California criminal defense attorney

August 14, 2020

San Diego Sheriff’s Deputy Charged With Second-Degree Murder

A former San Diego sheriff’s deputy has been charged with second-degree murder for fatally shooting a subject who was running away from a park ranger’s vehicle. The subject was identified as Nicholas Bils, age 36. Bils was arrested by park rangers at the Old Town San Diego State Historic Park after he and park rangers got into a dispute. Once inside the park ranger’s vehicle, Bils was able to slip out of his handcuffs, exit the vehicle, and try to flee the vicinity.

Aaron Russel, age 23, was the San Diego County sheriff’s deputy who spotted Bils running. Russel began to chase Bils down the street in front of a San Diego courthouse. During the chase, Russel fired four shots at Nicholas Bils, killing him.

Kathleen Bils, the mother of Nicholas Bils, said that the confrontation with the park rangers took place because the rangers were trying to tell her son that the park was closed due to the coronavirus pandemic. Kathleen indicated that her son was suffering from a major fear of law enforcement and was also a paranoid schizophrenic. According to Kathleen, Nicholas had a long history of mental health issues. She explained that the park rangers must have scared her son and that he reacted the way that he did because he did not understand what they were saying. According to reports, Nicholas began swinging a golf club at the rangers and then tried to run from them. The rangers eventually caught up with Nicholas, and when they did they arrested him and placed him in their vehicle. Nicholas was able to escape out of a window that was rolled down at the time of his arrest.

How is Lethal Force by a Police Officer Treated in California?

In 2019, Governor Gain Newsom signed updated legislation that was introduced by California Assemblywoman Shirley Weber that described new rules on when law enforcement can legally use lethal force in the line of duty. The law states that an officer can only use lethal force when necessary. Before this law was signed, the guidelines on lethal force said it could be used if any reasonable officer would have done the same thing given the circumstances. The legislation made California one of the most strict states in the nation when it comes to law enforcement’s ability to use lethal force.

August 7, 2020

One Inmate Dead at the Donovan Correctional Center

by David M. Boertje

An inmate at the Donovan Correctional Center in California died on Friday, July 10. Details as to how and why the inmate passed have not yet been released. An investigation into the death is currently underway. One of the responsibilities of the Office of the Inspector General is to ensure that there is fair management, oversight, and transparency with regards to practices and procedures with the California Department of Corrections and Rehabilitation.

Who is Incarcerated in California State Prisons?

According to data released by the Public Policy Institute of California, there have been approximately 115,000 inmates serving time in California’s prisons since 2017. Out of all of the state-owned prisons, 37% are over capacity. African Americans represent a majority of the prison population in California. The information released by the PPIC indicates that 28.5% of the population is made up of African-American males. Imprisonment of African Americans is 10 times that of their white counterparts. This is also the case when it comes to the female population. In the female prison system, 25.9% of the female inmates are African American. This means that African-American women are imprisoned at a rate five times higher than white women.

Over 81% of the inmates who are imprisoned in the California correctional system were born in the United States, while 13% were born in a foreign country. The diverse population has at least one thing in common, which is that they are aging. During the period from 2000 to 2017, the number of prisoners who were aged 50 or older skyrocketed to 19% of the population. While this time period showed an increase in the aging population, it also reported a decrease in younger inmates aged 25 and below. When looking at all of this information combined, the average age of a male in California state prisons is 40, while the average age for women is just below that at 38.

There are many prisoners who will be released after they serve about half of their four-year sentences, but a greater number of inmates will be serving time far beyond this amount of time. While the types of crimes that cause an inmate to be imprisoned are diverse, the most common offenses that brought people to be incarcerated in California state prisons in 2017 included:

Assault
Weapons offenses
Robbery

All of these offenses are considered serious violent crimes by the state.

Do You Need a San Diego Criminal Defense Attorney?

If you have been arrested for a crime in California, you may be facing some amount of jail time. Spending time behind bars is not only difficult, but having this blemish on your record can negatively affect your life and the opportunities available to you after your release. It is important to fight your charges, and the California criminal defense attorneys at the Law Offices of David M. Boertje have the experience you need to help you reduce potential jail time or even eliminate it altogether. Continue reading

July 31, 2020

What are the Five Most Dangerous Cities in California?

by David M. Boertje

Crime in America is not something that occurs in only some states; every state has its hotspots where criminal incidents are high. In California, according to the Department of Justice’s Crime Data report, violent crime decreased by 1.5% from 2017 to 2018. The homicide rate also decreased by 4.3%. Other notable decreases in crime include:

Robberies were down 4.5%
Motor vehicle theft decreased by 8.3%
Larceny theft was down by 3.7%

Even the total arrest rate in California was reported to have decreased by 1.1% from 2017. Although the trend from 2017 to 2018 showed a decreased rate of crime, there is no question that some cities are far more dangerous than others.

