuant to an interim suspension order according to the article.
A Deputy Attorney General will be prosecuting the case for the California Bureau of Medi-Cal Fraud, and the defendant faces up to 12 years in state prison. The author of the article did not provide any details or information regarding the number and licensure of employees of the facility, the census of the facility in question, prior employment or business history of the defendant nor indicate whether contact was made with defense lawyers that handle such cases. It appears this is the first manslaughter criminal case in California that has been filed against an owner of a nursing facility. The case has been reported in countless print and electronic media due to the gravity of the situation.
The following link: https://www.cdph.ca.gov/certlic/occupations/Documents/NursingHomeAdministratorAct.pdf provides a detailed outline and summary of the Nursing Home Administrator Act and the rules and regulations that govern Administrators. No Nursing Home Administrator license or Certified Nurse Assistant license could be found by my law firm in searching the online data for Sylvia Cata, the defendant in this criminal case. A search of the BRN and BVNPT websites also failed to show an LVN or RN license issued to Ms. Cata.
Family members will likely file a wrongful death lawsuit against the long term care facility as well as the owner, and any of the employees and personnel who were negligent and caused the deadly injuries in the case at hand. This may also include the attending physician, nurses, and anyone that may have billed Medi-Cal and Medicare (such as a physical therapist, podiatrist, occupational therapist, etc. if any of these health care providers were in attendance on one or more days in the period of time leading up to the death of Ms. Holzmeister).
Defense counsel will need to perform a thorough and exhaustive investigation including conferring with the employees of the facility; patients and family members; pharmacists and doctors; utilize forensic experts to develop a defense; and in launching an offense seek to establish compelling mitigating facts and circumstances.”
–Sam Spital
Commentary by Attorney Sam Spital, Criminal Defense Lawyer:
“NBC Channel 7 digital news reported on February 12, 2013 that Ted Walker, a 41 year old teacher at Farb Middle School as well as a ten year employee of the San Diego Unified School District, faces felony charges of possession of a firearm and a knife with a locking blade on school grounds. Parents were surprised when they learned of the arrest after being notified by email, telephone and/or via the internet. An investigation is currently being conducted to determine how long Walker had been carrying a concealed weapon and whether he has a permit to do so. Other details were not revealed by law enforcement, including the motivation of the teacher and whether any others at the school carry any weapons for protection.
In recent months, there has been a redoubled awareness of the continued and escalating violence at schools; as a result the issue of administrators and teachers being able to obtain a concealed gun permit besides school police carrying a weapon has been reported throughout the country. On the one hand this will require adequate training of such individuals as well as establishing guidelines for storing of guns and/or weapons, while on the other hand legislators and pundits have opined gun-free zones make schools in general and the public in particular easy targets for those that are prone to crime and violence.”
–Sam Spital
Commentary by Personal Injury Lawyer Sam Spital:
“On February 11, 2013, the electronic edition of the UT San Diego reported seven individuals were injured when a San Francisco Cable Car came to an abrupt stop after hitting a loose bolt on the tracks; the bolts are intended to trigger an alarm and alert operators of an obstruction. Other sources reviewed by my law office noted the cable car system in general is checked nightly (apparently they are not very comprehensive in performing these tasks), however, this incident has raised the level of awareness and a San Francisco Municipal Transportation Agency spokesman stated they will make weekly checks to test the tightness of the bolts.
It is far too common for traffic lights &/or stop signs to be added at intersections and remedial efforts initiated by governmental agencies after an accident or injury. It strains credulity why more proactive measures are not taken to protect the safety and life of unsuspecting victims who rely upon and ride public transportation. Attorneys for the victims will likely obtain and use the maintenance records as a basis to establish negligence by the Municipality that operates the cable cars. A timely government claim must first be filed before initiating a lawsuit. It is not necessarily the issue of compensating victims, but to send a message to those in charge as well as city officials and the Mayor to prevent this and other situations from happening. The public deserves more when considering the potential risk of catastrophic injuries and of course the reason taxes are paid to support such activities.”
