San Diego Criminal Attorney Blog

Sergeant Walter McWilson, 37, quoted as a rising star within the Oceanside Police Department, was arrested on suspicion of knowingly receiving fraudulently purchased goods totaling an estimated $54,000 for home improvements which included wood flooring, flat screen TVs, and recording studio equipment. He pleaded not guilty at his arraignment on Thursday, November 12, 2009 in Vista Superior Court to six counts of grand theft, seven counts of receiving stolen property, and one count of conspiracy. McWilson is being held on bail for $150,000 and has a calendared preliminary hearing on December 1, 2009. According to Prosecutor Anne Winn, if he is convicted, McWilson could face up to five years in prison on top of losing his badge.

The investigation began in 2008 with a Murrieta woman, Aimee Rich, who was suspected of embezzling company money from the Oceanside construction company, Royal Pacific Construction. The company's credit card statements revealed that Rich had made several unauthorized purchases at stores like Home Depot and Lowes for herself amounting to nearly $60,000. The District Attorney's Office later revealed that McWilson had had a romantic relationship with Aimee Rich during the time she was employed as the office manager for the construction company. Aimee Rich has plead guilty this past month to felony embezzlement and has been cooperating with prosecutors on McWilson's case. Rich claims that McWilson was aware of her making the illegal purchases and even requested her to buy him many expensive items. So far, McWilson has only admitted to receiving some items as gifts from Rich, but denies knowing that they were purchased illegally.

Fellow officers have expressed great shock at the latest charges and described him as "an up-and-coming sergeant who was passionate about serving the community." McWilson holds a bachelor's degree in criminal justice and was currently working on his master's degree. Captain Aguigui affirmed that, "There was no indication whatsoever [of this activity]. We saw him as a rising star."

Continue reading "OCEANSIDE POLICE SERGEANT PLEADS NOT GUILTY TO GRAND THEFT CHARGES" »

CARLSBAD: Two men, Alan Espiritu, 35, and Cesar Moreno, 40, were arrested on Tuesday on November 3, 2009 for alleged grand theft and securities fraud. They pleaded not guilty to charges during an arraignment held on Thursday, November 5, 2009 in San Diego Superior Court.

They are accused of operating a fraudulent investment company, called Permex with offices located in Vista and Carlsbad. Their target clients were mostly non-English speaking Hispanics, 25 of which, have come forward so far to report net losses of a whopping $1.2 million combined. According to police, one of Espiritu and Moreno's tactics would be to befriend these victims on a personal level. They would often attend family functions, even weddings to gain their trust and then aggressively persuade the victims to invest money with Permex to fund non-existent projects such as, "building development, house-flipping, and commercial investments," with the promise of returns up to 25 percent.

The investigation began with a tip given to the Carlsbad police back in May 2008. They have currently mapped out a web of victims dating back to 2001 that spans throughout southern California. Specific counties affected have been Los Angeles and Riverside counties, as well as here locally in San Diego which specifically include Fallbrook, Valley Center, and Chula Vista. Carlsbad police spokeswoman, Lynn Diamond, further elaborated that in some the cases, these undocumented immigrants were advised to stop making payments on their home mortgages and use that money to invest with Permex. Many ended up losing their homes on top of the lost investments. Evidence also estimates that these victims lost between $10,000 and $200,000 a piece. Police do believe there are still additional victims that have yet to come forward.

Continue reading "San Diego Investment Fraud Scheme Uncovered" »

Following a whopping total of 21 arrests in San Diego County from over the weekend, Border Patrol agents arrested another 20 suspected illegal immigrants at approximately 5:00 a.m. this morning from a boat attempting to dock ashore Beacon's Beach in Leucadia, according to San Diego Sheriff's Lt. Julie Sutton. There was also a report from deputies that an unidentified man was seen waiting nearby with a van. Whether this man was connected to the incident or was arrested is unknown at this time.

