Tag Archives: murder

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

Mom pleads guilty to drowning autistic son (Sam Spital)

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Commentary by San Diego criminal lawyer Sam Spital:

“In the December 28, 2012 edition of the UT San Diego news, a 37 year old mother pled guilty to second degree murder for drowning her 4 year old autistic son. This is the case in which the mother drove to the police station with her lifeless infant in her car and confessed to the horrific crime shortly after the incident. The unforgivable motive for the killing seems apparent because the mother stated she had no life since she had to take care of her son. The article also revealed the mother unsuccessfully tried to drown herself.
The sentencing hearing is scheduled for January 28th at which point the mother faces 15 years to life in state prison for drowning her son. Little is known about the mother, including her mental state, past family, employment and social history, nor who is the father of the infant child. Some of these factors may be disclosed at the time of the next hearing. These will never excuse the actions of the defendant, but often assist the court in determining the nature and extent of a sentence in a criminal case.”

 

 

Michelle Le’s Killer Sentenced – The judge said he never saw any signs of remorse (Sam Spital)

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“NBC Channel 7 News reported on December 10, 2012 in its online news edition the imposition of 25 years to life in the sentencing hearing of a nursing student after a jury found her guilty of first degree murder in the killing of a former fellow high school student who prosecutors opined occurred as a result of jealousy because she was having sex with her previous boyfriend.

The defense attorney argued the crime was not premeditated, occurred in the ‘heat of passion’ and, therefore, should not have been deemed first degree murder. The Superior Court Judge disagreed and in reading the verdict stated the crime was ‘cold blooded’ and the defendant showed no remorse.

There are whole panoply of elements that are critical to the defense that can and should be presented in court if not previously in a written format for the Judge to consider in sentencing, such as the absence of a criminal history and mitigating evidence. However, none of these factors were reported in the article for a balanced account to better evaluate the case.”

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/

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

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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

 

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

 

EXCLUSIVE: Crime Spree Suspect’s Family Speaks -Former firefighter Philip Hernandez, 40, went on a violent, three-day rampage across San Diego and was ultimately killed in a police shootout (Sam Spital)

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COMMENTARY BY CRIMINAL DEFENSE ATTORNEY SAM SPITAL:

“NBC 7 News reported in its November 5, 2012 online edition a former Riverside, California Fire Department officer of ten years who was age 40, went on a violent crime spree over a period of three days in San Diego with his newly married 18 year old wife in which there was an ‘execution style’ murder of an off-duty SDPD officer shot in the head at an ATM machine in Escondido. The police officer previously arrested Hernandez for having sex with a minor. In addition, there was another shooting, carjacking, robberies, and arson of several vehicles.

The former Chula Vista High School graduate had served in the US Army in Iraq was killed during a police shootout. The teenage accomplice said she and the former firefighter were married this summer when she was only 17 even though she alleged he raped her when she was 16. Other firefighters and family members were all in shock at what they claimed was totally uncharacteristic of him. The family believes Hernandez could not handle the sexual abuse charges and reacted with this aberrant behavior. The family and friends of the various victims, as well as that of the police officer who was killed, and the former firefighter and his teenage wife will be scarred forever as a result of such a horrific series of crimes. The teen suspect faces various charges including robbery, carjacking and making criminal threats, which carry up to 19 years in State Prison.”CRIMINAL DEFENSE ATTORNEY SAM SPITAL

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

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