Criminal Defense

Home » Blog » Criminal Defense

Man suspected of escaping police custody, beating elderly woman with handcuffs – Good Samaritan runs suspect down, police say (Sam Spital)

Posted on November 27, 2012 by Caroline Anderson - Senior Support Specialist

COMMENTARY BY CRIMINAL DEFENSE and PERSONAL INJURY LAWYER SAM SPITAL:

“ABC Channel 10 News on November 27, 2012 posted online their account of a suspect who had been arrested in the evening hours during the past weekend for burglary of an automobile and escaped before being completely handcuffed and placed in the SDPD cruiser; and who the following morning came across a 71 year old woman he violently attacked and beat on her head with the handcuffs, one of which was still attached to his wrist. An onlooker standing nearby ran to the aid of the innocent and unsuspecting victim. The suspect ran off but was eventually caught by the Good Samaritan. No other facts were posted in regards to the original crime, and the article was devoid of any other information as to the underlying reason and/or motivation for the vicious attack. Hence, it is unclear if the suspect will be charged with attempted murder, aggravated battery, assault with intent to commit great bodily harm, elder abuse, etc.

This scenario also raises a serious question as to whether the police officer making the arrest took appropriate measures to prevent the escape of a suspect being taken into custody. Further, whether the police used adequate means in the following search of an offender, having reason to know he might be a serious danger to others. The SDPD is in the process of examining the facts and the procedures used in the within case. Clearly, a review of protocols is in order.

In addition, there is the exposure the police face in a civil lawsuit by the elderly woman whose life was placed in jeopardy as a result of possible police negligence. There are immunities that governmental entities have and, therefore, a personal injury lawyer who might be retained in such a case would have to examine all of the possibilities as well as to determine if any theory of liability exists under the facts that would provide an exception and allow for liability for the damages she sustained. The initial claim against the police would have to be filed within six months of the incident.”

–Sam Spital

Two men in custody after Del Mar beach drug bust (Sam Spital)

Posted on November 26, 2012 by Caroline Anderson - Senior Support Specialist

Commentary by Drug Defense Lawyer Sam Spital:

“On November 25, 2012, it was reported in the UT SAN DIEGO online edition that approximately 2000 pounds of marijuana was seized at about 3:45 a.m. in clear view in two trucks at a Del Mar beach parking lot. It is believed the suspects were waiting for others to buy &/or distribute the marijuana, and because it was foggy they did not think anyone would see them.

In what may be a related event, an abandoned boat washed up to the shore. If not part of drug trafficking, it may have been used to smuggle people across the border.

The writer did not elaborate upon any other facts in order to better evaluate a possible defense strategy.”

–Drug Defense Lawyer Sam Spital

Boy, 15, charged with murder in Vista stabbing (Sam Spital)

Posted on November 21, 2012 by Caroline Anderson - Senior Support Specialist

COMMENTARY BY SAN DIEGO CRIMINAL ATTORNEY SAM SPITAL:

“It is a sad commentary in today’s society that so many individuals’ lives will be adversely impacted by a 15 year old boy who otherwise could have used his youth as an opportunity to grow to be a productive adult and realize the happiness found in achieving goals and paying forward. Instead, the UT San Diego News posted an article on November 21, 2012 about this teenager who was charged as an adult for Assault with a Deadly Weapon and Murder with Gang allegations in connection with the stabbing death of a competing gang member in a local park in Vista. The boy faces 30 years to life for the killing.

The reporter did not include any family history, explanation, and/or mitigation regarding the offender; and of course, the reader is left with a question whether any possible exculpatory evidence might exist to explain, much less to demonstrate justification for the brutal attack. The defense counsel will likely perform a thorough investigation with family, friends and potential witnesses to better evaluate the facts of the incident as well as to determine whether the defendant has any remorse that can be presented at the penalty phase of the court case.”

–Sam Spital

https://www.utsandiego.com/news/2012/nov/20/boy-15-charged-with-murder-in-vista-stabbing/

Trial ordered for man accused of killing mother, mutilating body, over financial support (Sam Spital)

Posted on November 20, 2012 by Caroline Anderson - Senior Support Specialist

Commentary by Sam Spital, San Diego Criminal Defense Lawyer:

“On November 19, 2012, a 31 year old son used a baseball bat, hammer or other blunt object to inflict 75 wounds in the beating death of his 60 year old mother who resided in the North County community of Solana Beach as reported by the CBS Channel 8 online news. Now that the Preliminary Hearing in the San Diego Superior Court was concluded, the son will stand trial for the crime of murder for financial gain and murder with special circumstances (torture), which took place the day after his mother went to Los Angeles where he lived to buy a car for him but thereafter refused to continue providing financial support. It was also reported the defendant cut up parts of her body and placed them in a refrigerator.