Source: City News Service

A decision was reached on Tuesday, October 27, 2009, that Raymond Lewis Firth, 38, a former teacher at Pacific Rim Elementary School in Carlsbad, California will stand trial on January 12, 2010 to face multiple charges of committing lewd acts with three minors younger than 14 during the 2006-07 and 2007-08 school years.

In a statement given to the San Diego Union Tribune by Torrie Norton, the Assistant Superintendent for personnel at the Carlsbad Unified School District, Firth was placed on paid administrative leave on September 7, 2007, when allegations first surfaced. He officially resigned his teaching position with the District on October 19, 2007.

According to Deputy District Attorney Kelly Mok, Firth was called to Vista Superior Court on Tuesday where he submitted a plea of not guilty and posted bail of $450,000. He is currently at liberty until his trial date in January 2010.

If Firth is found guilty on all counts, he could face up to 18 years in state prison stated DDA Mok. Firth is currently represented by Criminal Attorney Robert Boyce.

Continue reading "Child Molestation Trial set for Former Carlsbad Teacher" »

San Diego Marine, James Lewis Charles, is set to face trial to defend himself against multiple allegations of child abuse raised by the San Diego District Attorney's Office. In a contested hearing known as a Preliminary Hearing, Judge Leo Valentine of the San Diego Superior Court found enough evidence was presented by the prosecution so that Mr. Charles will likely face a trial. Defense attorney Vikas Bajaj, who represents Mr. Charles, aggressively attacked the prosecution's witnesses and medical evidence. He voiced grave concerns to the court regarding the qualifications of the prosecution's expert witnesses and raised serious questions surrounding the allegations. He stated he plans to present a qualified medical expert to contest the medical conclusions reached by the prosecution's witness. A future court date of June 17, 2009 has been set to determine a trial date.

A research study conducted by the Automobile Club of Southern California's Steven Bloch revealed that the number of young female drivers involved in serious substance-related crashes has risen steeply since 1998. Bloch said that in San Diego County, intoxicated drivers between ages 21 and 24 saw the largest increase in fatal and injury crashes, up 124% from 1998.

In one 2007 case, a 23-year-old woman was charged with driving under the influence of alcohol and methamphetamine in a head-on crash that killed four people. She is currently awaiting trial on four counts of murder in connection with the crash.

Most people do not know that when the police have a reasonable suspicion that a crime has been committed and that there was a DUI for drugs or a DUI because alcohol might have been involved they may demand that you take a chemical test to determine if you were under the influence at the time you were driving. If you refuse, then the DMV may suspend your license for one year. An attorney from Pro Law Partners may be able to attack the refusal on several grounds. If, after a hearing, the DMV believes that in fact there was not a "valid" refusal, then your license will not be suspended.

The would-be robber who was killed in a shootout after he tried to rob an employee and shop owner at gunpoint had a criminal record that included drug and gun offenses. Court records show Michael Watkins Jr., 26, had been convicted of three felonies and spent much of his time in jail, on probation or in drug rehabilitation.

Continue reading "Robber Killed in San Diego Shootout Had Prior Offenses " »

Manoj Motwani, 40, who pleaded guilty last month to misdemeanor charges of battery on his girlfriend was sentenced last week to probation and ordered to enroll in a domestic violence program.

Motwani, who founded the La Jolla Alpha Laser Center was placed on three years probation and ordered to make restitution to Antonia Quast and pay $8,000 to a domestic violence shelter or other nonprofit organization. The laser surgeon said the community had been supportive throughout the ordeal and that his medical license is unaffected by the criminal case.

Until recently, domestic abuse and domestic violence crimes could be prosecuted even if the alleged victim was unavailable or uncooperative. The United States Supreme Court recently ruled that practice violated a defendant's Sixth Amendment right to confront one's accuser. If we are contacted immediately, we can negotiate with police and prosecutors on your behalf. Our defense tactics are aimed at getting felony charges bumped down to misdemeanor charges or getting the case rejected for prosecution.