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More than 50 vehicles have been stolen from O.C. residents by scammers who target Latinos

Posted on January 27, 2022 by Editor Posted in automobiles, Crime, Latinos, OCDA, Santa Ana Leave a comment

SANTA ANA, Calif. – Orange County law enforcement agencies are warning residents about an elaborate scheme thieves are using to steal vehicles from members of the Latino community under the guise of hiring them to transport money using their own vehicles. Most of the victims were targeted through ads posted on Facebook Marketplace and other social media platforms and the transactions were mainly conducted in Spanish.

In more than 50 cases across Orange County, unsuspecting victims were left without the exorbitant sums of money they were promised to be paid for the job and without their vehicles after the criminals left in the vehicle after telling the victims they needed to take it to another location to load it with the money to be transported. The victims were left waiting on the street for their vehicle to return and the thieves never came back.

The Orange County Auto Theft Task Force (OCATT) has investigated more than 50 of these cases occurring in cities across Orange County since July 2021.

Because of the nature of the theft, some victims have been hesitant to contact law enforcement.

“These criminals are preying on those who may be struggling financially through advertising get-rich-quick schemes,” Sheriff Don Barnes said. “The Sheriff’s Department and our regional law enforcement partners are working to educate our communities about these criminal enterprises and how to protect themselves. Do not fall prey to these scams.”

“Members of the Latino community are being specifically targeted by these thieves in the hopes that they are too afraid to come forward out of fear that they too may be implicated in a criminal enterprise or have deportation issues,” said Orange County District Attorney Todd Spitzer. “Many people have to rely on a single vehicle for transportation for their entire family to go to work and school and having that vehicle stolen is devastating. We will not allow these predators to continue to target vulnerable victims just to make a quick buck.”

“Through collaboration with our partnering Orange County law enforcement agencies, the Tustin Police Department has continuously worked to limit the impact of these crimes on our Latino community,” said Tustin Police Chief Stu Greenberg. “We will continue to thoroughly investigate any type of crimes reported to our Law Enforcement Officers while seeking to identify and arrest all individuals operating under this false pretense.”

If you have been a victim or have been solicited regarding this scheme, please contact your local police agency. Anonymous tips can be submitted to OC Crime Stoppers at 855-TIP-OCCS (855-847-6227) or at occrimestoppers.org.

Ladrones eligen como blanco a miembros de la comunidad latina en esquemas publicitarios del mercado de Facebook para robar al menos 50 vehículos

SANTA ANA, California – Las agencias de la ley del Condado de Orange están advirtiendo a los residentes sobre un elaborado esquema que los ladrones están utilizando para robar vehículos de miembros de la comunidad latina bajo el pretexto de contratarlos para transportar dinero usando sus propios vehículos. La mayoría de las víctimas fueron victimizadas a través de anuncios publicados en Facebook Marketplace y otras plataformas de redes sociales y las transacciones se realizaron principalmente en español.

En más de 50 casos en todo el Condado de Orange, las víctimas desprevenidas se quedaron sin las sumas exorbitantes de dinero que se les prometió que se les pagaría por el trabajo. Mas allá, las víctimas se quedaron sin sus vehículos después de que los delincuentes se fueron en el vehículo después de decirles a las víctimas que necesitaban llevarlo a otro lugar para cargarlo con el dinero para ser transportado. Las víctimas se quedaron esperando en la calle a que regresara su vehículo y los ladrones nunca regresaron.

La fuerza regional especializada en robos de autos del Condado de Orange (OCATT, por sus siglas en inglés) ha investigado más de 50 de estos casos que ocurren en ciudades de todo el Condado de Orange desde julio de 2021.

Debido a la naturaleza del robo, algunas víctimas han dudado en ponerse en contacto con la policía.

“Estos criminales se aprovechan de aquellos que pueden estar luchando financieramente a través de esquemas publicitarios para hacerse rico rápidamente”, dijo el sheriff Don Barnes. “El Departamento del Sheriff y nuestros socios regionales encargados de hacer cumplir la ley están trabajando para educar a nuestras comunidades sobre estas empresas criminales y cómo protegerse. No caigan presa de estos criminales”.

“Los miembros de la comunidad latina están siendo elegidos como en blanco específicamente por estos ladrones con la esperanza de que tengan demasiado miedo de presentarse por temor a que ellos también puedan estar implicados en una empresa criminal o tener problemas de deportación”, dijo el Fiscal de Distrito del Condado de Orange, Todd Spitzer. “Muchas personas tienen que depender de un solo vehículo para el transporte de toda su familia para ir al trabajo y a la escuela y que les roben ese vehículo es devastador. No permitiremos que estos depredadores continúen atacando a víctimas vulnerables solo para ganar dinero rápido”.