The Defense Attorney argued her client was schizophrenic and insane, but the Judge refused to find a nexus between the defendant’s mental illness and the murder. Some will argue the mutilation and brutal killing by a son of his mother deserves no mercy, while others will point to the failure of our mental health system to provide safe guards to prevent this horrific murder.

The writer did not indicate whether previous warning signs or symptoms had ever led to a 72 hour hold in a psychiatric hospital or previous treatment for the defendant’s very serious mental disorder. However, Defense Counsel did identify an email the son wrote to his mother in which he said ’It’s no joke mom, I’m insane,’ and she then said to the Court “this is just crazy.’ It is clear that society has a far greater part to play in educating the public to take responsibility, intervene, and utilize the psychiatric treatment facilities in place &/or seek care through the County Mental Health Services. Perhaps not every criminal offense associated with mental illness can be prevented, but certainly there is help that is available and can be provided to those that suffer these disorders, and support to their families as well.”

Man jailed after wife’s dismembered body found (Sam Spital)

Posted on November 19, 2012 by Caroline Anderson - Senior Support Specialist

COMMENTARY BY CRIMINAL DEFENSE LAWYER SAM SPITAL AND ASSOCIATES:

“Fox News over the weekend reported a 69 year old husband was charged with Murder when the Oceanside police found the dismembered body of his wife in her home. Neighbors recounted bizarre behavior, such as seeing the wife nude and exposing herself with her pants down to her ankles as she wandered around the community. In addition, the husband was seen carrying a purse, wearing women’s clothing, jewelry, hot pink lipstick and makeup.

Clearly, the lifestyle and behavior described in the news account seems inexplicable. Just when one thinks he has heard the weirdest story, there is another that is even more uncanny. Unfortunately, little else was reported in order to better understand the situation, weigh and consider possible explanations, mitigation and/or frame a defense argument. However, some of the symptoms of the couple might be associated with dementia, a decline in mental functioning seen most often in some elderly individuals.”

–SAM SPITAL

19-year sentence for fatal rock beating (Sam Spital)

Posted on November 15, 2012 by Caroline Anderson - Senior Support Specialist

COMMENTARY BY SAM SPITAL, CRIMINAL DEFENSE ATTORNEY:

“On November 15, 2012, the UT San Diego news reported the defendant with a long history of drug related offenses in a revenge and repeated beating with a rock to the head of a 31 year old homeless man was sentenced to 19 Years to Life in State Prison for Second Degree Murder, and Threatening a Witness and Assault with a Deadly Weapon on another person. The defendant was represented by a Deputy Public Defender who alleged: ‘his life appears to have been eroded by drug use.’ When asked by the Judge what facts were in dispute, the article noted the defendant’s appointed counsel did not provide any specifics. This is a tragic example of the scourge of addiction and how even during and after incarceration, adequate treatment is misdirected or absent”

–SAM SPITAL, CRIMINAL DEFENSE ATTORNEY

Settlement with victim of disgraced officer approved by City Council (Sam Spital)

Posted on November 14, 2012 by Caroline Anderson - Senior Support Specialist

COMMENTARY BY ATTORNEY SAM SPITAL:

“A former SDPD Officer previously convicted of felony and misdemeanor counts of sexual battery, bribery and assault and battery by a police officer and sentenced for nine years in State Prison was reported on November 14, 2012 in the CBS online news to have been the perpetrator to several women victims, one of whom received a nearly ¾ million dollar settlement approved by the San Diego City Council. Among other chilling facts, this particular victim told about the officer stating he would let her go without a citation for a vehicular violation ‘if she showed her breasts and let him put his hand down her pants,’ at which point the former officer reached into her pants and touched her private parts. This traffic stop at 2:00 a.m. no doubt resulted in severe emotional distress to the victim and she will likely be scarred for a very long time. On the other hand, the former officer’s career in law enforcement is over and he no doubt regrets these improprieties; it is hoped he will consider his actions and strive to have remorse and rehabilitation for his crimes.”

