The Sheriff's Blogger

FEDERAL JURY AWARDS OVER $36 MILLION TO COMPENSATE GOVERNMENT FOR LOSSES SUFFERED DURING 2002 COPPER FIRE

 

In First Jury Verdict of its Kind, Construction Companies Ordered

to Pay Nearly $29 Million for Losses Suffered by National Forest

US Department of Justice    

A federal jury in Los Angeles this afternoon ordered two construction companies to pay nearly $36.5 million to reimburse the government for costs associated with a massive wildfire near Santa Clarita in 2002.

    After a weeklong trial in United States District Court, the jury deliberated for about one day before ordering the Texas-based CB&I Constructors, Inc. (CB&I) and the now-defunct Merco Construction Engineers, Inc. (Merco) to pay $36,437,145.68 for fire suppression and other costs associated with the Copper Fire that scorched 18,000 acres of the Angeles National Forest in June 2002. The majority of the award – $28.8 million – was ordered to compensate the government for damages suffered by the environment. This is the largest such jury award ever in a federal firefighting cost-recovery case and the first time a jury has awarded damages for environmental harm caused by a wildfire.

    The United States Attorney’s Office last year filed a lawsuit against CB&I and Merco to recover costs associated with fire suppression, Burned Area Emergency Response (BAER) costs, future resource damage costs and environmental harms caused by the Copper Fire, which burned from June 5-11, 2002 in San Francisquito Canyon in the Angeles National Forest.

    Merco was the general contractor hired by the Newhall County Water District to construct four steel water reservoirs needed for a planned community housing project in Santa Clarita. Merco awarded a subcontract to CB&I to construct the steel water reservoirs. An employee of CB&I started the Copper Fire when hot metal sparks and slag thrown from his electric grinder landed in nearby grass and brush. The fire then spread to the Angeles National Forest, about half a mile away. The government alleged that CB&I caused the fire through its employee's negligence in directing the sparks from his grinder toward a hillside that was covered in dry brush. The lawsuit also alleged that Merco's negligence allowed the fire to be set because a Merco employee who was supposed to water down the construction site to prevent fire failed to adequately perform that task.

    Today’s jury verdict ordered CB&I and Merco to pay $6,592,664.16 for the cost of fire suppression; $528,840.52 for BAER costs; $515,641 for future remedial work such as replacing burned signs and markers; and $28.8 million for environmental damages to San Francisquito Canyon and its watershed. The eight-person jury unanimously determined that CB&I was 65 percent liable and that Merco was 35 percent liable.

    “The jury clearly appreciated the value of the Angeles National Forest and understood the severe damage caused by the fire,” said Acting United States Attorney George S. Cardona. “As a result of the fire, both the wildlife of the forest and its human users are faced with issues that include increased erosion, increased risk of future fires and the loss of the use of the forest by the public. In addition, irreparable harm was done to the habitat of the threatened Red-legged frog and the historic Hazel Dell Mining Camp.”

    The United States Forest Service and the United States Geological Survey provided substantial assistance during the investigation and litigation of this case.

DRUG DEALER CONVICTED OF SHOOTING AND MURDERING MAN THROUGH CAB WINDOW AFTER VICTIM STOLE COCAINE AND ATTEMPTED TO FLEE

September 30, 2009

Orange County District Attorney's Office

SANTA ANA - A Santa Ana drug dealer was convicted today of shooting and murdering a man through the window of a cab after the victim stole cocaine from the defendant and attempted to flee. Guadalupe Serna, 29, Santa Ana, was found guilty by a jury of one felony count of first degree murder with a sentencing enhancement for the personal discharge of a firearm causing death. He faces a maximum sentence of 50 years to life in state prison at his sentencing on Nov. 13, 2009, at 9:00 a.m. in Department C-40, Central Justice Center, Santa Ana.

On Jan. 20, 2005, Ryan Todd was released from jail in Orange County after being incarcerated for stealing his uncle's car. The victim, who had a history of using narcotics, was driven in a cab to meet his mother at a Costa Mesa hotel. His mother planned to then send him to a drug rehabilitation clinic.

Instead of going to the hotel as planned, the victim instructed the cab driver to take him to Walnut Street in Santa Ana with the intention of obtaining cocaine. When the cab reached Todd's destination on Walnut Street, the victim got out of the car. The victim stole cocaine from Serna, a drug dealer, and then ran back to the car yelling "Go, go, go!" as Serna chased him.

As the cab pulled away, Serna pulled out a firearm and fired several shots at the window, shattering the glass. Serna hit Todd one time with a bullet to the torso. The cab driver drove Todd to the hospital, where he died. The victim had become a new father just three weeks earlier.

Responding police officers found cocaine on the seat where Todd had been sitting in the cab. The cab driver led police back to the scene of the crime, where they collected evidence, including beer bottles that had been left on the street.

Approximately two months later, Serna was arrested for a drug related charge and was found to be in possession of a firearm, which was later matched to the firearm used in the murder of Todd. Subsequently, Serna's DNA was taken and matched to the DNA on the beer bottles found at the scene.

Senior Deputy District Attorney Larry Yellin of the Homicide Unit is prosecuting this case.

JUSTICE DEPARTMENT FILES LAWSUIT ALLEGING AUTO LENDING DISCRIMINATION IN LOS ANGELES

US Department of Justice

Alleges Bank and Two Automobile Dealers Discriminated Against non-Asian-Americans

 WASHINGTON – The United States has filed a lawsuit alleging that a bank and two automobile dealerships in Los Angeles violated the Equal Credit Opportunity Act by charging non-Asian-American customers higher interest rate mark-ups for a period of at least two years, the Justice Department announced today.  Nara Bank, one of the three defendants, has agreed to pay up to $410,000 to resolve the allegations against it.

 The department’s complaint, filed in federal court in Los Angeles, alleges that Nara Bank and two dealerships, Union Mitsubishi and Han Kook Enterprises, charged higher dealer overages (aka interest rate markups) on car loan interest rates to non-Asian-American customers, many of whom were Latino, than to similarly-situated Asian-American customers.  In the auto industry, it is common practice for banks and other lenders to set a base interest rate or “buy rate” and then for the auto dealership to “mark up” the interest rate to the final rate on the loan for the car.  The complaints allege that the defendants charged non-Asian-American customers higher interest rate mark-ups than similarly situated Asian-American customers from at least 2004-2006.

The settlement between the Justice Department and Nara Bank is in the form of a partial consent decree filed in conjunction with the complaint.  Under the agreement, which remains subject to court approval, Nara Bank is prohibited from discriminating on the basis of race or national origin in any aspect of its automobile lending.  The case against Union Mitsubishi and Han Kook Enterprises has not been resolved.

“Every individual deserves the comfort of knowing they can pursue credit without fear of discrimination based on their race or national individual.  Our nation’s civil rights laws were created to combat this kind of discrimination,” said Loretta King, Acting Assistant Attorney General for the Civil Rights Division.  “The Civil Rights Division vigorously enforces federal laws that prevent discrimination in credit and lending services.  We commend Nara Bank for working cooperatively with the Justice Department in reaching an appropriate resolution.”

Nara Bank is not currently in, and has no plans to re-enter, the business of automobile lending.  Under the partial consent decree, Nara Bank will pay up to $410,000 to non-Asian-American customers who were charged higher overages or markups than similarly-situated Asian-American customers and will continue to invest at least $100,000 per year in consumer financial education efforts.  If Nara re-enters the business of consumer automobile lending, it will implement clear guidelines for dealer overages; monitor dealerships within its automobile lending network to ensure that all customers are treated equally in the terms of automobile loans; and enhance its existing fair lending training program.  

This case resulted from a referral by the Federal Reserve Board. A copy of the complaint against Nara Bank, Union Mitsubishi and Han Kook Enterprises and the consent order between the United States and Nara Bank, as well as additional information about fair lending enforcement by the Justice Department, can be obtained from the Justice Department Web site at http://www.usdoj.gov/fairhousing.

SERIAL DRUNKEN DRIVER INDICTED FOR KILLING MAN BY PINNING HIM BETWEEN TRUCK AND WALL WHILE UNDER THE INFLUENCE OF ALCOHOL

September 30, 2009

SANTA ANA - A drunken driver with three prior convictions for driving under the influence of alcohol was indicted yesterday for killing one man and injuring another after causing a car crash in Santa Ana, pinning one pedestrian victim between his car and a block wall. Joel Torrejon Miranda, 41, Santa Ana, was indicted by the grand jury on one felony count of gross vehicular manslaughter while intoxicated with prior convictions and a sentencing enhancement for fleeing the scene of a vehicular manslaughter. The defendant has three prior convictions for driving under the influence in 1995, 1997, and 2004. He faces a maximum sentence of 20 years to life in state prison if convicted and is being held on $1 million bail. Miranda was arraigned on the indictment today and is scheduled for a pre-trial hearing on Oct. 23, 2009, in Department C-39, Central Justice Center, Santa Ana.

The Orange County District Attorney (OCDA) charged Miranda in March 2009, and received a superseding indictment yesterday, Sept. 29, 2009. The OCDA released a press release in March 2009 with the following information regarding the crime:

At approximately 7:15 p.m. on Feb. 1, 2009, Miranda is accused of driving under the influence of alcohol southbound on Newhope Street in Santa Ana in his Chevrolet pick-up truck with two female passengers. He is accused of suddenly making an unsafe left turn across the northbound lanes in front of oncoming traffic. Victim Nguyen Tran, 36, was driving northbound on Newhope Street in his Mercedes-Benz sedan and hit his brakes but was unable to stop in time to avoid colliding with Miranda's truck. Tran's car came to a stop and he called 9-1-1.

After crashing into Tran, Miranda's truck went up the curb. Miranda is accused of hitting 44-year-old pedestrian Francisco Aquino with his truck, pinning the victim between the truck and a block wall. Miranda is accused of fleeing the scene, leaving his two female passengers seated in the vehicle.

Officers from the Santa Ana Police Department arrived and found several opened beer containers on the floor of the cab and bed of the truck. Aquino was transported to UCI Medical Center with severe head injuries. He died on Feb. 3, 2009. Tran suffered minor injuries to his arm and back.

Officers located Miranda at his home approximately 40 minutes after the crash. The defendant is accused of displaying objective signs of alcohol intoxication including emitting a strong odor of alcohol, slurring his speech, having bloodshot and watery eyes, and staggering as he walked. At approximately 8:50 p.m., more than an hour and a half after the crash, Miranda is accused of having a blood alcohol level of .23 percent, almost three times the legal limit.

Deputy District Attorney Jason Baez of the Homicide Unit is prosecuting this case.

MAN CONVICTED OF STABBING TWO MEN HE DID NOT KNOW IN MOVIE THEATER DURING HORROR FILM

September 29, 2009

Orange County District Attorney's Office

FULLERTON - An Anaheim man was convicted today of stabbing two men he did not know during a horror movie at a theater in Fullerton. Steven Walter Robinson Jr., 26, was found guilty by a jury of two felony counts of attempted murder with premeditation and deliberation, two felony counts of mayhem, and sentencing enhancements for the personal use of a deadly weapon and causing great bodily injury. The defendant, who was indicted on July 31, 2008, by the grand jury, faces a maximum sentence of life in prison at his sentencing on Dec. 11, 2009, at 9:00 a.m. in Department N-10, North Justice Center, Fullerton.