– Sam Spital
Commentary by San Diego Criminal Defense Layer Sam Spital:
“UT San Diego online edition on February 11, 2013 reported a former candidate for student body President, Matthew Weaver was arrested by the FBI for suspicion of wire fraud, a related charge and unauthorized use of a computer. The article revealed that user identities and passwords of approximately 700 students were stolen by the computer hacker to alter results of the student election to allegedly benefit himself and fraternity brothers, which is the method votes are cast by students. Although not reported in the article, these positions are paid by the school and had the particular candidates in question been elected they would have been able to make a combined $36,000 from stipends.
Last year, Cal State San Marcus University Police arrested the suspect when they discovered him at a school computer in possession of a device known to be used to steal computer passwords, however, he was not charged at the time with any criminal offense. Weaver now faces up to 35 years in prison if convicted of the charges filed in the pending federal complaint. The sad reality is the defendant clearly did not consider the unintended consequences of his apparent desire for power. Now, his future career aspirations and professional goals will be marked by the charges if proven and/or he decides to enter into a plea deal if offered. Here is where the defendant needs truly competent defense counsel to marginalize the allegations; it is also very important to remember the suspect is innocent until proven guilty by evidence beyond reasonable doubt.”
— Sam Spital
COMMENTARY BY ATTORNEY SAM SPITAL, SAN DIEGO CRIMINAL DEFENSE:
“The New York Times reported on February 8, 2013 that a former member of the armed forces and Navy reservist went on a rampage against police officers and their families, killing at least three individuals. The 33 year old suspect, who was identified as Christopher J. Dorner, was in 2008 fired from the Los Angeles Police Department. This murderous vendetta set off a search throughout many cities in Southern California, including Los Angeles, Orange County, Riverside, Torrance and San Diego. In the evening hours yesterday, however, the burned truck owned by the suspect was discovered in flames near Big Bear, a popular summer and ski resort about 100 miles from San Diego.
The story has been covered in nearly all of the daily print and electronic news. In addition, the article noted the former cop posted on Facebook what was described as a rambling 6000 word manifesto threatening more violence due to racism and corruption in the LAPD as he pledged to kill two dozen named police officers to retaliate for his dismissal allegedly as a result of filing a false report accusing a colleague of abuse. He further claimed he sought to clear his name before resorting to violence but was not successful as he struggled with severe depression from the sequence of events.
The sad reality is that these senseless murders could have been avoided. Dorner would likely have benefited from psychiatric care and treatment for his acknowledged depression and been able to control his anger and rage and/or utilize meaningful steps and tools in order to lead a productive life, given his background , knowledge and skills.”
https://www.utsandiego.com/news/2013/feb/07/tp-pregnant-teacher-to-be-let-out-of-jail/
“According to the UT San Diego news on February 7, 2013, a teacher at the New Haven Youth & Family Services in Vista, a residential and educational facility in the northern part of San Diego County that treats boys from about 8 to 17 who suffer from emotional and behavioral challenges, was charged with having sex with a 16 year old former student at the facility. The Court ordered 35 year old Kelly McKenzy Watson, to be incarcerated in County Jail for one year with probation for 3 years. Although the Judge did not require her to register as a sex offender (RSO), he did include in his Order that she not work with minors in the future.
The article revealed the teenager had not considered himself a victim, he cares for and did not want the soon to be mother of his child to go to jail, and he wants to be involved in the life of their child. The Judge noted that Watson would be released from jail early in consideration for the health of the unborn child, and if she successfully completes probation Watson will not serve the remainder of her jail sentence.
It is clear such a sexual relationship is inappropriate, inexcusable and illegal. This conduct cannot be condoned in society, particularly since teachers hold a position of trust. In reviewing many of these cases, however, there does not appear to have been deviant sexual behavior, and the individuals have often evinced a strong bond of love and affection. On September 5, 2012, the Commission on Teaching Credentials suspended Watson for this misconduct pursuant to Education Code section 44940.. There are many unintended consequences in this tragic story, and in particular the loss of a Special Education teacher who are otherwise much needed in the school system. Click this link for the licensing status of the former educator who received her initial teaching credential in 2004:
