Author Archives: Caroline Anderson - Senior Support Specialist

ARRESTED BOY, 14, ADMITS TO VANDALISM, FIRES (Sam Spital)

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COMMENTARY BY ATTORNEY SAM SPITAL, SAN DIEGO CRIMINAL DEFENSE LAWYER:

“On February 6, 2013, the UT San Diego electronic edition reported that a teenager was arrested for arson and vandalism of a Day-Care Center, causing about $70,000 in damages. The suspect was shortly thereafter booked into Juvenile Hall.

The reporter did not reveal whether she contacted the parents, the school and/or any friends of the boy to ascertain whether he was having any challenges in school, with his peers and/or home environment. It would not be unusual for there to have been previous signs and/or indications that therapeutic intervention was necessary and appropriate. What motivated this 14-year old to do these types of crimes is however unclear, but the boy admitted to the charges.

Many therapists and forensic experts have opined that often individuals with rage and aggression also have a lack of impulse control, and these crimes are their way of crying out for help so their life can be different. Unlike others in society, they have no healthy way to express their overwhelming anger. Sadly, these types of crimes often progress beyond significant property damage cases but can lead to serious injury and even death.

If the family cannot afford private counsel, the Judge will appoint a Deputy Public Defender to represent the boy. The goal is rehabilitation and not just punishment and to deter others from committing crime. The strategy of defense counsel will initially be to perform a thorough investigation as well as to obtain a forensic evaluation.”

–Sam Spital

Husband arrested in 2004 Westminster killing (Sam Spital)

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COMMENTARY BY SAMUEL SPITAL, CRIMINAL HOMICIDE AND DEFENSE LAWYER

“On February 4, 2013, the Orange County Registrar published a digital article in which a husband was arrested in connection with a cold case investigation for the death of his wife about nine years ago. According to the story, this was a brutal murder in which the wife had her throat slashed and her head was nearly decapitated. All of this happened in the early morning hours when the 17 year old son was tied up and placed in a his bedroom closet by another suspect. It was further revealed that the husband had previously pled guilty to spousal battery and attempting to dissuade a witness (the victim in the current criminal case), then being sentenced to one year in County Jail and formal probation for five years.

Either the author did not interview the investigating officers more thoroughly or the Police and District Attorney declined to provide any further details as to the underlying evidence that led them to arrest the defendant for the vicious killing after so many years had intervened. Defense counsel will undoubtedly perform a painstaking investigation given the substantial intervening period of time from the incident and the current filing of the criminal charges, as well as raise various pre-trial motions and to establish the defense strategy.

It is interesting to note the husband was not arrested after so many years even though the the spouse is generally considered the first and often the primary person of interest in a murder; when this nexus is coupled with the previous conviction for domestic violence along with the type of and manner of killing, there would seem to have been other circumstantial evidence as well to link the husband to the crime even if no eye witness, including but not limited to DNA. However, the spouse may have had an alibi, he may not have used the knife in question and/or his participation in the crime as a co-conspirator could not have previously been established beyond any reasonable doubt. If the defendant does not have the means to retain private counsel, a Deputy Public Defender will be appointed.”

–Sam Spital

• Tattoo Shop Manager Fights for His Life in Robbery Attempt (Sam Spital)

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Commentary by San Diego Robbery Defense and Criminal Attorney Samuel Spital:

“On February 4, 2013, NBC Channel 39 reported the manager of Classic Tattoo in El Cajon, a city to the east of San Diego used martial arts to save his life from two robbery suspects who pistol-whipped him at about 2:00 a.m. The manager sustained serious injuries to his head when he was hit several times with a gun. The robbery suspects tried to take money from his pocket and his motorcycle, but the manager said ‘I put him in a guillotine, disarmed him and tried to get him out of the shop [at which point both robbers ran away].’