At approximately 6:00 p.m. on Feb. 24, 2008, Robinson bought a ticket for the horror movie "The Signal" at the AMC Theatre at 1001 South Lemon in Fullerton. The defendant was wearing dark clothing and sunglasses inside the theater. A theater manager asked security to watch the defendant after noticing that Robinson appeared agitated and aggressive when asked to show his ticket. The theater security guard observed the defendant carrying a container of alcohol and asked Robinson to put it in his car. The defendant left the theater.

Approximately 10 minutes later, Robinson re-entered the theater and approached the concession cashier to ask if anyone had seen or turned in a "baggie." He was informed that nothing had been found. The security guard then observed Robinson carrying an AMC cup, which he suspected might contain alcohol. Robinson refused to remove the lid of the cup to show its contents to the security guard. After being informed that he would not be permitted to see the movie without complying with security, Robinson got a refund for his ticket and again left the theater.

Shortly thereafter, a box office cashier called the manager to report that a bag of hallucinogenic psilocybin mushrooms had been turned in to the box office. The manager contacted the Fullerton Police Department, who sent officers to the scene in response.

At approximately 7:20 p.m., Robinson sneaked back into the theater. While checking the theater where "The Signal" was playing, the security guard noticed Robinson as one of four people watching the movie. He returned to the lobby to inform the manager and police, who had arrived in response to the call related to the bag of drugs.

While officers were in the lobby, Robinson got up from his seat and approached Julio Sanchez, 38, carrying a double sided knife-hammer weapon. Robinson attacked the victim by stabbing him five times in the head, arm, chest, and knee. The defendant continued to stab and slash at Sanchez until the victim was able to run into the lobby and escape.

Robinson then approached Eloy Uresti, 65, and began to stab him in the arm as the victim attempted to protect his face. The victim attempted to crawl away, but Robinson followed. Robinson hit the victim in the head with the hammer end of the weapon and continued to attack Uresti until hearing the police officers enter the theater. The officers had been in the lobby when Sanchez ran from the theater covered in blood. Robinson fled the scene through an exit into the parking lot. The two victims did not know each other or the defendant.

Victim Sanchez suffered a permanent loss of mobility in his arm. Victim Uresti suffered nerve damage. Both victims explained that the attack affected their ability to work and participate in activities that they had previously enjoyed.

After the attempted murder, Robinson fled to his brother's Las Vegas, NV, apartment to hide. He was arrested on March 7, 2008, on a $500,000 warrant and was brought back to Orange County.

Subsequent investigation revealed that the defendant was in possession of several books on the topic of serial killers and the torture and murder of their victims. The defendant's home computer contained MySpace postings from him to friends about killing and mass murder. Robinson used the screen name "psychokiller666."

Deputy District Attorney Andrew Katz of the Special Prosecutions Unit is prosecuting this case.

LOS ANGELES SHERIFF'S DEPUTY SENTENCED FOR INJURING TWO IN CRASH WHILE DRIVING UNDER THE INFLUENCE

September 30, 2009

The Orange County District Attorney's Office

SANTA ANA - A veteran of the Los Angeles County Sheriff's Department was sentenced today for injuring two people after crashing into their car while driving under the influence of alcohol. Robert Andrew Moran, 43, Buena Park, pleaded no contest on Feb. 27, 2009, to one misdemeanor count of driving under the influence causing injury and one misdemeanor count of driving with a blood alcohol level of .08 percent or more causing injury. He was sentenced to six months in jail and three years of informal probation. He was ordered to complete a 3-month first offender program and face the Mothers Against Drunk Driving panel.

At approximately 5:25 a.m. on June 29, 2008, Moran was driving southbound on Beach Boulevard in Stanton in a Los Angeles County Sheriff's Department issued Chevrolet sport utility vehicle. He was impaired while under the influence of alcohol and had a blood alcohol level above the legal limit of .08 percent. In the intersection of Beach Boulevard and Garden Grove Boulevard, he crashed into the driver's side door of a Mazda sedan. The driver, Elias A., 33, and his female passenger, Savanah K., 20, were both rendered unconscious and transported to a local hospital. At the time of the crash, Elias A. was in possession of and tested positive for methamphetamine. He also tested positive for benzodiazepines and opiates.

