Jury selection under way in Paradise Hills Craigslist slaying

Commentary by Sam Spital, San Diego Criminal Attorney:

“On October 23, 2012, the ABC news online edition reported the trial of three teenage gang members began by with the initiation of jury selection. They are charged with murder, robbery, auto theft and shooting into an occupied vehicle; there also is a special allegation that the crimes were committed for the benefit of a street gang. The victim was a college student who in 2010 graduated from La Jolla High School, who responded to a $600 computer for sale on Craigslist. After being lured to a South Bay residence, one of the defendants is reported to have pulled out a gun and demanded the victim’s money. When the defendants drove away, the victim followed. Soon thereafter, one of the defendants fired into the victim’s automobile, shot the victim who was taken to but died at a local hospital.

The defendants face between 50 and 60 years in prison for the crimes in question. Unfortunately, the reporter did not relate a discussion with any of the defense counsel to provide an account of a possible defense or mitigation. Perhaps in the days that follow, a more fair and balanced article will be forthcoming.”SAM SPITAL, FORMER DEPUTY ATORNEY GENERAL

Woman runs over, kills boyfriend after fight escalates, Commentary by Sam Spital, San Diego Criminal Defense Attorney

“The KFMB-TV and CBS.com news posted on October 14, 2012 that a 23 year old man was fatally injured when he was run over by his girlfriend’s vehicle after he smashed the car’s windshield and banged on her car at which point she sought to extricate herself from the dangerous situation and backed the vehicle away. This followed an alleged altercation between the two individuals in a parking lot in Chula Vista, a neighboring city in the south bay region of San Diego County, where the woman had previously gathered with friends. Is this another senseless tragedy that might have been avoided? Unfortunately, very little was reported and there is an investigation pending.”

Sam Spital, San Diego Criminal Defense Attorney

 

Court: Convicted Crowe killer due new trial (Sam Spital)

“In the UT San Diego News, October 2, 2012, the author reported the U.S. Supreme Court denied the Petition for a Writ of Certiorari filed by the California Attorney General’s Office, who sought review of the United States Court of Appeals for the Ninth Circuit decision that reversed the 2004 voluntary manslaughter conviction of Richard Tuite for the killing of Stephanie Crowe in 1998. This is the case in which the police first investigated Stephanie’s brother, Michael Crowe, and his two friends, but just before trial dropped the charges against them when they found the 12 year old girl’s DNA on Tuite’s clothing. If the AG’s Office does not seek another trial of Tuite, he will be released from State Prison. On the other hand, if the Supervising Deputy Attorney General handling the case seeks a new trial, he cannot file murder charges as that would be double jeopardy since Tuite was acquitted of murder in the San Diego Superior Court trial in 2004.”

SAM SPITAL, CRIMINAL LAWYER

3rd California police officer charged in beating death of homeless man (Sam Spital)

“CNN News today, September 28, 2012, reported a horrific crime in which a former Fullerton (Orange County community in Southern California) Police Officer was charged with Involuntary Manslaughter and Excessive Force in the savage beating death of a mentally ill homeless man, Kelly Thomas, in which it  was also noted he was wearing slippers and long pants, shirtless and carrying a backpack at the time police received a call of a “homeless man looking in car windows and pulling door handles of parked cars at the city’s bus depot.” Two other Fullerton Police officers were also similarly charged in this brutal crime being charged. It is noteworthy that a video of the incident depicted the homeless man crying out “help me” and “I can’t breathe” as he was violently beaten. The defense claim improper medical care after the hospital admission may have contributed to the death. One of the defendant’s attorneys claimed his client was standing upright during the time two of the other officers were bent over trying to arrest Thomas.

The City of Fullerton reportedly paid the mother of Thomas $1 million as part of a settlement. The father who was divorced has a separate wrongful death claim pending. No amount of money can replace one’s child whether an adult or not, nor compensate the premature loss of a loved one.

Regardless of what appears to be a senseless homicide, we should not second guess the officers and their conduct without knowing all of the facts. Moreover, the stress and pressures they face on a daily basis need to be mitigated by much more and continuous education and training to be more tolerant of deviant behavior, particularly when it is possible the alleged offender has a mental illness.”