What Were the Five Most Dangerous Cities in California in 2019?

Eureka is not just an unsafe city for the state of California, but it tops the charts as one of the most unsafe in the nation. There are more than 1,700 crimes reported each year in the city. The majority are property crimes, but there is a significant portion made up of violent crimes. Approximately 244 reported crimes out of the total are violent.

Commerce, located in Los Angeles County, has over 9,000 property crimes reported for every 100,000 people. Burglary, theft, and motor vehicle theft have significantly higher rates in Commerce than compared to the rest of the country. While there has been a dip in violent crime in the city, murder, rape, and assault incidents are also higher when compared to the U.S. as a whole.

Red Bluff comes with a crime rate that is 168% higher than all the crimes reported in the whole state of California. If you visit Red Bluff, you have a 1 in 17 chance of becoming a victim of a crime.

Oakland is a big city — the eighth largest in California. Residents are at high risk for both property crime and violent crimes there. Living in Oakland, you have a 1 in 7.6 chance of being the victim of a violent crime. Crime in Oakland is almost 160% higher than the national average.

Emeryville, located north of Oakland, has the most property crimes reported versus any other city in the state of California. The violent crime rate is seeing a decrease, but it is still much higher than in other cities in the state. Emeryville has been the most dangerous city in California for three consecutive years, 2017, 2018, and 2019.

July 24, 2020

Betty Broderick Denied Parole for a Second Time

by David M. Boertje

There are those who would not have sentenced Betty Broderick to prison and those who believe her sentence was just and that prison time was deserved. In 2017, Betty had the chance at parole but was denied. Betty never refuted that she shot her ex-husband and his young wife, but she did explain that she was a battered woman at the hands of her ex-husband and she committed the murders when her life circumstances became so overwhelming that she snapped. There have been numerous television shows and movies inspired by the crime.

What is Betty Broderick’s Story?

In 1965, Betty and Dan Broderick met during a Notre Dame football weekend in South Bend, Indiana. At the time of their meeting, Dan was a senior in college and Betty attended an all-girls Catholic school in the Bronx. While Dan was living at school, Betty lived at home with her family. Dan was immediately taken with the pretty young blonde and was in constant communication with her. According to Betty, they were very similar and both had the same dreams for their future, including enhanced social status and a large family.

In 1969 Dan and Betty married, and by 1970 they became new parents to their daughter, Kimberly. Dan attended medical school and then pursued a law degree at Harvard Law School. In 1971, the couple moved to Massachusetts and had their second daughter, Lee. By 1973, Dan was hired at a Law Firm in San Diego, California, and moved to a beautiful beachfront community. The couple then went on to have more children, Daniel in 1976 and Rhett in 1979.

The Brodericks lived a luxurious life of country clubs and vacations, their children went to private schools and they appeared to have the perfect existence. But they argued quite frequently and sometimes the fights were violent. The children’s home life was volatile. In 1983 Dan hired a young legal assistant, Linda Kolkena, who looked strikingly similar to Betty in her younger years. After working together, Dan had an affair with Linda.

Betty found out about the indiscretions of her husband and eventually, after a tumultuous multi-year process, divorced him. Dan and Linda went on to marry. More turbulent times ensued between Betty and Dan. Betty was bent on revenge and broke into the home of Dan and his new wife Linda, where she shot both of them while they slept.

July 17, 2020

Police Shoot Woman Who Brandished a Knife and Punched a Police Canine

by David M. Boertje

On Saturday, May 23, a woman allegedly brandished a knife and fought a police canine in the East Village. According to the San Diego Police Department, an officer shot and wounded her. The incident was reported at 9:50 p.m. in the 500 block of Park Boulevard. Witnesses called the police to report being hit by glass that the 26-year-old woman was throwing at them from an upper-level apartment.