Deputy District Attorney Keith Bogardus of the Special Prosecutions Unit prosecuted this case.

LAW ENFORCEMENT SEEKS PUBLIC'S HELP LOCATING FUGITIVE CHARGED WITH MOLESTING 9-YEAR-OLD GIRL AND THREATENING TO KILL 15-YEAR-OLD SISTER IN LATE NIGHT HOME BREAK-IN

September 25, 2009

ORANGE - The Orange County District Attorney and Orange Police Department are seeking the public's help in locating a fugitive charged with sexually assaulting a 9-year-old girl and threatening to kill her 15-year-old sister after breaking into their home in the middle of the night through a bedroom window. Ernesto Parraguirre, 20, Anaheim, is charged with one felony count each of sexual penetration of a child 10 years or younger, lewd acts on a child under 14, criminal threats, and a sentencing enhancement allegation for committing a sexual offense in the commission of a residential burglary. If convicted on all counts, the defendant faces a minimum sentence of 25 years to life in state prison. A $1 million warrant has been issued for his arrest.

At approximately 5:00 a.m. on Sept. 16, 2009, Parraguirre is accused of breaking into a home in Orange by removing a screen from a bedroom window and climbing through. He is accused of entering the bedroom where 9-year-old Jane Doe #1 was sleeping with her sister, 15-year-old Jane Doe #2. The victims do not know the defendant. The victims' parent was sleeping in a nearby bedroom. Parraguirre is accused of getting into the bed with Jane Doe #1 and sexually assaulting her. Jane Doe #1 woke up and began to cry, waking her sister. Parraguirre is accused of threatening to kill Jane Doe #2 if she said anything. The defendant then fled the scene.

Parraguirre is a documented Orange County Hispanic criminal street gang member. He is described as 5'6", 160 lbs., with black hair and brown eyes. The fugitive may be hiding in Orange or Riverside County. He drives a green 1996 Honda Civic with California license plate #3SRL033. Anyone who sees Parraguirre should not attempt to contact him and should call 9-1-1.

Anyone with information regarding Parraguirre's whereabouts or who believes they have been a victim is encouraged to contact Orange Police Detective Jeremy Smith at (714)744-7444 or Supervising District Attorney Investigator Randy Litwin at (714) 347-8794.

Deputy District Attorney Robert Mestman of the Sexual Assault Unit is prosecuting this case.

HUSBAND OF 50 YEARS TO BE ARRAIGNED FOR ATTEMPTING TO MURDER WIFE BY SHOOTING HER IN THE HEAD WHILE SHE WAS NAPPING

September 21, 2009

The Orange County District Attorney's Office

NEWPORT BEACH - A husband of 50 years is scheduled to be arraigned for attempting to murder his wife by shooting her four times in the head and once in the wrist while she was napping. Kenneth Joseph Leake, 75, Costa Mesa, is charged with one felony count of attempted murder and one felony count of elder abuse. The defendant is also charged with sentencing enhancements for the personal use of a firearm, personal use of a deadly weapon, personal discharge of a firearm, personally inflicting great bodily injury, and personally inflicting great bodily injury to an elder. If convicted, Leake faces a maximum sentence of 60 years to life in state prison. The defendant is being held on $1 million bail and is scheduled for a continued arraignment on Friday, Oct. 16, 2009, at 9:00 a.m. in Department H-1, Harbor Justice Center, Newport Beach.

On Sept. 17, 2009, at approximately 12:00 p.m., Leake is accused of shooting his 72-year-old wife, Jane Doe, five times while she was napping inside their Costa Mesa home. The defendant is accused of shooting her four times in the head and shooting her once in the wrist using a .32 caliber handgun. Neighbors called 9-1-1. Costa Mesa Police Department (CMPD) officers arrived at the scene and had Jane Doe transported to Western Medical Center to be treated for her injuries. The victim is stable and expected to survive.

