Man Accused In Home Invasion, Arrested Vista Jail

Julian Johnson, 33, Accused In Carlsbad Home Invasion, Marijuana Growing

A 33-year-old man is behind bars Thursday, accused of participating in a home invasion in Carlsbad two months ago and of growing marijuana indoors with the intent of selling the drug, police said.

Julian Johnson was arrested Wednesday on suspicion of a number of robbery- and drug-related charges, according to Sgt. Mickey Williams of the Carlsbad Police Department. The arrest stemmed from the search of a residence in Oceanside earlier in the week, he said.

On Monday, Carlsbad police searched a residence in the 3100 block of Noreen Way in Oceanside and allegedly found evidence related to a home invasion robbery that occurred in the 2000 block of Avenue of the Trees in Carlsbad on Jan. 16. According to Williams, they also found an indoor marijuana growing operation, marijuana possessed for sale and other controlled substances possessed for sale.

Detectives later negotiated with Johnson, leading to his surrender and arrest on Wednesday, the sergeant said.

Johnson was arrested on suspicion of robbery, kidnapping with intent to commit robbery, residential burglary, conspiracy, possession of stolen property, possession of a controlled substance, possession of a controlled substance for sale, cultivation of marijuana, possession of marijuana for sale, and possession of a deadly weapon. He was booked into the Vista jail.

During the Jan. 16 home invasion, two men armed with handguns broke into the residence on Avenue of Trees, Williams said, adding that they fled when police arrived. One of the men was immediately found hiding in the laundry room of a nearby residence, while the other got away, according to Williams.

The first man was identified as Michael Dickson, 29. He was arrested on suspicion of robbery, kidnapping with intent to commit robbery, residential burglary and conspiracy, Williams said.

Man Arrested In Connection With Circle K Attack

SAN DIEGO — A 19-year-old man was arrested on Friday on suspicion of robbery and attempted murder after he allegedly attacked and seriously wounded a clerk at a San Ysidro convenience store with a butcher knife when the clerk tried to stop him from robbing a customer at the business.

Deputy U.S. marshals arrested 19-year-old Ruben Antonio Moreno, in Guadalajara, Mexico, on Thursday, according to San Diego police. The federal agents escorted Moreno on a flight to Los Angeles International Airport, where detectives from the San Diego Police Department Robbery Unit took custody of him, SDPD Lt. Kevin Ammon said.

Police believe Moreno, then 18, entered a Circle K Store on Dairy Mart Road shortly before 4 a.m. last Dec. 6 and threatened a clerk and a customer with a large kitchen knife before robbing the latter victim.

“The clerk attempted to intervene in that robbery, and the suspect stabbed him multiple times,” Ammon said. “The clerk suffered life-threatening injuries and underwent several hours of surgery at a local trauma center.”

The clerk, who was identified as 35-year-old Oscar Hernandez, instantly recognized Moreno’s picture.

“Yeah, that’s the guy that did his work on me,” said Hernandez.

Hernandez said Moreno stabbed him with a 10-inch butcher knife seven times, including twice in the heart and once on his face.

“I just felt in my mind this is going to be it,” he said.

Hernandez said his injuries were so severe that he has not been able to return to work.

“I can’t work,” he said. “I can’t pick up my little girl… nothing heavy.”

The husband and father of three said he had the perfect opportunity to run out of the store but then a customer walked in.

“I can’t take off,” said Hernandez. “I don’t want to leave. I’m going to put [the customer] in danger now.”

Hernandez said he then grabbed a stool and hit the robber in the back. Then, Hernandez said he slipped on the wet floor he finished mopping when the robber walked over and started stabbing him.

The two wrestled on the ground and at one point, Hernandez said he had the knife in his hand.

“I let the guy go and said, ‘You know what, I’ll let the guy upstairs take of it. I just basically have to survive,’” said Hernandez.

Emergency surgery saved Hernandez’s life but he said his road to recovery has been physically and emotionally challenging.

“I’ve been depressed sometimes I don’t know what to do,” said Hernandez. “Money wise, I get $360 every two weeks. I pay $970 here [for rent].”