Lt. Andra Brown of the SDPD said that upon arrival, broken glass and furniture were seen on the sidewalk. Officers attempted to talk with the woman, but this did not stop her from throwing items from her apartment window. Officers also noted that she was seen at her window with a knife.

The officers were able to get into her apartment where they found her barricaded in her bathroom. They continued to try and speak with her and used a variety of techniques to get her to come out of her bathroom including chemical agents and a police canine. The woman allegedly punched the canine and was threatening officers with the knife. In response, one officer shot the woman. Once she was down, they engaged in first aid and also called the paramedics.

None of the officers nor the canine sustained injuries from the incident. Homicide detectives investigated the incident because of the officer’s action to shoot the woman. They found the knife in the apartment. The officer that shot the woman was not named and the woman’s identity was not released. It is known that the officer was with the SDPD for over 11 years. Upon completion of the investigation, the San Diego County District Attorney’s Office will review it and decide if criminal liability exists.

In addition to the homicide detectives’ investigation, Internal Affairs will also review the incident to see if any policy violations took place. The Shooting Review Board will look at the actions that the officer took to ensure they were proper and the Community Review Board on Police Practices will inspect the details of the incident. Last, the Federal Bureau of Investigations and the U.S. Attorney’s Office will be keeping watch over the investigation.

When can an Officer Shoot a Firearm?

Law enforcement officers are legally allowed to use deadly force if there is a reasonable belief that the incident they are involved in has an impending threat of lethal force coming their way. They can also use their firearm if they believe there is a potential for another officer or a member of the public to be the recipient of deadly force.

The idea of what is “reasonable,” the details of the situation, and the information the officer has at the moment comes into play when evaluating a shooting incident. Under the penal code, officers are able to evaluate a situation and use the necessary force required to control it. Officers can use force when there is resistance or if they determine it is appropriate to try and stop themselves or another person from being hurt or killed.

July 10, 2020

Man Arrested After Shooting Incident At 200 Southlook Ave

by David M. Boertje

A shooting was reported to have taken place in the Mountain View area recently. Police said that there was a verbal argument between two groups on the 200 block of Southlook Avenue a bit before 9:00 p.m. on a Saturday. The responding officer explained that the argument quickly turned violent when at least one person shot off many bullets into a crowd of people. As the shots were fired, the crowd dispersed and many people fled the scene. One man, a 27-year-old, was shot in the back. He was transported to the local hospital for treatment. It is believed that his injuries are not life-threatening. The SPPD arrested one 18-year-old man in connection with the incident. The shooting was believed to be gang-related.

How Does San Diego Respond to Gang Activity?

There are 10 teams of uniformed officers and criminal investigators that make up the San Diego Street Gang Unit. They are divided into three categories:

Gang Suppression Team which is in operation every day of the week, every week of the year patrolling the streets where gang activity and crimes are the highest.
Graffiti Strike Force watches for new groups that splinter off into and begin developing their own criminal gang network. A group is considered a gang when the following criteria are met:
- A group name or an identifiable leader
- The group claims an area of the city or their turf, is a criminal enterprise, or engages in criminal activity that causes or contributes to the decline of a community
- The group meets regularly
- The group commits two or more felonies as listed in PC 186.22f

Gang Investigations are most focused on felony crimes committed by gang members and are specifically tasked with the removal of the most violent gang offenders from the public sphere.

Together the Street Gang Unit’s goal is to crack down on gang-related crime and reduce membership in gangs in the city. The city takes gang violence and crime seriously by forcefully prosecuting gang members. Everything from secret surveillance systems to special operations and fieldwork help the unit find and arrest San Diego gang members. Reducing gang activity is important to keeping the neighborhoods in the city and the residents safe.

Are You Facing San Diego Violent Crime Charges and Need Legal Representation?

The Law Offices of David M. Boerjte can help you when you have been arrested and charged with a San Diego violent crime. Our law firm has successfully represented individuals charged with:

Assault and Battery
Domestic Violence
Hate Crimes
Arson
Manslaughter
Illegal Possession of Weapons,
Homicide
Attempted Murder

June 12, 2020

San Diego Police Arrest Two Juveniles in Connection With Lawrence Furchell Murder

by David M. Boertje

Two juveniles have been arrested for participation in the death of a 16-year-old boy who was found beaten and lying on a San Diego Street on Wednesday, April 15. San Diego Police Lt. Matt Dobbs said that the homicide was reported at 10:30 a.m. in the 3000 block of C Street in the Golden Hill area. When officers arrived at the scene they found the boy, identified as Lawrence Furchell, laying in the street with head trauma. The officials provided aid to the boy until an ambulance came to transport Furchell to the local hospital for treatment. Furchell died in the hospital.