Leake was arrested by CMPD officers outside of their home. CMPD recovered the .32 caliber handgun from the dining room table.

The investigation is ongoing and being investigated by the CMPD Detective Bureau. Anyone with additional information is encouraged to contact District Attorney Investigator John Beerling at (949) 975-8117. Deputy District Attorney Heidi Garrel of the Family Protection Unit is prosecuting this case.

FORMER HUNTINGTON PARK POLICE SENTENCED TO 15 YEARS IN FEDERAL PRISON FOR STEALING DRUGS, SELLING FOR PROFIT

Department of Justice

    A former Huntington Park Police Officer who for a time worked on federal drug trafficking investigations was sentenced today to 15 years in federal prison for stealing cocaine, methamphetamine and marijuana from narcotics dealers and then selling the drugs for personal profit.

    Sergeant Alvaro Murillo, 45, of West Covina, who was called El Padrino (The Godfather) by his co-conspirators, was sentenced late this morning by United States District Judge Stephen V. Wilson.

    The sentencing follows a trial in May in which a federal court jury found Murillo guilty of two drug conspiracies, one count of extortion and one count of submitting a false tax return. The evidence at trial showed that Murillo orchestrated six thefts, which yielded him nearly 700 pounds of marijuana, four pounds of methamphetamine and well over 10 pounds of cocaine. Murillo attempted a seventh theft of 30 kilograms of cocaine – “the big one,” as he called it – but that was not successful because the target was an undercover federal agent who was posing as a drug dealer. Sentencing papers filed by the government argued that Murillo was involved in additional drug thefts not discussed at his trial.

    From late 2002 through the fall of 2006, Murillo worked with informants – who sometimes called themselves the “black tactic group” – to identify drug dealers from whom they could steal narcotics. Once a target was identified, Murillo checked law enforcement databases to obtain information about the dealer and to make sure there were no legitimate investigations into the target. After planning the thefts, the informants would trick the drug dealer into turning over narcotics or otherwise cause the drug dealer to leave without payment, often with Murillo in the area to act as backup. Once they had secured the narcotics, Murillo and the people involved in the thefts made arrangements to store and then to sell the stolen drugs. Testimony at trial showed that Murillo typically demanded to receive the sale of drug proceeds in cash, and the jury heard evidence that he received training on money laundering tactics used by narcotics traffickers.

    This case was investigated by the Drug Enforcement Administration's Office of Professional Responsibility and IRS-Criminal Investigation. The Huntington Park Police Department provided assistance during the investigation.

90-YEAR-OLD RETIRED MEDICAL DOCTOR CHARGED WITH MANSLAUGHTER AFTER SHOOTING AND KILLING 88-YEAR-OLD TERMINALLY ILL WIFE

September 21, 2009

Orange County Attorney's Office

SANTA ANA - A 90-year-old retired medical doctor was charged today for shooting and killing his 88-year-old terminally ill wife. Dr. James Clyde Fish, Laguna Woods, has been charged with one felony count of voluntary manslaughter with a sentencing enhancement for the personal discharge of a firearm. If convicted, he faces a maximum sentence of 21 years in state prison. Fish is being held on $100,000 bail. He remains in the hospital due to a self-inflicted injury. Court date and time is to be determined.

On Sept. 20, 2009, at about 1:30 p.m., Fish is accused of giving his wife morphine. He is accused of failing to kill her in his first attempt when the firearm did not fire. The caregiver in the house, hearing a click from the next room, took the firearm away from the defendant and called 9-1-1. As the Orange County Sheriff's Department deputies responded, Fish is accused of shooting and killing his wife with a single gunshot to the head using a different firearm. He then shot himself in the head. He remains hospitalized recovering from his injuries.

Senior Deputy District Attorney Ebrahim Baytieh of the Homicide Unit is prosecuting this case.