Recent Blog Posts
Raid at Watsonville warehouse results in pot charges
Law enforcement claims that the Watsonville marijuana bust is one of the largest pot busts in years. Law enforcement reportedly seized dozens of bags of marijuana and $67,000 in cash at the warehouse. On Nov. 16, a 30-year-old man that law enforcement claims lived at the warehouse was taken into custody, along with a 25-year-old Santa Cruz man.
Law enforcement says the marijuana found inside the warehouse amounted to more than 130 pounds, with an estimated street value of more than $1 million. The two men have been arraigned on felony charges of possession of marijuana for sales, cultivation of marijuana and sales of marijuana. A separate arraignment was set up for the 30-year-old Watsonville man on other offenses, including driving with a suspended license.
The Santa Cruz man reportedly bailed out of custody, while the Watsonville man reportedly continues to be held on $105,000 bail.
Law enforcement suggests further arrests may be made in the future in relation to the marijuana bust. Although law enforcement does not suggest any information that would indicate who may be suspected as being linked to the allegations, it is safe to assume authorities will cast a wide net in an attempt to identify and prosecute anyone involved in this alleged drug operation.
Prosecutors now seek murder charge in alleged meth breast-milk case
Prosecutors are now seeking murder charges against a Northern California woman whose son died last November due to "methamphetamine toxicity," according to a report in the Times-Standard. In July, the woman appeared in court for a preliminary hearing to defend against an involuntary manslaughter charge.
The judge reportedly ruled that the state had sufficient evidence to support the manslaughter charge. However, prosecutors recently refiled the case charging the woman with murder, claiming that the evidence presented during the preliminary hearing showed the mother acted with "implied malice" when she breast-fed her child after allegedly smoking methamphetamine.
The woman is now vigorously defending against the murder charge arguing that there is no evidence that she acted with a conscious disregard of a danger to human life. Implied malice murder charges are complicated animals under California law.
This blog has previously discussed implied malice murder charges in the context of driving under the influence cases. A so-called "Watson murder" in the context of felony DUI charges is occasionally sought by California prosecutors when there is evidence that the accused knew of the danger to human life based upon prior DUI convictions. Last November, this blog reported the story of a so-called Watson murder DUI case where the jury deadlocked on the second degree murder charge, resulting in a mistrial. The moniker "Watson murder" is derived from prior California case law.
Visalia police arrest four men after search for alleged burglars
Authorities say that a law enforcement investigation into a string of California burglaries led to a number of recent arrests on a variety of charges, including allegations of gang involvement. One man was arrested on attempted burglary and conspiracy charges. Three other men reportedly were later arrested on weapons charges with allegations of gang enhancements.
Apparently, Visalia police responded to a call reporting suspicious activity. Police say the report claimed four men were attempting to break in to a backyard in Visalia. Law enforcement claims a medical marijuana grow was located on the property. News reports do not suggest the marijuana grow was illegal under California law.
A parole agent reportedly was in the same area around the same time. The parole agent claims to have seen the men drive away from the Visalia property. The parole agent claims the men stopped, but fled when the parole agent confronted the four men.
Proposal written to reform California's three strikes law
Critics say reform to the California three strikes law is necessary as life sentences have been imposed for minor crimes, including theft crimes alleging such minor offenses as stealing a pair of socks. In February, this blog reported the story of a man facing a three strikes sentence for allegedly attempting to take a pair of gloves and some wire from a "big-box" home improvement store. That man was sentenced to a 29-years-to-life prison term for the alleged roughly $21 theft crime.
Now a group of Stanford University law professors have drafted a new proposed ballot initiative seeking to reform the harsh consequences of the sentencing law. The new proposal does not go as far as the 2004 measure that was defeated in the legislature. The new measure seeks to limit felonies triggering third strikes to serious or violent felonies for many convictions.
However, in contrast to the legislative measure narrowly defeated in 2004, the new proposal carves out an exception for so-called "hard-core" repeat offenders, that sources characterize as murderers, rapists and child molesters. In those cases the exception will allow any felony conviction, even a felony shoplifting conviction, to trigger a third strike.
Two arrested on suspicion of DUI after Highway 101 accident Sunday
Three Gavilan College basketball players were injured in a tragic accident Sunday. Reports indicate that the driver of the car filled with the ball players and two female passengers swerved to avoid a tire in the road just prior to the crash. The car spun out and came to a stop facing the wrong direction on Highway 101. A Nissan then slammed head-on into the student's car.
Reports indicate that the group of students was at a San Francisco nightclub before the 1:30 a.m. traffic accident. Police reportedly arrested the 22-year-old student who was driving the car that initially spun out on suspicion of driving under the influence before he was released to San Francisco General Hospital, according to the California Highway Patrol.