Hernandez said he has been threatened with eviction twice since the stabbing because his worker’s compensation payments cover only a fraction of his family’s expenses.

Moreno was booked into county jail in downtown San Diego early Friday morning on suspicion of robbery and attempted murder. He was being held on $700,000 bail pending arraignment, scheduled for Tuesday.

La Jolla realtor gets jail for scratching babies

SAN DIEGO — A prominent La Jolla real estate agent who scratched eight babies in her neighborhood after befriending their mothers was sentenced Tuesday.

Lisa Hench, 45, was ordered to spend two years in local custody. She was ordered to turn herself in at Las Colinas Women’s Detention Center on March 18.

Smyth said Hench could serve her sentence in a work furlough program if she has a qualifying job. In that case, she would go to her workplace during the day but return to a locked facility at night. She could also continue her mental health treatment, which would not be possible in county jail, the judge said.

Hench pleaded guilty last month to eight misdemeanor counts of corporal injury on a child. She admitted scratching the children — ages 3 months to 19 months — at different locations in the fall of 2009, said Deputy District Attorney Patrick Ojeil.

Hench cried during most of the hearing. Prior to sentencing, she offered a teary apology to the parents of two of the victims, who were in the courtroom, but she offered no explanation for the attacks.

“Having my own children makes me feel even works about what I did,” she said. “I can’t imagine being in your shoes — and I was the cause of it.”

Hench said she had been in therapy ever since she was arrested.

Lainie Carswell, the mother of one of the babies, told Judge Michael Smyth that Hench befriended her so she could hold her baby and abuse her. She said she didn’t believe Hench’s apologies were sincere.

“During this 14-month process, she hasn’t shown one ounce of remorse,” Carswell said. “I’m not comfortable with her in my community.”

Smyth said that the “extraordinary level of depravity” shown by Hench’s attacks required punishment as well as psychological help. He said Hench made no effort to address her predatory behavior until she was caught.

In addition to two years in jail, Smyth ordered Hench to pay a $1,000 fine. He ordered that she have no contact with children other than her own without parental supervision and to have absolutely no physical contact with other children.

Hench is expected to serve a year of her two-year sentence, with credit for good behavior, said Patrick Ojeil. After that, the defendant will be on probation for four years.

“This is extremely bizarre behavior,” the prosecutor said. “We all want to know why she did it. We’ll never know.”

How much does it cost to get a DUI conviction?

Q: Retired Riverside City College professor Cecil Green was surprised to hear someone describe the cost of a DUI ticket as about $1,300 — and somebody else doubt it was that much.

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“The ticket is bad enough,” Green said, but there are other related, less obvious, costs. “It would do the county and people a service if you’d explain the cost of a drinking-and-driving ticket.”

A: Most of the financial impact from a DUI stems from a conviction, though the arrest will cost even if a case ends in acquittal. It’s nearly impossible to predict the cost of a conviction because many factors — including insurance premiums and attorney’s fees — vary with the individual, location and circumstances.

Here’s an idea of the hit someone’s wallet could take if they’re arrested in the state on a DUI charge.

When arrested, a person’s driver’s license is confiscated, they’re jailed and their vehicle is impounded. The bond to get out of jail before trial costs from a few hundred to a few thousand dollars, according to Insurance Information Network of California. If one doesn’t have that, using a bail bondsman generally costs 10 percent of the total bond. To retrieve a car, one must pay the cost of towing it from the arrest site to the local impound lot and pay the storage fee. Together these will cost at least $250, according to the network. To get back a license at the end of the revocation period, one must pay a $125 reissue fee to the Department of Motor Vehicles.

Court fees vary by jurisdiction. Legal websites say that hiring an attorney will cost from $500 to $10,000, depending on the case and the attorney.

Those who are convicted must pay a fine ($390 to $1,000), have their license suspended for six months and complete an anti-DUI education program at their expense. The classes cost $240 to $3,400 depending on the program and the number of offenses, according to www.shouse.law’s online guide to California DUI schools.

The DUI conviction won’t please auto insurance companies, which will raise premiums or drop coverage when one’s next renewal period comes up.