There were no other details relating to the case, including the type of weapon(s) used by the robbers, nor whether the business had video cameras &/or whether a description of the suspects was provided by the manager. As our economy continues to fall and there continues to be greater unemployment, even businesses that historically have not been targets of crime because they do not maintain large amounts of money or valuables now have to be vigilant. It is clearly worthwhile today for all types of businesses to install Video Surveillance Systems as one of the more common tools to safeguard their operations and property, let alone their own personal safety. Excluding the owner(s) of a business, there is workers’ compensation insurance available for temporary and permanent injuries sustained by employees and which is required by law. Many homeowners are also giving greater consideration to the installation of home security systems, which have become less expensive due to the wide variety being mass produced and sold by big box stores.”

EIGHT KILLED IN TOUR BUS CRASH VEHICLE CARRYING GROUP FROM TIJUANA OVERTURNS ON WAY BACK FROM BIG BEAR LAKE (Sam Spital)

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Commentary by Sam Spital, San Diego Personal Injury Lawyer:

“The UT San Diego electronic edition on February 4, 2013 reported at least eight individuals were killed and nearly 40 others sustained minor to life threatening injuries as a result of a crash by a tour bus and two other vehicles as the bus was returning on a two lane highway from Big Bear Lake in the mountains of San Bernardino County in Southern California, about 80 miles east of Los Angeles. The bus driver claimed he was having brake problems as it came down the mountain, struck the rear end of an automobile and then flipped over and crashed into a truck that was pulling a trailer.

The reporter did not provide any further details as to the victims, drivers, and/or information in particular relating to the service history of the bus. It is likely there will be wrongful death and personal injury lawsuits filed by family members as well as those injured as a result of this horrific accident. An investigation may establish a legal basis to file claims against the governmental agency responsible for the roadway on the grounds it was unsafe, there were possibly inadequate warning signs posted and/or sufficient and proper brake check areas off the road for truckers to safely check the operation of their air brake systems and/or halt a truck or vehicle that might lose control or have brake problems.”

–Sam Spital

3 teens injured after fireworks explosion in Encinitas-All 3 treated for face, arm, leg injuries (Sam Spital)

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COMMENTARY BY SAM SPITAL, SAN DIEGO PERSONAL INJURY ATTORNEY:

“The ABC Channel 10 online edition on January 31, 2013 reported three boys, two who were age 15 and a third who was 17 years old, were all hospitalized due to injuries they each sustained when they were playing with fireworks that exploded. The three teenagers had to be treated for facial, arm and leg injuries after they were flown to neighboring hospitals from Encinitas, a tony North County city.

While fireworks are illegal in many cities and states, it is unclear whether there was any parent at home at the time. Each year around July 4tth, there are similar stories of children, teens and adults who have been seriously injured when lighting various types of fireworks, and that is certainly the primary reason they have been outlawed. However, being close to Tijuana and other parts of Mexico makes it much easier for fireworks to be taken (illegally) across the border and brought into San Diego. One business that was started over 30 years ago is Phantom Fireworks. They have over 1,200 locations throughout the United States and is also known to supply fireworks on the 4th of July to numerous retail chains https://www.fireworks.com/locations/

It is estimated that about 2,000 individuals sustain eye injuries in the United States due to fireworks each year. According to the most recent data from the U.S. Consumer Product Safety Commission in 2011, there were approximately 10,000 individuals who were treated in hospitals due to injuries from using &/or lighting fireworks. Nonetheless, in some cities in the United States it continues to be legal to purchase and use fireworks as long as a permit is obtained by the municipality. Regardless, personal injury attorneys have filed various lawsuits from time to time against the manufacturer of fireworks as well as the sellers; yet, this does not seem to have a huge impact on the manufacturing, distribution and sale that continues year after year. Many cities help sponsor shows, however, in an effort to curb the improper or unlawful use or display fireworks.”