The CHP suggests that the young man could face felony DUI charges related to the traffic accident, apparently based upon the injuries involved. California law allows prosecutors to pursue felony DUI charges, even on a first-time offense, based upon allegations that a drunk driver was involved in an accident causing injuries. The driver and two of his teammates suffered serious injuries when the car they were in was struck by the Nissan. Two women, who were passengers in the Nissan, reportedly sustained minor injuries.
Police dispatch airplane and dogs after alleged burglary
Law enforcement says the three men fled from the scene and disappeared into a nearby canyon. Police brought in dogs to search for the three men. The California Highway Patrol dispatched an airplane to provide air surveillance of the area. The massive manhunt apparently proved unsuccessful, and the search was called off by around 12:30 p.m.
Despite not being able to locate any of the alleged burglars, police claim they have suspects in mind. Law enforcement believes one of the men allegedly involved in the purported burglary is an East Palo Alto man. A second person that police think was involved is a San Carlos man who is on parole.
Authorities apparently found a car at, or near, the residence that they believe is linked to the alleged burglary. Law enforcement is relying on the presence of the car to support their suspicions on who may have been involved in the alleged incident.
Inside the residence, police claim they found a pile of guns and other items. Law enforcement believes the three men piled the items in the home, intending to steal the belongings. Because the residents were apparently on vacation, law enforcement does not know if any items were taken in the alleged home invasion.
California sets up 50 percent discount for some old unpaid tickets
For the first six-months of 2012, Californians with old, unpaid traffic tickets will be able to clear up the delinquent tickets at a significant savings. The state is offering a sort-of amnesty-like program for people who have outstanding traffic tickets that are at least 3-years-old. The deal the state is offering during the six-month period is a half-price offer. Californians with old unpaid tickets can clear-up the delinquent fines for half price. The new law seeks to recover a portion of the roughly $900 million in overdue traffic ticket fines.
The Administrative Office of the Courts in California estimates the traffic ticket discount could generate as much as $46 million for the state. The traffic ticket discount offer applies to tickets that had an original due date before the start of 2009. A major caveat, however, the 50 percent traffic ticket discount program does not apply to drunk driving fines, reckless driving offenses nor parking tickets.
What started as speeding allegation ends with DUI and drug charges
What began as a traffic stop for an alleged speeding violation turned much more serious recently for a Garberville man. The California Highway Patrol claims the 41-year-old Garberville man was speeding on U.S. Highway 101 near Miranda last week. During the traffic stop, the man apparently was arrested on suspicion of DUI. A news report on the incident in The Times-Standard does not address the alleged evidence that the CHP is relying upon to support their suspicion that the driver was under the influence.
CHP officers say they conducted an inventory search of the 2007 Dodge Ram that they say the Garberville man was driving last Tuesday. The officers apparently decided to have the vehicle towed after the DUI arrest. CHP officers say they conducted an inventory search of the Dodge prior to towing. That search reportedly has led to serious California drug charges against the driver of the vehicle. The CHP says that a 23-year-old passenger in the Dodge was released at the scene of the original traffic stop.
Appellate ruling excludes evidence in California drug case
A California man allegedly tried to ship a package from California to Illinois through Federal Express in July 2010. A FedEx employee claims the package smelled of marijuana and called police to report the parcel. The man accused of trying to send the package was ultimately charged with serious California drug crimes, including possession of marijuana for sale and sale and transportation of marijuana, according to court records.
Police claim that when they were called to FedEx, the responding officer could smell marijuana and seized the parcel as evidence. The officer brought the package back to the police station and the narcotics unit apparently declined to investigate the matter. The officer and his supervisor decided to open the package without first seeking a judicially sanctioned warrant. They claim the package contained nearly a pound of marijuana.
The man accused of the drug crime sought to have the evidence thrown out of court. The Superior Court judge ruled against the defendant, reasoning that both the seizure and the warrantless search of the package were justified. Monday a California Appellate court overturned that ruling.
Man with skateboard arrested on suspicion of assault with a deadly weapon
Police claim some form of argument erupted recently between a laundromat employee and a customer. Law enforcement believes the argument escalated beyond words at some point. Police claim the 26-year-old customer had entered the establishment around 10:00 a.m. Saturday. He apparently was toting a wooden skateboard. After the alleged argument broke out, law enforcement says the customer swung his skateboard at the Laundromat employee. The 26-year-old customer could be facing serious felony charges based upon the allegations.
The laundromat employee apparently did not suffer any injury in the alleged incident. Authorities say the employee did not seek any kind of medical treatment after the alleged incident. In fact, police believe the employee grabbed the skateboard during the alleged incident.
Nonetheless, police suspect the customer committed assault with a deadly weapon. The alleged assault apparently includes the allegation that the customer swung the skateboard at the employee. The police further suspect that the skateboard will serve as the evidence that a deadly weapon was used in the alleged incident.