“A DUI is visible on your record for 10 years,” said Tim Gaspar, of Gaspar Insurance Services, Encino. It’s a major violation, and in California counts as two points on your driving record, he said.

Auto insurers use points to gauge how safe one’s driving is and how much to charge.

“Although the points fall off your record after three years, insurance companies do not return your good-driver discounts (typically 15 to 20 percent) until the 10 years are up,” said Gaspar, who added that a DUI will make a driver ineligible for some insurers.

Even someone with a previously perfect driving record may see their premium increase by at least 25 percent after a DUI, Gaspar said. If there is more than one vehicle or driver on a policy, the DUI can spike the rate for the whole policy, Gaspar said.

If dropped by an insurer, one must find new insurance, because the DUI conviction will require an SR-22 form, a California Proof of Insurance Certificate, with the DMV (the form costs $15 to $25).

The SR-22 means that if one drops insurance coverage, the DMV will invalidate the license.

DUI sentences vary from 96 hours to six months, depending on the number of convictions. The period of license suspension gets longer with additional convictions. An ignition interlock device could be installed to monitor a driver’s blood-alcohol level and prevent the car from starting if the level registers too high. If required, one must pay for the device’s installation ($50 to $200, according to ignitioninterlockdevice.org), monthly rental ($50 to $100 per month) and maintenance and data downloads.

It’s difficult to pinpoint how much a DUI conviction costs, but it’s likely to be far more than the $1,300 that Green’s acquaintance predicted.

By MAURA AMMENHEUSER
Special to The Press-Enterprise

DA Declines To File Charges In Seau Domestic Violence Case

SAN DIEGO — No domestic violence charges will be filed against former Chargers linebacker Junior Seau, the San Diego County District Attorney’s Office announced Friday.

Prosecutors made the decision not to bring charges against Seau after reviewing the case presented by the Oceanside Police Department.

“As with every case we review, we have an ethical duty to file charges only when we believe we can prove them beyond a reasonable doubt,” a statement released by the district attorney’s office read.Seau’s attorney, Mike Kinkelaar, issued the following statement to 10News:

“We agree with the decision made by the San Diego County District Attorney’s Office. Junior is very grateful for all the community support he has received, especially during this past week.”

Seau, 41, was arrested after his 25-year-old live-in girlfriend called Oceanside police late last Sunday, alleging that he had assaulted her during an argument. She suffered superficial injuries that did not require medical treatment, according to police.

On Monday morning about 8:45 a.m. — five hours after bailing out of jail — Seau drove his 2004 Cadillac Escalade off a road, over a 30-foot cliff, and onto Carlsbad State Beach. He was taken to a hospital, where he was treated for minor injuries.

Seau, who was conscious and alert when medics arrived after the crash, told investigating officers he had fallen asleep at the wheel. There was no immediate evidence that he was intoxicated or in a suicidal state of mind, Carlsbad Police Department Lt. Kelly Cain said.

Seau, a 12-time Pro Bowl player who established a Mission Valley sports bar-restaurant bearing his name 14 years ago, was a standout athlete at the University of Southern California.

He played for the Chargers from 1990 to 2002, the Miami Dolphins from 2003 to 2005 and the New England Patriots from 2006 to 2009.

Man In Custody Dies At San Diego Police Headquarters

SAN DIEGO — A 36-year-old man in police custody died Wednesday night at the San Diego Police Department’s downtown headquarters while being processed into jail, police said.

The death occurred about a quarter to midnight at 1401 Broadway, according to San Diego police.

Earlier in the evening, at about 7:40 p.m. Wednesday, the man was arrested on suspicion of attempting to burglarize a North Clairemont apartment after some residents tackled him and held him until police arrived, said SDPD homicide Lt. Ernie Herbert.

“The preliminary investigation has revealed the suspect was discovered in an enclosed patio area of the apartment, looking into windows,” Herbert said. “The resident of the apartment was walking home, saw the suspect on the patio and questioned what he was doing.

According to Herbert, the suspect responded by punching the resident and running away, but the resident caught up with him and other people rushed in to help hold the suspect until police arrived.