Homicide investigators were evaluating the scene to determine how the incident took place. They indicated that Furchell was riding in a large black SUV and he suffered blunt force trauma to the head. The two boys who were arrested in connection with the crime were aged 17 and 16. They were booked into juvenile hall on suspicion of murder.

Investigators are still assessing the incident and piecing together the crime scene to determine how the murder happened and why. They are asking the public to contact the homicide unit with any information related to the murder.

How Are Juvenile Crimes Handled in California?

Criminal defendants under the age of 18 can be sent to either juvenile court or tried in adult court, depending on the crime. If sent to juvenile court, there is no jury. A judge will review their case and determine whether or not the juvenile is guilty of a crime. Punishments for young offenders can range from moderate to severe, depending on the crime and the defendant’s criminal history.

Juvenile court may sentence the child to incarceration or non-incarceration punishments. Incarceration options could include:

House arrest
Removal from home shared with parents or guardian to a foster home or group home
Juvenile hall
Probation
Secured juvenile facility
Adult jail
Combination of juvenile facility until the age of 18 then to an adult jail

If a juvenile is at least 14 years of age, the crimes that could put him or her in front of an adult court include:

First degree murder
Rape
Forcible sex offenses with the help of other people
Forcible lewd acts on a child under 14 years of age
Forcible penetration by a foreign object
Sodomy by force or violence

Get the Help You Need From a San Diego Criminal Defense Lawyer

The outcome of your child’s case will stick with him or her for life. If your child is being tried in adult court for murder, he or she could be looking at 25 years to life in prison. It is imperative that if you or a loved one is charged with a San Diego County murder that you immediately seek the counsel of an experienced San Diego murder and homicide defense attorney.

May 29, 2020

Misdemeanor Charges Threatening San Diego Freedom Rally Protest Organizer

by David M. Boertje

Governor Gavin Newsom through Executive Order N-33-20 made the determination that all Californians had to stay-at-home amid the pandemic. Effective as of March 19, the state was essentially shut-down. Now, weeks later, with businesses shut down, massive job losses, and increasing unrest, some people are ignoring the order and hitting the streets.

Naomi Soria, 27, is one of these Californians who openly opposes the stay-at-home order so much so she organized a protest in downtown San Diego. Soria, along with hundreds of other protestors, congregated on Saturday afternoon in front of the Hall of Justice demonstrating during a “Freedom Rally.” Now Soria is facing a legal battle as she is being threatened with potential misdemeanor charges for organizing and ignoring the governor’s order. With the misdemeanor charges, she is possibly facing 90 days in jail as well as a pricey $1,000 fine.

According to the SDPD, Soria is the only one of the hundreds of protestors that demonstrated to have a case submitted to the city attorney’s office. A spokesperson for the SDPD explained that because she was the organizer of the rally, she was in violation of the stay-at-home order. Soria remains defiant as she continues to exercise her constitutional rights arguing that she is protected by “all the amendments.”

The Center for American Liberty (CAL), a nonprofit organization is providing legal representation to Naomi Soria. This organization is also active in its efforts to oppose the public health order. CAL filed a lawsuit against Gov. Newsom because the order prohibited in-person church services.

Soria plans to continue to hold protests despite the threat of charges. The SDPD said they are aware of the future gatherings and have indicated that if they do take place, they may recommend additional charges be brought against her.

Are There Individuals Who Oppose These Freedom Demonstrations?

There are individuals and groups that oppose Soria’s efforts. The belief is that there should have been citations given to the protestors who ignored the orders of not gathering in large groups and not staying six feet apart.

Some religious leaders also questioned the authorities’ response to the gathering. They wanted to know why protestors were allowed to gather without penalty while churches will be penalized if they have in-person church services. The SDPD has responded by saying that although the events were not prevented from happening, there would still be legal repercussions, specifically for the organizers of the demonstrations.