“A través de la colaboración con nuestras agencias de ley del Condado de Orange, el Departamento de Policía de Tustin ha trabajado continuamente para limitar el impacto de estos delitos en nuestra comunidad latina”, dijo el Jefe de Policía de Tustin, Stu Greenberg. “Continuaremos investigando a fondo cualquier tipo de delito reportado a nuestros oficiales de la ley mientras buscamos identificar y arrestar a todas las personas que operan bajo este falso pretexto”.

Si ha sido víctima o ha sido solicitado con respecto a este esquema, comuníquese con su agencia de policía local. Las denuncias anónimas se pueden enviar a OC Crime Stoppers al 855-TIP-OCCS (855-847-6227) o al occrimestoppers.org.

Hardin sent a woke mob to harass crime victims and their families at a Spitzer press conference

Posted on January 26, 2022 by Editor Posted in 2022 Elections, Elections, OCDA, Pete Hardin, Politics, Santa Ana, Todd Spitzer Leave a comment

Today, Orange County District Attorney Todd Spitzer held a #NoLAinOC themed reelect press conference on the physical property line separating Los Angeles and Orange Counties.

The #NoLAinOC theme is not an insult to Los Angeles, but a warning against failed pro-criminal policies and woke District Attorneys who are accelerating the demise of communities around the country. Spitzer is running against a clone of Los Angeles District Attorney George Gascon and is fighting to keep the same disastrous policies that have destroyed Los Angeles from spreading to Orange County and elsewhere.

Spitzer was joined at the press conference by victims and victims’ family members from both Orange County and Los Angeles. The following individuals shared their stories and warned Orange County against electing a pro-criminal District Attorney, like Hardin or Gascon:

Patricia Wenskunas, Founder and CEO of Crime Survivors
Perla Mendoza, mother of murder victim Daniel Elijah Figueroa
Emma Rivas, mother of murder victim Christopher Beasley
Imelda Hernandez, mother of murder victim Christian Silva
Aurora Carlos, mother of murder victim Jose Benjamin Salvidres

Watch the full press conference here: https://fb.watch/aNvmfdkIp_/

During the press conference, Spitzer’s woke opponent, Pete Hardin, reached a new low by sending a mob to harass, accost, intimidate, and shout down the women, victims, and victims’ family members in attendance. Witnesses even observed Hardin’s field organizer orchestrating the mob on site.

Throughout the press conference, Hardin’s mob stood inches behind the attendees, shouted profanities and slurs in their ears, held large signs with pointed edges directly above their heads and near their eyes, and interrupted victim’s family members who were speaking.

“If the meaning of #NoLAinOC wasn’t already clear enough, Hardin’s mob tactics only help further illustrate exactly what we are trying to keep out of our community,” said Spitzer. “If you want to come at me that way, fine; I can take it and will never cave to the woke mob. But to sic a mob on women and mothers of victims is a new low for Pete, and that’s saying a lot given Hardin’s history of sexual misconduct predatory behavior.”

This is not the first time Hardin supporters and mobs have harassed and attacked attendees of Spitzer events. In May 2021, a couple was accosted and attacked while leaving a Spitzer fundraiser. The couple was specifically targeted by the mob, including with the use of anti-gay slurs, because of their sexual orientation.

Hardin challenges OCDA Spitzer to a series of public debates

Posted on January 26, 2022 by Editor Posted in 2022 Elections, Crime, Elections, OCDA, Pete Hardin, Politics, Santa Ana, Todd Spitzer Leave a comment

ORANGE – Today, Marine combat veteran and former military prosecutor, Special Assistant United States Attorney, and Deputy District Attorney, Pete Hardin, challenged opponent Todd Spitzer to a series of public debates.

“Homicides and homelessness are up double-digits since Todd Spitzer took office, so it’s no surprise that he’s trying to distract people with rhetoric about Los Angeles,” said Former Marine Judge Advocate Pete Hardin. “From his consultants on the campaign to his actions in office, he has shown himself to be Orange County’s very own Donald Trump. He is a tyrant desperate to hold onto power irrespective at any cost. Ultimately, the numbers don’t lie, but Todd does, and it’s time for him to answer for what’s happening here in this community.”

The debate challenge comes amidst Spitzer’s increasingly unhinged and Trump-style misinformation campaign. For example, Spitzer’s tactics of criticizing crime, homelessness and public safety strategies in other counties is novel given the significant increases that Orange County has experienced since he took office. According to the Department of Justice, since Todd Spitzer took office, violent crime is up with homicides surging 20% while assault with a firearm increased a whopping 30%. According to the Department of Housing and Urban Development, since Todd Spitzer took office, homelessness has skyrocketed more than 40%. According to the Human Relations Commission’s annual report, hate crimes against the AAPI community jumped more than 1800% from 2020 to 2021 alone.