He complained of leg pains and was taken to a hospital where he was given the OK before being taken to headquarters, where he again complained of leg pains and difficulty breathing, Herbert said, adding that he died while being seen by paramedics.

“San Diego police officers did not use any force on the suspect when taking him into custody or transporting him for processing,” the lieutenant said. “The cause of (his) death is not known.”

His name was withheld pending family notification.

Arrests Made After Same-Sex Couples Denied Marriage License

4 Protesters Were Blocking Doors In County Admin. Building

SAN DIEGO — Nine people were arrested Thursday during a demonstration outside the county clerk’s office by a group demanding that same-sex marriages be allowed in the San Diego area, despite court and ballot-box setbacks that have put the issue in legal limbo.

Weddings between gay and lesbian couples in the state had been scheduled to become recognized by law again Wednesday evening. Two days earlier, however, an appeals-court decision put that prospect on hold for at least four months.

Nonetheless, several same-sex couples arrived at the bayfront San Diego County Administration Center first thing Thursday morning to demand marriage licenses as a constitutional right, and dozens of others gathered to rally in support.
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When the group of roughly 50 chanting activists was deemed an impediment to routine business at the government complex, the Sheriff’s Department sent in a team of riot-gear equipped personnel known as a mobile field force, Lt. Mike Munsey said.

The deputies ordered the protesters to disperse and gave them five minutes to do so. Those who refused were taken into custody.

The arrestees were booked at county jail on suspicion of trespassing, but they were released on their own recognizance late Thursday afternoon, 10News reported.

Proponents of same-sex marriage contend that forbidding the practice — as Californians narrowly voted to do via Proposition 8 two years ago — is unconstitutional on equal-protection grounds.

Two weeks ago, a federal magistrate came to the same conclusion. U.S. District Judge Vaughn Walker in San Francisco ruled Aug. 4 that the voter-approved initiative violated the 14th Amendment, which guarantees equal protection to all U.S. citizens.

This week, a three-judge panel of the U.S. Ninth Circuit Court of Appeals put a final decision on hold until at least December, when it plans to hold a hearing on whether it would even hear an appeal of a Walker’s ruling striking down Proposition 8.

At the scene of this morning’s protest, County Clerk David Butler stressed that this week’s appeals ruling forbade him from granting marriage licenses to same-sex couples, at least for the time being.

“It the courts say this, they’re the final say at this point,” Butler told reporters outside his office. “And that stay, unfortunately, has stopped everything (to the point) where I’m legally prohibited from issuing a license at this point.”

In his ruling early this month, Walker put the resumption of same-sex marriages on hold until 5 p.m. Aug. 18, pending any intervention by the Ninth Circuit Court of Appeals.

Attorneys for a group called ProtectMarriage.com appealed Walker’s decision and asked that a stay remain in effect until the appeal is heard.

The appellate panel, however, decided that it wanted to hear arguments about whether the opposition group has legal standing to pursue the appeal. The original defendants in the lawsuit were Gov. Arnold Schwarzenegger and state Attorney General Jerry Brown, and they have both declined to further pursue the case.

The court stated that it would schedule a hearing during the week of Dec. 6 in San Francisco.

The county clerk’s office told 10News 91 appointments were made for Thursday, with 67 marriage licenses issued and 32 marriage ceremonies performed.

Arrest Made In 1975 Massage Parlor Slaying

SAN DIEGO — Authorities announced an arrest Friday in connection with a 1975 killing at a massage parlor in a then-seedy downtown area now known as the Gaslamp Quarter.

San Diego police detectives traveled to Parchman, Miss., on Thursday to take custody of 57-year-old Leon Johnson, who had been arrested on a warrant charging him with murdering 27-year-old Luz Borrayo in 1975, San Diego Police Department Lt. Ernie Herbert said.

Borrayo’s body was found inside the Twilight Massage Parlor on Nov. 22, 1975 in the 600 block of Fifth Avenue. The victim had been beaten and strangled.

Two years ago, investigators with the SDPD Cold Case Team reopened the case and resubmitted “viable evidentiary items” to the department’s crime lab for renewed analysis. Those reviews resulted in the identification of Johnson as Borrayo’s suspected killer, according to Herbert.