Get the Help You Need From a San Diego Criminal Defense Lawyer

Soria’s legal team is aggressively defending her right to participate in constitutionally protected activities such as the right to assemble and the right to petition the government. Soria’s actions have put her in violation of Code 8665 because she willingly neglects to obey the public health order. Continue reading

April 24, 2020

Chula Vista Woman Murdered: Police Search for Husband

by David M. Boertje

There was a call to the Chula Vista Police Department on Sunday, March 29 about a physical fight between a couple in their home. The fight was between a married couple and resulted in the death of the 35-year-old wife. A manhunt ensued for the husband, 37-year-old Francisco Uriarte, who was believed to be on the run in the San Diego area.

Police warned the public that Uriarte was considered to be armed and dangerous. Authorities believed that he was armed with a knife and a gun. According to Chula Vista police Lt. Dan Peak, it was possible that Uriarte may go to a local hospital for medical attention as he likely had severe injuries to his hands.

Reports describe the incident, which took place a bit after 1:30 a.m., as a call to the Chula Vista Police Department for a domestic violence situation. When officers arrived at the Villa Granada Apartments located on Oxford Street east of Broadway, they were met by the couple’s three children. They then found their mother in the apartment unresponsive.

The authorities indicated that the children witnessed the fight. The children told officers that their father killed their mother. The woman died in the apartment before she was able to be transported to the hospital. The children were not harmed during the fight. Lt. Peak did not confirm the children’s ages and also would not release the name of the deceased woman until her family was notified.

Domestic Violence in California

According to the National Coalition Against Domestic Violence, 32.9% of women in California are victims of physical violence at the hands of their intimate partner. There were close to 175,000 incidents of domestic violence-related to calls to authorities in 2007 and many more incidents were not reported. In 40% of the cases reported, weapons were involved.

The two-year period between 2009 and 2011 in California saw an increase in deaths from domestic violence by 11%, even while the state reported a decrease in the homicide rate. Approximately 11.8% of all homicides in the state of California are a result of domestic violence.

Do You Need a Domestic Violence Defense Attorney in California?

Domestic violence charges are serious in California and come with significant consequences. Misdemeanor convictions could land you in jail for up to one year. If you are charged with a felony for domestic violence you could be facing up to two years in prison. The San Diego domestic violence defense attorneys at the Law Offices of David M. Boertje know that the criminal justice system will often rule in favor of the accuser. Continue reading

April 10, 2020

Victim Carjacked at 4200 Winona Avenue

by David M. Boertje

An 18-year-old male driving a 2001 blue Mercedes-Benz C320 was carjacked in the Colinas Del Sol community according to reports from the San Diego Police Department. The incident took place during the early morning hours of Sunday, March 15.

The SDPD said that the driver parked their car in the 4200 block of Winona Avenue when the incident happened. An unidentified suspect approached the car and opened the driver’s door. Then he pulled the man out of his car, said SDPD Officer Robert Heims. The suspect then proceeded to walk the victim away from his car. After he removed the victim from the automobile, the suspect got into the car and drove off, southbound on 4200 Winona Avenue.

The incident was reported to have taken place at 3:20 a.m. The victim called the police and identified the suspect as a Hispanic male in either his 20s or 30s who was wearing all dark clothing. The SDPD continues to investigate and is asking anyone who may have information about the crime to call Crime Stoppers at 888-580-8477.

Carjacking Statistics

According to the Bureau of Justice Statistics (BJS), over a nine-year period from 1993-2002, there were approximately 38,000 victims of carjacking during every one of these years. There were approximately 15 murders each year that also involved a car theft, although the murders may have not been directly related to carjacking.

The most carjacking incidents took place during the first five years of the nine-year span. Men were victimized more often than women, blacks more than whites, and Hispanics more than non-Hispanics. Carjacking affected those with lower incomes. Households that made less than $50,000 per year had higher rates of carjacking than those which made more than $50,000.

Many carjackings are conducted under violent terms. Approximately 74% of carjacking incidents involved the use of a weapon. Firearms were the most used, at 45%, while knives were used in 11% of incidents. However, victims were likely to resist the offender. In two-thirds of the carjacking incidents reported the victims fought back. Some chased the offender while others attacked the offender. There were some victims who tried to capture the offender.

Do You Need a Criminal Defense Attorney in California?

If you are arrested and charged with a carjacking in California, Penal Code 215PC indicates that it is a crime to take a car from another by using force or fear. Carjacking is a felony in the state and comes with stiff penalties of serving up to nine years in state prison. If you had a gun, injured the victim, kidnapped someone, or carjacked to benefit a gang, you may be looking at even more prison time. Continue reading