Meanwhile, as Spitzer holds himself out as a savior of victims and portrays himself as tough-on-crime, an independent report found that he outed the identities and exploited victims of sexual harassment in his own office. According to the independent report, Spitzer “provided an employee’s personnel information to a reporter in May 2021, to deflect the negative evidence about his own actions during the Logalbo [sexual harassment] investigation.” Spitzer also faces a lawsuit for defaming a victim advocate and maintains the dubious distinction as the first and only DA in California history, if not the nation, to be removed from a case because of his unethical treatment of survivors of sexual assault. Those survivors said that they had been “dragged through the mud” by him.

Aside from his use of victims as political props, DA Spitzer faces a sea of scandals. An investigator he fired won his job back, with the arbitrator finding that the investigator “did what any reasonable person would do by preserving the evidence of Spitzer’s suspected criminal conduct.”

Ultimately, Spitzer’s Trump-style tactics come as no surprise given his employment of former Trump flacks and pandemic profiteers, both of whom were under criminal investigation. In fact, Spitzer even investigated one of the firms he currently employs for bilking Orange County taxpayers for millions of dollars.

Current Orange County District Attorney Republican Todd Spitzer’s tenure has been defined by scandal. Four women in Spitzer’s office have filed claims asserting Spitzer promoted an employee and close friend despite having been made aware of the sexual harassment complaints against him. Spitzer later allowed the employee, who was the best man at his wedding, to retire with top flight benefits. Spitzer also attempted to drop sexual assault charges against high-profile defendants, leading a judge to remove him from the case. Survivors of the sexual assault survivors were “dragged through the mud” and “grossly mistreated” by Spitzer for two and a half years, leading two of them to abandon their case.

OCDA Spitzer’s opponent nails him for protecting a pervert in his department

Posted on January 19, 2022 by Editor Posted in 2022 Elections, Elections, OCDA, Orange County, Pete Hardin, Pets, Politics, Todd Spitzer 2 Comments

ORANGE–Today, Marine Corps Combat Veteran, Former Federal Prosecutor, and candidate for District Attorney, Pete Hardin, made the following statement after multiple lawsuits were filed in Orange County Superior Court today alleging Todd Spitzer protected the best man at his wedding and retaliated against his victims of sexual harassment:

“This is just one of countless scandals that have turned this administration into a sideshow, but ultimately Todd Spitzer’s covering up and retaliating against victims of egregious sexual harassment exposes him for the fraud that he is. He holds himself out as a champion for victims when the cameras are rolling, but behind closed doors he protected a pervert and retaliated against multiple female victims in his own office. This is not a man that is committed to safety, service, or justice, he’s just committed to shameless self-promotion. That has come at the expense of the health and safety of this community, and the well-being of the women and men of the Orange County District Attorney’s Office.”

Spitzer has been involved in an evidence booking scandal, a jailhouse informant scandal, and has defamed a victim of OC’s deadliest mass shooting as retaliation for peaceful protest. Spitzer has also defended a DNA collection program known informally as “Spit and Acquit” that coerces defendants to give up their DNA to law enforcement, a practice the ACLU has called “unconstitutional.”

Pete Hardin is a former Judge Advocate in the U.S. Marine Corps, Deputy District Attorney, Special Assistant United States Attorney, and one of Southern California’s leading litigators running for Orange County District Attorney. Pete entered public service when, in 2005, he earned his commission as a second lieutenant in the Marine Corps. A combat veteran, Pete served in Helmand Province, Afghanistan in 2011 and 2012 as a member of 1st Reconnaissance Battalion. Pete is a member of the Democratic Party.

Orange County’s rapidly changing electorate has led Democrats to now outnumber Republicans in Orange County holding a 4.1% voter registration advantage.

OCDA Spitzer labels his opponent a predator in new campaign video

Posted on January 18, 2022 by Editor Posted in 2022 Elections, Elections, OCDA, Orange County, Pete Hardin, Politics, Santa Ana, Todd Spitzer Leave a comment

(ORANGE COUNTY, CA) – Orange County District Attorney Todd Spitzer’s reelect campaign has launched its first paid ad blitz of the cycle. The ad is titled “Predator” and exposes the agenda and background of woke criminal attorney Pete Hardin.

The ad highlights Hardin’s close connections to the woke criminal justice movement, support for pro-criminal policies, and recent bombshell revelations about Hardin’s sexual misconduct while in the military and at the Orange County District Attorney’s Office under the prior administration.

The initial ad buy is targeted to reach voters across the political spectrum and throughout Orange County televisions and mobile devices using voter matched targeting. The ad will run from now through election day across various mediums.

“Every single voter needs to know that Pete Hardin is too radical and too dangerous for Orange County,” said Orange County District Attorney Todd Spitzer. “This ad is the first major step in ensuring Hardin’s woke, soft-on-crime agenda and disturbing behavior is exposed for all the world to see.”