Herbert declined to disclose the type of evidence that allegedly implicated the suspect.

Johnson is being held in county jail in downtown San Diego pending an arraignment scheduled for Monday afternoon.

New County Bail Policy Takes Effect

SAN DIEGO — A new law enforcement policy could land anyone caught committing a petty crime in San Diego County in jail.

The new policy started this week and it means anyone from drivers caught speeding to petty thieves will likely wind up in a jail cell. The policy is in place because another new policy freed the jails up.

Since the beginning of 2010, bailing out of jail has become cheaper because inmates now only have to pay for one of their crimes regardless of how many they were arrested for. It makes bailing out of jail more affordable.

“Doesn’t this make it easier for someone who committed all these crimes to bail out of jail?” asked 10News I-Team reporter Mitch Blacher.

“The amount to bail out would be less, yes,” answered San Diego County Sheriff Bill Gore.

“Will decreasing the amount of bail affect public safety?” Blacher asked

“I don’t think so,” Gore responded.

Gore said he sees this as an opportunity to better police the county since more people bailing out means more room in the jails.

Gore sent a letter to every police chief in the county on Monday saying in part: “Recently, the San Diego County Sheriff’s Department inmate population has decreased significantly, resulting in an opportunity to reevaluate and broaden the current booking acceptance criteria.”

“So you’re saying, ‘Let’s charge for some more crimes?’” Blacher asked “Oh, absolutely. I don’t want to have empty beds in my jail,” Gore said.

Law enforcement officers will now start arresting people more often for 32 specific crimes including, giving an officer a fake ID, excessive speeding and disturbing the peace.

Violent, repeat and serious offenders can’t get out on reduced bail, law enforcement officials said.

Please, Put Me in Jail

Last year, employees of Geo Group, a private prison corporation, contributed more than $2000 to the campaign fund of San Diego’s interim sheriff Bill Gore. Geo operates San Diego’s old downtown jail at 220 C Street, where the company houses more than 750 federal prisoners awaiting trial or transfer to a federal prison.

Documents filed with the San Diego County Registrar of Voters, as well as memos obtained under the California Public Records Act, reveal that Geo Group used San Diego lawyer Mike McDade and Geo Group’s Ken Fortier to lobby county officials in an effort to renew their lease of the downtown jail, as well as take charge of the Descanso Detention Facility.

Formerly a unit of Wackenhut Corporation, Geo Group is headquartered in Boca Raton, Florida. The rise of their influence in California has coincided with the administration of Governor Arnold Schwarzenegger.

In April 2006, the Institute on Money in State Politics issued a white paper titled “Policy Lock-Down: Prison Interests Court Political Players” that was critical of the use of private prisons. Their existence, the paper contended, was largely due to political decisions regarding crime.

McDade, an attorney with the downtown firm of Wertz, McDade, Wallace, Moot & Brower, is registered as a lobbyist in the city of San Diego but not the county. McDade once worked for former San Diego County supervisor and city mayor Roger Hedgecock. He served as chairman of the San Diego Port Commission in 1997 and has been heavily involved in redevelopment projects downtown.

Last September, McDade and Fortier lobbied April Heinze — director of the county’s Department of General Services, which oversees county leases of buildings — about renewing Geo’s lease on the downtown jail. Neither McDade nor Fortier registered as a lobbyist with the county of San Diego in 2009.

San Diego County defines a lobbyist, or legislative advocate, as “any individual who, on behalf of another individual, firm, corporation, or organization other than himself attempts to influence any County decision by contacting, personally or by telephone, any of the specified County officers or employees.”

The county does provide exemptions to this requirement, including allowing “a member of the State Bar of California who is performing a service which lawfully can be performed only by an attorney licensed to practice law in California.”

McDade’s primary focus as an attorney is government and land-use issues, and he said it was not necessary for him to register as a lobbyist with the county, citing the provision for attorneys. He added that his role in advocating for Geo Group was “sporadic,” and he considered himself only a part-time consultant for Geo.

