Tag Archives: murder

Attempted murder suspect arrested

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Police arrested an attempted murder suspect in Vista on Tuesday, eight hours after he went on the run.

Kenneth Wayne Welch, 42, allegedly beat his girlfriend, then left the scene in his pickup truck with their 5-month-old son. Welch left the unharmed child with a relative.

Welch’s girlfriend said that he hit her on the head and tried to run her over with his truck. Luckily, the girl’s injuries were not life-threatening.

After spotting a police car, Welch crashed his truck on Mar Vista Drive and attempted to run, but gave up and surrendered to the deputies.

Welch has a criminal record that includes prison time for robbery, domestic violence and vehicle theft.

 

Friend: Murdered woman texted ‘help’ after leaving with Marine

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The preliminary hearing for the Marine sergeant accused in the murder of his wife has started. The woman’s body was discovered near a lake last year. According to a friend of the victim, the woman texted the word “help” shortly after leaving on a dinner cruise with the suspect.

During the testimony, the friend said the victim was reluctant to go on the cruise with her estranged husband, but decided to go with him after his pregnant girlfriend assured her it was fine. The girlfriend claimed that she could not accompany him due to her pregnancy. She is also a suspect in the woman’s murder case.

Discrepancies in the suspect’s narrative about what happened to the victim during their outing led the friend to report the woman as missing. Further investigation led to the discovery of BDSM paraphernalia in the suspect’s home. Authorities allege the victim was forced to participate in sexual behavior prior to being killed.

 

 

 

4 killed in Orange County shooting spree

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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.

 

 

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

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

 

Woman Pursued Evidence in Brother’s Murder – Nearly 2 years to the day after the tragic crash, CHP arrested a man in the hit-and-run death (Sam Spital)

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Commentary by Sam Spital, San Diego Criminal Law and Murder Defense Lawyer:

“On January 16, 2013, NBC San Diego contained an article in which a murder suspect was arrested about two years to the day after a hit and run death. When law enforcement could not identify the person responsible, the sister of Frank Yarborough, the victim in this homicide case, initiated her own investigation and through a series of steps located the individual that now has been arrested for felony hit and run. The article revealed that Dixon Russell Dixon, the driver of a Ralph’s semi-truck trailer, made a u-turn and ran over the motorcycle driven by Yarborough.

Interestingly, Dixon was actually interviewed by CHP investigators as he was eating inside his truck that was parked close to the scene of the crime. It is claimed that he said he was “in Del Taco getting lunch” so the officers did not pursue him any further. The loyalty, love and devotion of a sister clearly helped law enforcement obtain additional information in order to help determine who to arrest even after two years doing their own cold case investigation. Because it is not known what evidence ultimately led to arresting Dixon, we should presume his innocence until proven otherwise in court.”

–Sam Spital

 

Officers Fatally Shoot Pursuit Suspect-The suspect driver allegedly accelerated toward the officers at a dead end (Sam Spital)

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Commentary by Sam Spital, Criminal Lawyer- San Diego:

“NBC Channel 39 in its electronic news on January 12, 2012 reported an officer had shot an assailant at about 1:15 a.m. when there was a pursuit of a vehicle driving at an excessive speed that in spite of the police siren and red lights flashing eventually only came to a halt at a dead end street when it made a u-turn. When the officers stopped the vehicle and ordered the occupants to exit the unreported stolen vehicle, they did not do so and instead the car was accelerated towards the officers. Even after the officers admonished the 21 year old female driver to stop, she did not. Fearing their safety, the officers who had been on the police force from 4 to 6 years fired their weapons and the driver was shot and killed in the process.

It would be unreasonable to attribute blame to the officers in such exigent circumstances because enough facts are not known as to whether the officers could have prevented the situation if they had blocked the street to prevent the car from escaping and/or obtained assistance from other patrol cars to do the same. Suffice to say, the reporter did not interview the officers and obtain more information, nor did she contact any of the passengers in the stolen vehicle to develop a more complete account of the events in question.”

–Sam Spital

LA police arrest man suspected of murders in 1980s (Sam Spital)

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Commentary by San Diego Criminal Defense Lawyer Sam Spital, a Former Deputy Attorney General with the California Department of Justice:
“On January 7, 2013, the UT San Diego News printed an online article of a 72 year old transient who had been described as a ‘career criminal’ because he had wandered from one place to another, having a record of arrests by police in 24 states, and now was caught and arrested for the brutal sexual molestation and strangulation killings in the late 1980’s of three woman, ages 35 to 46.  He was linked to these savage crimes by DNA evidence and charged with 3 counts of murder with special circumstances.
The article revealed a criminal history of two separate convictions for false imprisonment and assault of two women in San Diego for which he was sentenced to State Prison and later paroled. The suspect was also charged in Florida and Mississippi with two counts each of attempted murder and murder, but not convicted of those offenses. Most of the other arrests that were publicized were for drunk driving and burglary, although investigators believe the suspect also committed violent crimes against others with ‘high lifestyles,’ such as prostitutes and drug addicts. It is believed the defendant will be assigned the Public Defender, but that is still undetermined. With the charges now being filed over two decades later, the attorneys will have a greater challenge trying to put together dates, times and events to build their respective cases. Private investigators may be hired by the defense and the defendant will be called upon to assist in establishing his account of the horrific murders.”–Sam Spital

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