Alleged O.C. drug dealer told to hum in court to avoid hearing about possible murder charges

Posted on January 18, 2022 by Editor Posted in Courts, Crime, Drugs, OCDA, Orange County, Santa Ana, Todd Spitzer Leave a comment

SANTA ANA, Calif. – Orange County District Attorney Todd Spitzer issued the following statement regarding a Deputy Orange County Public Defender instructing his client to hum in open court in an attempt to avoid hearing the controlled substance advisement being given by a prosecutor warning the drug dealer that if someone dies as a result his drug-related activities he could be charged with murder:

The drug dealer was shackled as he pled guilty to possession for sale of fentanyl and methamphetamine last month.
The handcuffs on his wrists meant putting fingers in his ears wasn’t an option.
So his lawyer – an Orange County Deputy Public Defender – told the drug dealer to start humming. He had been instructed to keep humming until his lawyer gave him the signal to stop.
The deputy public defender didn’t want him to hear what the Orange County District Attorney’s Office had to say. And what my prosecutor had to say could put him on the hook for murder.
In Orange County, fentanyl-related deaths have increased more than 1,000% over the last five years.
Hundreds of drug-related deaths are still pending at the Orange County Sheriff-Coroner to determine if they too are part of the deadly drug toll.
Statewide, fentanyl-related deaths are up more than 1,500 percent since 2016 and last year the number of Americans who died in drug-related deaths topped 100,000 for the first time ever.
2022 is predicted to be even worse. Just three days into the new year – in less than two hours – Anaheim police responded to four drug-related deaths. A fifth person was in critical condition.
Last November, I announced a new policy to charge drug dealers with murder if they are convicted of selling or making drugs with fentanyl that leads to someone’s death after they have been warned of its dangers.
My prosecutors now give an advisement to anyone who agrees to plead guilty to a wide variety of drug-related offenses, including drug sales, possession for sale, and manufacturing and distributing of any controlled substance that if someone dies as a result of their future drug-related activities they can be charged with murder.
Every law enforcement agency in Orange County has agreed to provide the warning at the time of arrest so it can be used in court later.
And when a defendant is convicted or accepts a court offer, we ask the judge to give the admonishment so it is part of the official court record. Some judges do. Some judges refuse.
But we are doing whatever we can to get the message out – and save lives.
These are not overdoses. These dealers are essentially handing a loaded gun to unsuspecting victims knowing that they will probably die, and they don’t care.
Fentanyl is cheap, it’s easy to get and it’s killing people who had no idea they were taking it.
And I’m not going to let these drug dealers get away with murder.
This defendant – and his deputy public defender – don’t want to hear it.
The judge wasn’t having it, telling the public defender in no uncertain terms she was not going to allow humming in her courtroom. It was inappropriate, she scolded.
The judge let the defendant withdraw his guilty plea – and if he’s convicted, we’ll have another opportunity to read him the advisement – and put him on notice that he could be charged with murder.
You can hum all you want, but it doesn’t change the fact that drug dealers are killing people by selling them fentanyl and at some point they will face the music.

OCDA challenger Pete Hardin shatters O.C. fundraising records

Posted on January 11, 2022 by Editor Posted in 2022 Elections, Crime, Elections, Lawyers, OCDA, Orange, Orange County, Pete Hardin, Politics Leave a comment

ORANGE – Today, Marine combat veteran and former military prosecutor, Special Assistant United States Attorney, and Deputy District Attorney, Pete Hardin, announced that his campaign for Orange County District Attorney had raised over $640,000 since the campaign launched in March. The campaign has received contributions from over 2,000 individual contributors and the majority of contributions are under $100. Pete Hardin is a first time candidate facing a 25-year politician in incumbent DA, Todd Spitzer.

“The outpouring of support reflects a community that wants safety, justice, and integrity,” said former Marine Judge Advocate Pete Hardin. “Our message of a modern system of justice that’s based on data and social science instead of hyperbole is resonating with voters, but we are shattering records because Todd Spitzer has shattered the public’s trust. He spends his time going on ultra-conservative talk shows to critique prosecutors in other counties while crime and homelessness continue to rise here in OC. He is distracted, he has dropped the ball, and it’s time to end the sideshow that defines his time in office.”

Since Todd Spitzer took office, violent crime has spiked, homelessness has skyrocketed more than 40%, and hate crimes against the AAPI community have jumped more than 1800%. Furthermore, Spitzer faces at least five lawsuits for turning a blind eye to rampant sexual harassment in his office, including one lawsuit alleging he knowingly promoted a perpetrator of sexual harassment to a senior staff position. Election Day is June 7.

Orange County’s rapidly changing electorate has led Democrats to now outnumber Republicans in Orange County holding a 4.1% voter registration advantage.