–ATTORNEY SAM SPITAL

Palm Springs police say Pendleton Marine assaulted cop before killing (Sam Spital)

Posted on November 13, 2012 by Caroline Anderson - Senior Support Specialist

COMMENTARY BY CRIMINAL DEFENSE LAWYER SAM SPITAL AND ASSOCIATES:

Palm Spring police were reported to have shot and killed a Marine from Camp Pendleton, age 22, who accelerated his car at a police officer in a parking garage, refusing to turn the vehicle off as another officer attempted to climb inside the passenger window, according to the CBS Channel 8 online news of November 13, 2012. Even though one of the officers ‘repeatedly ordered the suspect to stop the vehicle,’ at the same time a fellow Marine in the passenger seat did nothing to stop the inevitable tragedy in which the driver drove toward one of the officers, who feared for his life. The car crashed and the officer that was struck was injured and treated at a local hospital in Palm Springs.

The incident occurred about 2:00am and one of the Marines was ‘visibly drunk.’ Clearly, our soldiers sustain serious challenges in serving our country, and the stress they feel on a daily basis can be overwhelming. Unfortunately, drinking alcohol is used to cover up the damaging memories that are carved into their brain from daily (negative) military experiences. While the excruciating pain seems more tolerable when drinking, the unintended consequences and behavior that stems from the consumption could be prevented &/or controlled. Clearly, we need more and better preventive care and treatment. Of course, public intoxication and driving under the influence are far too frequently the source of criminality. Since the officers are on administrative leave, no further information was supplied in the article in order to evaluate the facts and circumstances any further.

Dad uses bus bench ads to find son’s killer (Sam Spital)

Posted on November 12, 2012 by Caroline Anderson - Senior Support Specialist

COMMENTARY BY SAM SPITAL, CRIMINAL LAWYER:

“On November 12, 2012, the UT San Diego described a father who moved his family to a different county in an effort to help his teenage son who had drifted into gang associations. It meant the father’s daily commute to work as a security officer would be as much as two hours each way for his son to have a chance outside of the gang he was a member. Just when it looked like the young boy had turned the corner, however, he was stabbed to death in a gang fight between two rival gangs only a day after he gave an anti-gang presentation at a local college. This is a tragic loss for a family that tried to use every measure available to protect their son. And, the police have not been able to solve the homicide since they have received no cooperation from potential witnesses. Hopefully, the father’s efforts to use advertisements on bus benches will eventually assist in identifying the offender(s) and help the family obtain closure.”

SAM SPITAL, CRIMINAL LAWYER

Nurses Videotaped in Sex Acts Worked for Unlicensed Company (Sam Spital)

Posted on November 9, 2012 by Caroline Anderson - Senior Support Specialist

Commentary by SAN DIEGO CRIMINAL LAW AND PROFESSIONAL LICENSE DEFENSE ATTORNEY:

“This story was updated and published on November 8, 2012 by San Diego Channel 6 News regarding two registered nurses who were caught by home surveillance equipment and videotaped masturbating and performing oral sex on each other near, as well as kissing and fondling, a female stroke victim who was 98 years old. The nurses were referred by AMS Home Care Solutions, which reportedly is not currently and never was licensed by the California Department of Public Health to provide skilled nursing care (apparently AMS applied in May, 2011 for, but was not granted, a license). On October 24, 2012, an Administrative Law Judge (ALJ) issued an Interim Suspension Order (ISO) against the nurses. For further information regarding both cases before the Board of Registered Nursing, see: https://rn.ca.gov/public/rn575494.pdf andhttps://rn.ca.gov/public/rn673160.pdf.

Pursuant to Code of Civil Procedure, Section 1094.5, either or both of the nurses can obtain judicial review of their respective ISO by filing a Petition for a Writ of Mandamus in San Diego Superior Court in which the judge will decide if there was an abuse of discretion by the ALJ in imposing the interim Order. The Board of Registered Nursing has up to 15 days to file an Accusation in connection with the above case in which the nurses face an outright revocation of each of their RN licenses. If a Notice of Defense is timely filed the nurses or either one are entitled to a hearing or trial within 30 days. There were no responses by defense counsel and, therefore, it is uncertain what strategy or arguments will be made on behalf of their respective clients.”

Category Archives: Criminal Defense