–Sam Spital

 

Suspect accused of killing California doctor was a patient with an appointment (Sam Spital)

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COMMENTARY BY SAM SPITAL, Criminal Defense Lawyer, San Diego:

“The Fox.com news reported on January 30, 2013 that a 52 year old Newport Beach Urologist, Dr. Ronald Gilbert, was shot and killed by a 75 year old patient who had a scheduled appointment and brought a handgun with him into the exam room and fired multiple times. The article noted that the murder suspect had not previously seen Dr. Gilbert, but he had suffered from incontinence after a recent surgery although it was not revealed who performed it.

Two neighbors were interviewed and one said the accused claimed: ‘I had surgery and now I am worse than before the surgery.’ Another neighbor said he declared: ‘he wasn’t going to be around much longer.’ These facts and more may be the basis of the prosecution arguing this was a premeditated murder. The defendant can face life in prison or the death penalty.

In 1972, the California Supreme Court outlawed the death penalty. However, the California Constitution was modified through the voter-initiative process passing Proposition 17, thereby reinstating the death penalty. The statute was subsequently modified making the death penalty mandatory for specified crimes including murder one with special circumstances. Only a voter approved ballot measure can alter this statute, and in 2012 when the California voters had the opportunity to do so with Proposition 34, they rejected doing so by 53%.

At the time of the arraignment, the Defendant told the Superior Court he did not have the financial means to hire a private attorney, and the Judge set the matter over so that a Deputy Public Defender would be appointed on his behalf.”

–Sam Spital

SUSPECT IN SLAYING ARRESTED AFTER HUNT (Sam Spital)

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Commentary by Criminal Law Attorney SAM SPITAL:“On January 30, 2013, the UT San Diego electronic edition published an article about a Riverside County 22 year old murder suspect who was arrested the previous day by the San Diego Police. He was identified as Matthew Rowley and reportedly in San Diego. After several hours, the alleged shooter was located with the use of a police helicopter and specially trained dogs who aided in the search; he was then taken into custody for the shooting death of 20 year old Corona resident, Daniel Stordahl.

The staff writer did not include any further information regarding the homicide victim, his family and any possible connection with the murder suspect. In addition, there was nothing further reported regarding the shooter to help determine any possible motive for the killing or surrounding facts and circumstances. It is unfortunate that very little is provided for the reader to have a balanced report rather than a story that simply identifies an event as if nothing more is important.

The role of the defense lawyer at the outset will undoubtedly be to investigate all of the facts in order to develop a plan of action and strategy to represent a client who is charged with murder. One or more private investigators will be employed as well as forensic experts. A Deputy Public Defender at County expense is assigned to a case when an individual does not have or cannot afford a private attorney.”

–Sam Spital

Navy officer murdered in Mission Valley apartment; brother in jail (Sam Spital)

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Commentary by San Diego Homicide Defense and Criminal Law Attorney SAM SPITAL:

“On January 29, 2013, the digital edition of CBS Channel 8 news reported the 21 year old brother of the victim who was killed over the past weekend was arrested for first degree murder. Jonathan (Jake) Tenorio was 25 years old and found stabbed to death; he was from Guam and an Officer in the Navy.

Other news sources reported Jonathan was an Ensign who was serving on the San Diego based missile carrier Bunker Hill, was recently married and a U.S. Naval Academy graduate in Annapolis.  The brother who is now a suspect in the killing had just arrived in San Diego from Guam for the World Professional Jiu Jitsu Championship Trials.

While condolences go out to the family members, there was very little information presented by the author of the news piece about the victim. The story causes one to have mixed feelings in that it strains credulity to believe there could be any justifiable motive and/or possible explanation for a family killing, particularly that involving young, adult siblings. This shocking news, however, tends to point out the escalating life challenges, anxiety and stress that often underlie the increased number of crimes in what otherwise can be considered quiet neighborhoods that in the past have had few homicides if any.

The criminal defense lawyer will likely retain an experienced forensic team as well as private investigators to gather the facts to be in a position to better strategize the steps it will take in the criminal case.”