OCDA Spitzer refuses to let serious and violent criminals out of prison early

Posted on January 5, 2022 by Editor Posted in Crime, OCDA, Orange County, Santa Ana, Todd Spitzer Leave a comment

SANTA ANA, Calif. – Orange County District Attorney Todd Spitzer and 27other elected District Attorneys across California have been granted a Temporary Restraining Order preventing the California Department of Corrections and Rehabilitation (CDCR) from allowing second-striker state prisoners with serious and violent criminal histories to be released from state prison after only serving 1/3 of their sentence as a result of increased credits hastily adopted by the CDCR.

The CDCR adopted “emergency regulations” dramatically increased credits to 66% for state prisoners convicted of domestic violence, human trafficking, animal cruelty and possession of weapons by individuals who have previous convictions for serious and violent felonies. Normally those credits are limited to just 20%.

“Serious and violent felons should not be given a get-out-of jail free card after serving only a third of their sentence,” said Orange County District Attorney Todd Spitzer. “These reckless policies do nothing to enhance public safety and only serve to re-traumatize the very victims who have had to endure countless court hearings to see these criminals finally sentenced to state prison only to watch them walk right back out years before they should. These are not “non-violent” criminals. These are violent felons who will be released back into our neighborhoods after being deprived of the benefit of effective rehabilitation. This is not recidivism reduction. This is perpetuating a revolving door of criminality without consequences.”

This newest “emergency regulation” comes after CDCR’s recently enacted so-called “emergency” regulations that allows for additional credits to be awarded to serious and violent felons, including credits that are not based upon completing any rehabilitation programs.

CDCR’s newest regulations provide additional good conduct credits to inmates working in fire camp related activities, but they also added additional credits to so-called “nonviolent” second strikers.

Under California law, “nonviolent” felonies include domestic violence, rape of an unconscious person, human trafficking, and assault with a deadly weapon. Second-strike inmates are individuals previously convicted of a serious or violent felony.

Unrelated to fire camp credits, CDCR also sought to increase credits to 66% conduct credits to second-strike inmates housed at a minimum-security level A or B facility – resulting in prisoners serving just 1/3 of their sentences. CDCR did so amid litigation challenging additional credits for serious and violent offenders.

In order to stop the enforcement of this newest early release “emergency regulation,” the 28 District Attorneys filed a petition for a temporary restraining order on December 22, 2021. On December 29, 2021, the Court granted the petition and issued the temporary restraining order against CDCR.

Orange County inmates who would be potentially eligible to be released after serving only one-third of their sentence as a result of this new regulation include:

Terry Hammond Williams (Case #18CF3037) – Human Trafficking

In October 2018, Williams contacted an investigator with the Orange County Sheriff’s Department on Facebook while the investigator was posing as a 16-year-old female named “Megan.” Williams learned that “Megan” and another 15-year-old girl, “Jessica” were working as prostitutes in Orange County. Williams encouraged Megan and Jessica to leave their present pimp after stealing his cash, guns and jewelry and told them that he’d come get them after he received money from them via a wire transfer. Authorities transferred the money to Williams, who traveled to an Orange County motel with a plan to pick both girls up. During the Facebook conversation and on audio calls, undercover officers told Williams very clearly that they were 15 and 16 years old.

On February 22, 2021 Williams was sentenced to eight years in state prison.

Williams has two prior strikes for felony convictions for residential burglary in 2013 and 2016.

Sergio De Rosas (Case #19NF2838) – Stalking

Over several months in 2019, De Rosas, a convicted drug dealer and gang member, repeatedly violated a domestic violence restraining order to stay away from the mother of his one-year-old son, contacting her with phone calls, texts, and showing up at locations where she was. The contacts became increasingly threatening and aggravated.

On October 20, 2019, the woman was at a laundromat with her 12-year-old daughter when De Rosas approached her, asking for his son. He threatened that he had a gun and he was going to shoot cops. The investigation later revealed hundreds of messages he sent to the woman threatening to shoot and kill her and kill as many police officers as he could.

On August 7, 2020, De Rosas was sentenced to 11 years in state prison.

He has prior convictions for robbery, possession of methamphetamine for sale, and being a felon in possession of a firearm along with gang enhancements.

Court agrees with the OCDA that DUI defendants are not eligible for diversion

Posted on December 30, 2021 by Editor Posted in Alcohol, California, Crime, Drugs, OCDA, Orange County, Santa Ana Leave a comment

SANTA ANA, Calif. – In a published opinion issued Tuesday, the District Court of Appeal agreed with Orange County District Attorney Todd Spitzer that driving under the influence (DUI) defendants are not eligible for misdemeanor diversion under newly enacted Penal Code section 1001.95 because existing law already specifically prohibits granting diversion to DUI defendants, pursuant to Vehicle Code section 23640.

