Tag Archives: manslaughter

Suspect linked to death of woman in Lemon Grove arrested in Oregon Jennifer Krajnak found unconscious by deputies (Sam Spital)

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Commentary by Criminal Defense Lawyer Sam Spital:

“KGTV Channel 10 online News reported on January 6, 2013 a recent investigation by law enforcement revealed Casey Tschida as the name of the 32 year old suspect in the killing of Jennifer Krajnak. The suspect was an acquaintance of the 30 year old victim and was just arrested in Portland, Oregon at his mother’s house. He will soon be extradited for these charges in San Diego. According to the report, the suspect and the victim were at a bar shortly before the killing; each left separately at about 2:00 a.m., and apparently Jennifer was approached by the suspect as she was walking home; she was found dead shortly thereafter in the front of her home.

The article did not contain any more information relating to the victim nor the attacker. It strains credulity how little information is gathered by reporters today , whether print or electronic The traditional journalist would not only seek as much background information as possible, but sufficient facts to provide a balanced account. Lacking any of the above, it is a challenge for anyone desiring to make a comment to offer much value to the reader of an article and/or viewer of this or any other such news story.

Nonetheless, there are various crimes that can be charged in a homicide, including murder one that is premeditated; murder two that is in the heat of passion; voluntary manslaughter is a killing that lacks malicde aforethought; and, involuntary manslaughter, which is a death as a result of reckless misconduct. In addition, there may be legal defenses, such as self-defense that can negate the finding of a criminal offense, as well as extenuating circumstances and/or mitigation that can bear on the sentencing of a defendant in such a case.”

–Sam Spital

82-Year-Old Pleads Guilty to Manslaughter (Sam Spital)

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Commentary by CRIMINAL DEFENSE LAWYER SAM SPITAL AND ASSOCIATES:

“In the Tuesday NBC Channel 7 online edition of the news it was reported on December 11, 2012 that an 82 year old woman pled guilty to Voluntary Manslaughter in connection with the shooting death of her long- time 57 year old friend who in a home they shared in San Diego from time to time were roommates. No motivation, mitigation, explanation or further information was reported, nor did the author of the article interview the Criminal Defense Attorney. In order for the sentencing hearing to have some value for the defendant, it is hoped the defense will look to these factors to present arguments and evidence on behalf of the real life tragedy.”

Judge Won’t Lower Bail for Arizona Woman Accused in Death of Stranger at Sorrento Valley Hotel (Sam Spital)

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COMMENTARY BY HOMICIDE CRIMINAL DEFENSE LAWYER SAM SPITAL:

“A story was published online by San Diego 6 local news on November 28, 2012 in which a defendant is charged with second-degree murder in which the Judge declined to reduce the $1 million bail. It is interesting that the defense attorney referenced the killing to be in self-defense while the prosecutor argued the defendant came to the victim’s hotel room after they had been in an altercation and in order to get her to open the door under the pretense it was a hotel worker, she announced: ‘housekeeping.’  The Deputy District Attorney proceeded to describe what then took place by the defendant who stated: ‘This is what you deserve, bitch’ as she grabbed the victim by her hair and slammed her against the mirror on the wall.

Ordinarily, bail hearings focus on a reduction of the bail previously set or a release on your own recognizance (O.R), in which the payment is waived on condition the defendant promises to appear in court. Some of the key factors a criminal defense attorney should reference in their Motion for a Reduction in Bail are: 1. The absence of a past criminal record or minimal record; 2. That any previous criminal incidents were minor and/or occurred many years earlier; 3. The defendant has resided in the community for many years; 4. The defendant is employed and has a regular job; 5. He has a spouse, children &/or parents living in the community; and 6. He has always appeared in court as required for any previous crimes, in short, there have been no prior arrest warrants or ‘failures to appear’ in any past cases. Bail may be paid in cash, with a credit card, cashier’s check, or the cash equivalent in property. It is refunded when the defendant appears in court as required, except in the case of a bail bondsman with whom the details of such an agreement should be discussed.”

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

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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/

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

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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)

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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

 

Jury selection under way in Paradise Hills Craigslist slaying

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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

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“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

 

Mother faces charges for death of baby (Sam Spital)

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“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

 

Mom to be tried in son’s drowning death (SAM SPITAL)

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“The San Diego Union Tribune reported in the September 8, 2012 online edition that a mother drowned her four year old son. How outrageous could anything like this be? The article noted the mother thought of her own suicide but did not want to leave her son alone. Does this make sense? Of course not; anyone who would kill their child is a person needing skilled and comprehensive mental care and treatment.

No matter how serious the problem, it is unspeakable to take the life of another … let alone a family member; and, even worse a situation in which the life of one’s own child is sacrificed due to the pain and suffering experienced by a parent. It was reported the child was diagnosed as autistic at the age of one. Certainly, the child needed proper medical attention, and the article described the special care and steps taken by the parents to provide seemingly appropriate treatment. However, the process can take many years and the benefits may be slow and, at times, perhaps even seem futile. Nonetheless, there are many successful resources, including support systems and countless social programs, that are available. One should never give up, but even worse to drown their child to end his suffering seems more of an effort to end one’s own suffering. Clearly, the mother for the rest of her life will no doubt experience the guilt and pain associated with drowning her infant child. Apparently, the father was shocked when he heard about this while he was at work; he too is a victim of his wife’s crime and it is easy to see the suffering he will experience along with the guilt in not preventing the horrific murder.

The defense will no doubt raise an issue of the mother’s incapacity to know right from wrong, but more facts will likely surface to better evaluate the posture a defense lawyer might take to represent the mother in her criminal case. It was also reported that the mother drove to the police station after the drowning to turn herself in. It is not totally inconsistent for one to not know right from wrong at the time of the criminal wrongdoing, but later have remorse and/or comprehend she committed a homicide. The prosecution will likely argue against insanity, incapacity and/or mitigation raised by the defense.

The reader is left contemplating a whole panoply of thoughts and ideas.”

Sam Spital, Criminal Defense Lawyer

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