“The county usually provides an exception for practicing attorneys working on leasing issues. My advice was focused on renewing the downtown jail lease for Geo, and I was not trying to lobby for any new lease,” said McDade.

District attorney spokesman Steve Walker said he was not sure what the exemption included nor what the penalty for failing to file would be. But David Hall of the San Diego County clerk’s office noted that “every attorney was not exempt from registering as a lobbyist due to being an attorney.”

Fortier does not fall under any county exemptions, as he is not a lawyer and does not qualify by any other county exemption standards listed by the county clerk. A former San Diego police officer, Fortier graduated from the San Diego Police Academy in 1962 and served as a patrol officer until being transferred to investigations in 1966. A year later, he was promoted to sergeant.

“He continued to climb through the ranks, earning the positions of lieutenant, captain, inspector, deputy chief and assistant chief. He left San Diego in 1992 and began employment with Riverside on Jan. 18, 1993,” wrote Lisa O’Neill in an August 17, 1997 article for the Riverside Press-Enterprise newspaper.

Fortier took over as Riverside’s police chief in January 1993. His tenure was credited with lowering the city’s crime rate and modernizing the Riverside Police Department’s organization.

But Fortier left Riverside under the cloud of repeated battles with the police union of Riverside, and in July 2000 he was appointed vice president of Geo-Wackenhut’s western region. The company announced Fortier would be based in Irvine, California, and would manage “eight current facilities and one facility under development, with a total of 6,866 beds.”

In multiple emails last summer to San Diego County staff, Fortier campaigned for Geo Group to gain control of the Descanso Correctional Facility, closed by the sheriff’s department as a cost-saving measure last June, and to renew the lease on the downtown jail. Fortier contacted Carl Harry, Real Estate Services Division project manager for the county, on several occasions. Harry often referred to Fortier as a representative of Geo Group to other county officials.

“Ken represents GEO Group in California and Nevada and is currently working with both the U.S. Marshal and with I.C.E. [Immigration and Customs Enforcement] on programs to try and provide more inmate beds in San Diego County,” said Harry in an October 12 exchange with April Heinze and Cal Fire unit chief Howard Windsor.

The California Department of Forestry and Fire Protection, usually known as Cal Fire, expressed an interest in the Descanso site. But between June and November, Fortier maintained constant contact with Harry and other members of county staff regarding the Descanso Detention Facility and the downtown jail. April Heinze acknowledged meeting with Fortier and McDade. Geo Group, which operates private prisons throughout the United States and specializes in the detainment of immigration detainees, was seeking to expand its base in San Diego through acquisition of the Descanso facility.

In September, the county decided to turn over the Descanso facility to the San Diego County Probation Department. But on November 26, the Probation Department announced it would not take the facility, citing expenses. Heinze said the Department of General Services contacted Geo Group and Cal Fire to let them know the facility was once more available. As of early this month, no decision had been made, but Corrections Corporation of America, the largest private prison corporation in the country, had also expressed an interest.

Fortier donated $500 to Sheriff Gore’s campaign on February 19, 2009, and gave a second donation of $500 on June 30. Both times he identified himself as “retired” on Gore’s campaign donation lists. Among other contributors to Gore’s campaign were Wayne Calabrese, president and chief operating officer for Geo Group; Eric Noonan, warden at Geo’s downtown facility; and Kyle Schiller, director of business management for Geo’s western region.

When asked why his employment by Geo was not disclosed on Gore’s campaign statements and why he had not registered with the county as a lobbyist, Fortier refused to comment and referred all questions to Geo Group’s corporate headquarters in Florida. Repeated calls to Calabrese or anyone in authority at Geo Group as to why they were contributing money to the Friends of Bill Gore campaign for sheriff were not returned.

According to Roman Porter of the California Fair Political Practices Commission, complying with the state’s legal requirement to disclose contributors’ true occupations is the responsibility of the campaign. A campaign has 60 days from the date of the donation to either correct the information or return the money. A December look into the campaign forms revealed no contributions returned or corrections made to Fortier’s employment status.

Repeated calls to the Gore campaign were unreturned.

By E.A. Barrera | Published Wednesday, Feb. 17, 2010

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