“Orange County is facing a crisis when it comes to drivers driving under the influence of drugs or alcohol or both. Driving under the influence of drugs rose more than 40 percent and felony driving under the influence filings increased 25 percent during the pandemic. Anyone who gets behind the wheel of a motor vehicle after taking drugs or drinking has the potential of killing someone. That someone could be your husband or wife, your father or mother or even your child,” said Orange County District Attorney Todd Spitzer. “Prosecutors must be able to hold drunk and drugged drivers accountable – to prevent first-time offenders from becoming repeat offenders – and to be able to charge repeat offenders with murder if they get behind the wheel impaired and they kill someone. Once diversion is completed, it’s as if the crime never happened – and those prior convictions wash out despite the fact that state law allows prior DUIs to be pled and proven for up to 10 years. They couldn’t be used as a prior – and the families whose lives were shattered by an impaired driver would not get the justice they deserve. This opinion not only corrects the reckless and misguided behavior of the state Legislature and Governor Newsom, it will undoubtedly save innocent lives.”

This is the first published opinion by the Court of Appeal on the issue in the state and clarifies the limits of Penal Code section 1001.95, which gave judges broad discretion to grant diversion to misdemeanor defendants with very few exceptions. Defendants charged with driving under the influence were not specifically prohibited from a grant of diversion under the new law.

For that reason, the Orange County District Attorney’s Office along with the California District Attorneys Association (CDAA) and Mothers Against Drunk Driving (MADD) fought vigorously to defeat AB 3234 (Ting). Despite those efforts, Governor Gavin Newsom signed the bill into law, which went into effect as Penal Code section 1001.95 on January 1, 2021.

In his September 30, 2020 signing statement for AB 3234, Governor Newsom wrote that he was concerned that DUIs were not excluded from diversion eligibility by the new law and promised to expeditiously remedy the issue in the next Legislative session.

To date, it has not been remedied by the Legislature.

Misdemeanor DUI defendants immediately began filing petitions for diversion under the new law. Among those was Nancy Grassi, who was charged by the Orange County District Attorney’s Office with driving under the influence of drugs in 2019.

In February 2021, Grassi filed a motion for misdemeanor diversion under the new misdemeanor diversion law. Her request was denied after Orange County prosecutors argued Vehicle Code section 23640, which was enacted in 1998, already prohibits driving under the influence defendants from receiving diversion. Grassi sought review in the Court of Appeal.

Presiding Justice Kathleen E. O’Leary of the Court of Appeal, Fourth Appellate District, Division Three, wrote the unanimous published opinion in Grassi v. The Superior Court of Orange County, affirming that driving under the influence defendants are not eligible for court-initiated misdemeanor diversion pursuant to Penal Code section 1001.95 because Vehicle Code section 23640’s specific language – which prohibits diversion for any DUI defendant under any circumstances – still applies.

As a result, the current state of the law in California is that DUI defendants are categorically ineligible for diversion.

A copy of the published DCA opinion in Grassi v. The Superior Court of Orange County can be found here: https://www.courts.ca.gov/opinions/documents/G060362.PDF

Deputy District Attorney George Turner of the Writs & Appeals Unit argued this case.

Unlicensed O.C. insurance agent charged with more than 80 felony counts for stealing customers’ premiums

Posted on December 20, 2021 by Editor Posted in California, Crime, Fraud, Insurance, OCDA Leave a comment

ORANGE COUNTY, Calif. — Juan Carlos Martinez, 56, of Yorba Linda, has been charged with 12 counts of grand theft, 34 felony counts of forgery, 34 counts of insurance fraud, and one count of money laundering, after allegedly collecting premium payments from customers and forging bogus insurance documents he then provided to his victims as proof of insurance.

“Fraud ultimately hurts consumers and our recovering economy. These charges serve as a warning to all that insurance fraud is a crime and punishable in a court of law,” said Insurance Commissioner Ricardo Lara. “My department is dedicated to investigating and stopping unlicensed unscrupulous agents to protect California’s consumers and businesses.”

Martinez, a former licensed insurance broker, doing business as Leeds Insurance Services, Inc., allegedly embezzled more than $27,000 from customers and diverted the funds to a personal investment account where he withdrew the funds as cash. By failing to place coverage for commercial general liability insurance policies, Martinez left his victims exposed to significant financial losses and liability.

Martinez was arrested by the Buena Park Police Department at a booth in the Knott’s Christmas Crafts Village. He was booked into Orange County Jail and bail was set at $25,000. This case was investigated by the California Department of Insurance and is being prosecuted by the Orange County District Attorney’s Office. Martinez’ insurance license expired in September 2016 for failure to renew.

Consumers can check the status of an insurance agent’s license at www.insurance.ca.gov. If a consumer feels they are being treated unfairly by an insurance company or if they might be a victim of fraud, they can call the Department of Insurance’s help line at 800-927-4357 (HELP).

