Violent Crimes

City of Hayward Pays Civil Settlement: Man Dead After Being Bitten by Police Dog (CA Civil Code §3342)

Even though they were searching for men that didn’t match his description – and robbery suspects at that – local law enforcement officers Loring and Cox found 89-year-old Jesse Porter instead.  On May 29, 2011, Porter was in his own yard, behind an 8-foot tall wall, when “Nicky”, Officer Cox’s well-trained police dog was commanded to leap over the barrier.  A shocked Mr. Porter was then “brutally and relentlessly mauled” by Nicky; his left leg suffered the most damage, as the dog dragged him for a ways before releasing his grasp.  After the incident, Porter’s leg worsened; in fact, he...

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Woman Hospitalized After Bayview District Hit-And-Run (CA Vehicle Code §20002)

An unnamed woman (59) sustained serious injuries after a hit-and-run on Third Street close to Revere Avenue in the Bayview neighborhood.  Local law enforcement officials are still looking for the driver of a dark sedan that drove away after the incident.  The woman who was hit was immediately sent to San Francisco General Hospital where she was treated for internal injuries; her current status is unknown. Under California law, a person may be charged with either misdemeanor hit-and-run or felony hit-and run (CA Vehicle Code §20002).  In order to be accused of a misdemeanor hit-and-run, you must have left the scene...

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Poisoned Meatballs Give San Francisco Pet Owners Cause to Worry (CA Penal Code §596)

It sounds like the beginning of a bad B-horror movie or a cruel prank.  Poisoned meatballs have evidently been left in various public areas in Diamond Heights and Twin Peaks – ostensibly with the purpose of causing serious harm to local pups and other pets.  One dog even had a close brush with death after having ingested one of these meatballs on its morning walk. No one yet knows what kind of poison will be found in the cooked meatballs – some of which were found near Crestline Drive and others at Burnett Avenue – or why someone seems to be...

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Reexamination of Evidence Leads to Prison Release of Modesto Man Convicted of Arson (CA Penal Code §451 )

72-year-old George Souliotes was convicted of arson (CA Penal Code §451 – malicious arson) and murder (under the “felony murder rule”) over 16 years ago.  Though he maintained his innocence in the incident – the deaths of three of his tenants in an apartment building he owned (6-year-old Daniel Jones, 3-year old Amanda Jones, and their mother Michelle, 31).  Witnesses in the original case testified that Souliotes harbored animosity toward the family, who he was trying to evict.  Evidence at that time included the presence of a particular chemical on his shoes and at the scene and undependable eyewitness testimony...

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Oregon University Graduate Murdered in Emeryville (CA Penal Code §187)

In mid-June, Sacred Heart Prep School and University of Oregon sociology graduate 22-year-old Aya Nakano was on his way home from a friendly game of pick-up basketball when he was involved in a fender bender on Market Street near the corner of Stanford Avenue.  His silver Jeep Cherokee was rear-ended by another silver car, a four-door sedan. The drivers of both vehicles did exactly as they should have, as all good citizens do – they exited their vehicles to speak to one another, ostensibly to exchange insurance information and to discuss the minor accident.  However, an argument of some kind...

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Paramedics Contaminated Crime Scene in Monte Sereno Millionaire Slaying

Until recently, there was really only one suspect in the November murder of Ravi Kumra, former owner in a Saratoga vineyard and entrepreneur – Lukis Anderson (26) of San Jose, whose DNA was found in the slain millionaire’s home. For months, local law enforcement officials, prosecutors, and defense attorneys alike have tried to figure out how Anderson could have been in two places at once – both black out drunk in a hospital and in the midst of murdering Kumra, whose home was far away.  New evidence suggests, however, that there is no mystery at all.  In point of fact,...

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Dying Declaration Exception Used in Suisun City Stabbing Case (CA Evidence Code §1240 – §1242)

The victim in a stabbing on Worley Road in Suisun City managed to give local law enforcement officials the name of her attacker before expiring.  After an argument on the 1300 block of Worley Road, the unnamed target was stabbed repeatedly.  Police have yet to release the name of the suspect, but are on his or her trail.This brings up an interesting legal question, namely whether or not utterances that would normally be considered inadmissible in court because they are considered hearsay could be admitted because they are “dying declarations.”According to California Evidence Code, hearsay (statements uttered by persons who...

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Assault in San Francisco Excelsior Neighborhood (CA Penal Code §240)

It could have happened to anyone.  The weekend arrives and you decide to go out for a quiet beer with some friends.  What you don’t expect is to be accosted for refusing to give someone a sip of that hard-earned beverage.  Yet, this is exactly what happened in San Francisco Excelsior neighborhood this past weekend.  A man, was standing outside of a local watering hole when he was approached by another individual, who wanted a taste.  When the beer-drinker refused, the stranger took the bottle from him, hit him over the head, and stole his cell phone.  The assailant may...

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Criminal Charges vs Mental Health: Naked Acrobat Display at San Francisco Bart Station

When 24-year-old Yeiner Garizabaldo (known as Yeiner Perez to his friends) is the name of the naked acrobat who has been charged on at least two felony counts of false imprisonment (CA Penal Code §236), a misdemeanor count of sexual battery (CA Penal Code §243.4) , and four misdemeanor counts of battery on public transportation property (CA Penal Code §240-248).  What could a young, professional acrobat have done to face such allegations?  Most of us have heard the story – Perez was in the middle of rehearsal for a show at the Stage Werx Theatre when his friends noticed that...

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DUI with Fatalities Leads to Conviction of UC Berkeley Grad Student (CA Penal Code §191.5)

25-year-old UC Berkeley graduate student, Jose Lumbreras, was speeding through a residential area near Allston Way and California Street when he crashed into a tree last year, killing his two passengers: Milanca Lopez (22) and her son (6-year-old Xavier Chavez).  At the scene, Lumbreras’s blood alcohol content was 0.219 and he had been driving at least 64 miles per hour.  Lumbreras was recently sentenced to 6 years on state prison on charges of gross vehicular manslaughter while intoxicated. Lumbreras will most likely never finish his graduate degree in ethnic studies. CA Penal Code §191.5 covers vehicular manslaughter while intoxicated. When an individual has...

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