Sam Spital, Criminal Defense Lawyer

Mother faces charges for death of baby (Sam Spital)

“CBS reported on September 10, 2012 the death of a seven month old boy who fell out of a third floor apartment window and died. The mother was taken into custody and faces criminal charges for murder.

The summary account failed to elaborate further, creating a challenge for anyone to know much more than to feel the pain associated with such a tragedy.”

SAM SPITAL, Criminal Defense Lawyer

 

Compton shooting leaves one dead, two wounded (Sam Spital)

“The Los Angeles Times reported on September 10, 2012 a homicide in the neighboring community of Compton in which one person was killed and two others wounded. Unfortunately, Compton has had 14 homicides so far this year. Because the article did not provide any further details, it is unclear what other facts exist to understand the defendant’s motive, excuse and possible defenses. Suffice to say, violent crime is a complex and serious matter that often stems from one’s inability to deal with stress, whether financial, personal or social. No excuses are being made, except it helps to identify the forces at play so that society can do a better job in preventing such widespread and continuing scourges.”

SAM SPITAL, Criminal Defense Lawyer

 

Deputy kills inmate at hospital (SAM SPITAL)

“In the Fox Channel 5 online news reported on September 3. 2012, there is an account of an inmate at the San Diego County Jail who appeared to be unresponsive in his cell. When deputies entered the cell, however, it was reported the inmate attacked the officers. Shortly thereafter, the inmate was taken to the University of California, San Diego Medical Center. (UCSD Hospital). While having a computer tomography (CT) scan, the inmate slipped out of restraints. Then, the inmate started swinging a chain at deputies and a medical technician. A deputy fired a Taser dart at his torso and he was struck with batons. Nonetheless, the defendant was able to stand up and as he was charging at a Deputy Sheriff, he was fatally shot.

These situations only remind us how vigilant law enforcement must be when at work, whether on duty in the street, in the jail or hospital.. Sadly, there are individuals in society that do not or cannot respond to directions from law enforcement, whether it is a result of their mental condition, use or abuse of drugs and/or behavior that is otherwise unpredictable or uncontrollable. No one condones taking another person’s life, except where there are special circumstances such as “self-defense, which appears to be the case in the situation described by the online reporter. Neither the conduct of the defendant nor the officers can be assessed without all of the facts and information. Until that is available, the best anyone can do is to wait and see before rushing to judgment. At the same time, the account sheds light on the increasing challenges that exist in society today. We all must be mindful of these stresses and try to put sufficient balance into our lives regardless what we are doing and where we are, as well as to be more tolerant and have greater understanding.”

Sam Spital, Criminal Defense Lawyer

SAN DIEGO: Three family members killed in home (SAM SPITAL)

“It is horrific any time there is a killing, but far worse when it involves family members; yet, even more ghastly when infants are also involved in a homicide.

There simply is too much violence occurring in society. Whether it is a struggling economy, huge debt, a bankrupt government, unemployment, underemployment or quite often tension between each spouse, there are support mechanisms that should and must be used. There seems to be lacking sufficient education and/or Public Service Announcements to alert and encourage people to obtain assistance. Clearly, the money that is spent by Government on other things should take a back seat to what can be characterized as an unspeakable scourge in society. Everyone can access family therapy whether from a religious leader, individual or group counseling or a local and often free service group. No matter what, however, it strains credulity for anyone who has brought children into their life to injure or kill them.

It has been reported the Defendant has a long history of criminality and even was incarcerated in State Prison. The sad reality is our penal system did little to resolve the deep seated emotional problems that may be the underlying cause of the alleged crime. It appears the defendant was a victim of abuse and neglect as a child and did not receive a timely and correct diagnosis nor did he receive any appropriate treatment. Nonetheless, I do not know all of the facts and circumstances as the media accounts afford little for the reader to discern. Therefore, it would be inappropriate to rush to judgment. Everyone deserves the benefit of such restraint.”

Sam Spital, Criminal Defense Lawyer

Hamden cops arrest teen in weekend slaying of man, 22 (SAM SPITAL)

“Sadly, bad things can happen to good people. It is so important that family members, friends and associates be aware of problematic signs that often cause individuals to make bad decisions and/or engage in criminal behavior, and even with no prior criminal history. There are simply far too many pressures that society faces and people need support systems.”

Sam Spital, Criminal Defense Lawyert

 

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