Garden Grove Man charged with a hate crime after punching an elderly store clerk

Posted on December 14, 2021 by Editor Posted in Crime, Garden Grove, Hate, Huntington Beach, OCDA Leave a comment

SANTA ANA, Calif. – A Garden Grove man has been charged with a hate crime in connection with repeatedly punching a 71-year-old man working in a Huntington Beach liquor store. The defendant is accused of making a disparaging remark about immigrants.

Ralph Stanford Davis III, 51, of Garden Grove has been charged with one felony count of inflicting injury on an elder adult, one felony violation of civil rights causing violent injury, and a felony hate crime enhancement. He is also charged with unlawful tampering of a vehicle for spitting at and punching the vehicle of another customer outside of the store.

Davis is scheduled to be arraigned today in CJ1. He is currently being held at the Theo Lacy Facility in Orange.

He faces a maximum sentence of seven years in state prison if convicted on all counts.

On December 12, 2021, Davis is accused of making derogatory statements about the clerk’s nationality before punching him in the face as the clerk attempted to close the store’s security gate.

“This clerk should be able to earn a living without living in fear of being randomly attacked because of his nationality,” said Orange County District Attorney Todd Spitzer. “I have made the prosecution of hate crimes a priority. My Hate Crimes Unit will do everything it can to hold these haters accountable and send a strong message that engaging in hate-motivated violence is a crime – and it will be prosecuted.”

Deputy District Attorney William Ha of the Hate Crimes Unit is prosecuting this case.

Woman charged with stealing more than $328K in merchandise from several O.C. stores

Posted on December 12, 2021 by Editor Posted in Santa Ana Leave a comment

A woman has been charged with multiple felonies for stealing items worth more than $328,000 from Nordstrom Rack and TJ Maxx stores in Orange County and attempting to resell the stolen items through a luxury item online consignment store. She also has open felony grand theft cases in Orange County and Los Angeles.

Ekaterina Zharkova, 38, of Costa Mesa, has been charged with four felony counts of grand theft, one felony count of receiving stolen property, and seven misdemeanor counts of petty theft. She faces a maximum sentence of nine years and two months if convicted on all counts in this case.

Between October 7, 2021, and November 23, 2021, Zharkova is accused of going to several TJ Maxx and Nordstrom Rack stores in Costa Mesa, Fountain Valley, and Tustin where she filled empty shopping bags from the stores with thousands of dollars of merchandise and left without paying.

She was arrested on November 23, 2021 by the California Highway Patrol’s Organized Retail Theft task force after an investigator witnessed her stealing merchandise from a Nordstrom Rack in Costa Mesa.

A search of Zharkova’s apartment revealed more than $328,000 worth of stolen merchandise.

“Shoplifting and other retail theft is out of control across California as a result of reckless laws that have made the risk far less than the potential reward,” said Orange County District Attorney Todd Spitzer. “These are not victimless crimes and if you engage in these kinds of outrageous theft schemes we’re going to arrest you, we’re going to prosecute you, and we’re putting you behind bars. I have assigned some of my most experienced investigators to work with the California Highway Patrol’s organized retail theft taskforce and the Orange County Sheriff’s Department to help protect Orange County businesses from being victimized and protect consumers from increased costs. We’re not tolerating this in Orange County.”

Deputy District Attorney Brendan Sullivan is prosecuting this case.

Anaheim man who shot up a strip club heading to prison for 11 years

Posted on December 9, 2021 by Editor Posted in Anaheim, Crime, Guns, Santa Ana Leave a comment

Juan Jose Acosta-Soto, a 20-year-old Anaheim man, pleaded guilty to four counts each of attempted murder and assault with a machine gun as well as a count of discharge of a gun at an inhabited dwelling, all felonies, and admitted sentencing enhancements for furnishing a firearm.

Two other co-defendants are still awaiting trial – Edgar Nava-Ayala and Daniel Juvenal Ocampo.

Nava-Ayala, Ocampo, and Acosta-Soto were at the Sahara Theater on October 31, 2020. Ocampo and Nava-Ayala were escorted out of the club because they refused to wear face coverings. Ocampo, Nava-Ayala, and Acosta-Soto are accused of leaving and driving back to the club with a loaded Ak-47. Nava is accused of shooting at least 15 rounds into the business, injuring two employees and a customer.

Nava-Ayala, 34, of Anaheim has been charged with three felony counts of attempted murder with premeditation and deliberation, three felony counts of assault with an assault weapon, and one felony count of shooting into an occupied building. He has also been charged with seven felony enhancements of personal use of an assault weapon and three felony enhancements of causing great bodily injury. He faces a maximum sentence of 82 years to life in state prison if convicted on all charges.