–Sam Spital

 

Church Arson Suspect Known to Priest – Suspect Darin Williams, 38, was arrested in connection to the blaze (Sam Spital)

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Commentary by Sam Spital Criminal Defense Attorney:

“A 4:00 a.m. Sunday fire that seriously damaged a Greek Orthodox Church in an amount estimated to be a ¼ million dollars in El Cajon, an adjacent city to San Diego, was reported in the digital NBC Channel 39 news on January 28, 2013 . The story revealed the suspect in the arson, 38 year old Darin Williams, has a history of being institutionalized, in out of mental hospitals. He was arrested for arson, burglary and a hate crime. Fortunately, the fire occurred at a time when no one was inside the Church that was founded about 20 years ago.

The reporter did not personally offer nor seek an opinion from a forensic expert on the motive of the suspect with whom other church members were aware. It was also known that the Reverend allowed him to live on the grounds, had received his checks and was paying his bills. It is evident Williams needed more than spiritual guidance for his mental illness. This story is a further example of a far too common situation in which an individual fails to be accountable for his apparently overpowering challenges; even more importantly, it evinces how others with whom he came in contact failed to insist upon him obtaining ongoing therapy and psychiatric care to safeguard against this and similar devastating scourges repeatedly taking place in society today.”

–Sam Spital

FAMILY OF SEAU SUES NFL OVER HIS BRAIN INJURIES – Wrongful-death suit says star suffered trauma while playing (Sam Spital)

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Commentary by Sam Spital, San Diego Personal Injury Attorney:

“In the UT San Diego digital edition on January 24, 2013 it was reported the family of Junior Seau, a former Chargers Football player filed a wrongful death lawsuit against the National Football League and Ridddell, Inc. the manufacturer of official helmets for the NFL since 1989. The Superior Court lawsuit alleges the NFL knew for decades of the harmful effects of heat injuries on a player’s brain, and further the league ‘actively concealed these facts from the players and the public.’ In the lawsuit, the family also claimed negligence in the ‘design, testing, assembly, manufacture, marketing and engineering’ of the official NFL helmets.

On May 2, 2012, Junior Seau, a 43 year old Chargers linebacker, died of a self-inflicted gunshot. The article revealed Seau’s family and friends reported in the 29 months before his death, Seau suffered from multiple medical and psychological problems, naming alcoholism, gambling, sex addiction, depression, anxiety, insomnia and business failures that put him close to filing bankruptcy. After the family donated his brain to the National Institutes of Health (NIH), chronic traumatic encephalopathy and also known as boxer’s dementia (CTE) was discovered. This is a progressive and degenerative disease that most often is diagnosed after an autopsy in individuals with a history of multiple concussions.

The reporter interviewed attorneys for the NFL, but they issued a statement as is most often appropriate by saying they would respond ‘through the court’ system and not though the news media. It is likely they will argue, however, that Seau was never diagnosed with a concussion during his career as a football player and the plaintiffs cannot establish causation (a causal link between playing football and the alleged injuries sustained). While devastating injuries and deaths have soared, there may also be questions raised by the defense as to whether the players assumed the risk and/or signed a release of liability prior to engaging in this as in most other sports.

On the other hand, the plaintiffs may respond by arguing warnings were inadequate at best, and any waiver of claims were no more than adhesion contracts (take it or leave it since the players did not have the power to negotiate the terms).  At this time, there currently are about 4000 claimants in a class-action lawsuit filed against both the NFL and Riddell. In addition, during the last approximate seven (7) years, CTE has been found present in nearly every case in which an autopsy has been performed on former football players. These are heart wrenching cases, and we can only speculate as to whether it is possible to make football a safer sport.”

–Sam Spital

Ratings and Reviews

BBB 10.0Samuel Eugene Spital
Samuel E. SpitalClients’ ChoiceAward 2021 Samuel Eugene SpitalClients’ ChoiceAward 2020
avvo rated 10/10 in Criminal Defense avvo rated 10/10 in Juvenile Law avvo rated 10/10 in Licensing
avvo rated 10/10 in Personal Injury Top ContributorAward 2012Samuel Eugene Spital Samuel Eugene SpitalReviewsout of 207 reviews