Juvenal Ocampo, 22, of Anaheim, has been charged with three felony counts of attempted murder with premeditation and deliberation, three felony counts of assault with an assault weapon, and one felony count of shooting into an occupied building. He has also been charged with seven felony enhancements of supplying a firearm for the commission of a felony. Ocampo faces a maximum sentence of 21 years to life in state prison if convicted on all charges.

Three victims at the strip club sustained gunshot wounds to the upper body. One person had to undergo surgery and another suffered a shattered left scapula.

Nava-Ayala, Ocampo, and Acosta-Soto were arrested by the Anaheim Police Department on December 17, 2020. They are currently being held at the Orange County Jail on $5 million bail each.

OCDA challenger Hardin pledges to reopen the Mater Dei hazing case if he is elected

Posted on December 2, 2021 by Editor Posted in Crime, OCDA, Pete Hardin, Santa Ana Leave a comment

SANTA ANA–Today, Former Marine Judge Advocate and candidate for District Attorney, Pete Hardin, called for additional investigation into battery, hazing and child endangerment charges and pledged to reopen the Mater Dei High School case if elected.

“The public is rightly concerned with DA Spitzer’s decision to reject police recommendations to file felony charges, and to do so without requesting further investigation,” said former Marine Judge Advocate Pete Hardin. “For a physical altercation to be considered ‘mutual combat,’ the combatants must have both participated willingly. Yet just one party escalated the altercation far beyond the ridiculous game, ‘bodies,’ causing broken facial bones and a traumatic brain injury–and only one party continued to batter the other as they stood still with blood streaming down their face. The DA’s decision not to charge the crime of hazing without any explanation also comes as a shock.

“Equally concerning to me as a parent is the lack of any investigation into Coach Bruce Rollinson for child endangerment. Rollinson admitted to being fully aware of the ongoing, violent, ritual hazing, and yet allowed it to continue. That puts every kid on this team in danger. As a parent there’s no chance I would let my son participate in a football program when the coaching staff willingly subjects the young men under their care to such an unreasonable risk of harm.

“The DA should immediately request further investigation. If he fails to do so, and if elected in June, I will review this matter to determine if charges are appropriate. Baffling decisions like these issued with virtually no explanation contribute to the crisis of faith and trust in our criminal justice and policing systems. DA Spitzer has turned the DA’s office into a black box, and that undermines effective democratic governance. We need transparency from our leaders and our public institutions.”

The OCDA says the recent violent hazing incident at Mater Dei was not a crime

Posted on December 2, 2021 by Editor Posted in Education, OCDA, Sports, Todd Spitzer Leave a comment

SANTA ANA, Calif. – Orange County District Attorney Todd Spitzer issued the following statement:

The Orange County District Attorney’s Office does not normally comment on investigations involving juveniles. However, the facts surrounding the situation that occurred in a Mater Dei High School boys’ locker room involving two teenage football players has been so erroneously reported by the media we have no choice but to correct the record and provide the accurate facts.

Neither player involved in this fight was made to participate against their will. Other players in the locker room were seen milling around, playing on their phones, and largely uninterested in the punches being thrown by two of their teammates. The participants knew they were being filmed and they started throwing punches. Some punches landed; others did not, but it is unequivocally clear that both participants attempted to land as many punches as possible.

There is not a single shred of evidence to show that this was anything other than a mutual combat situation with two willing participants who traded blow for blow, including repeated punches to each other’s heads.

That does not make it acceptable. But it is not a crime.

At no time did one of the players in the fight tell the other player to stop, even when the punches became head shots and attempted head shots. When another player said stop, both players stopped throwing punches.

Two boys on the Mater Dei football team engaged in behavior that betrays the values of youth sports. CIF, the governing body of high school sports in California, has the motto “Dedicated to developing student-athletes of character.”

What happened in the Mater Dei locker room on February 4, 2021 is nothing anyone should be proud of and it falls short of the kind of character any of us should wish for our children.

This incident has been thoroughly investigated by law enforcement and reviewed blow by blow by the most experienced prosecutors in my office to see if we could prove a crime beyond a reasonable doubt.

We cannot.

Schools must remain safe places for our children to thrive and learn – and to develop the character that we want to see in all of our children. Watching two children trade blow for blow in a locker room environment should be unsettling for everyone. It was for me.

And as the elected District Attorney of Orange County, I have and will continue to protect our children from harm. The safety of our children is all of our responsibility.

At this point, there is no evidence of hazing or any other crime that we can prove beyond a reasonable doubt.

As the Orange County District Attorney, I have and continue to be willing to review any and all information related to this incident and any incident involving potential hazing in our schools. Hazing in any form is unacceptable and if I can prove beyond a reasonable doubt that anyone – whether a player, a coach, or a school administrator – has engaged in or condoned hazing, I will hold them accountable.