CATEGORY: ‘Violent Crime’

Rape Victim Dies Of Injuries One Month Later—Riverside County Man Could Now Face Murder Charges In Riverside

Wednesday, May 11th, 2011

A Banning man accused of raping a homeless woman on April 4, 2011 could face homicide charges after the woman died of injuries she suffered in the attack, Riverside County sheriff’s officials stated.  Joseph Jimmy Blancarte, 47, was initially charged with rape by force and attempted murder in the attack on 43-year-old Mary Sanchez, a transient who lived in the Cabazon area.  She died on May 4, 2011, nearly a month after a passerby found her, unconscious, the morning of April 4 along Citrus Avenue in Cabazon.

With Sanchez’s death, the district attorney’s office is reviewing the Sheriff’s Department’s request to charge Blancarte with homicide rather than attempted murder, officials said.  If the medical records show that the victim died as a result of the injuries suffered in the attack, or a complication thereof, then it is a virtual certainty that Blancarte will indeed face murder charges.  The rape charges carry a maximum of eight years in prison.  However, attempted murder carries half of the potential term as murder so Blancarte’s maximum exposure in this case will likely increased significantly now that his victim has died.  Blancarte remains jailed and his bail has been set at just over $1 million.

 

If you or a loved one is facing  criminal charges in California it is important that you contact an experienced criminal defense attorney. At Wallin & Klarich, our attorneys have over 30 years of experience in handling all types of  crimes. Our attorneys are highly knowledgeable and will aggressively fight to defend your rights and get you the best possible result in your case. Call us today at (888) 749-0034 or contact us on our website at www.wklaw.com. We will be there when you call.

Court Stays Sentencing Enhancement When Defendant Already Punished for the Same Act – PC 654

Wednesday, April 27th, 2011

On January 25, 2011, in People v. Ahmed, the court of appeal stayed imposition of a firearm use enhancement because his other sentencing enhancement for great bodily injury punished the same act. On August 8, 2006, defendant Amir Ahmed shot his girlfriend causing significant injury. Their stormy relationship included previous instances of mutual amphetamine use [...]

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I’m Charged With Murder In San Diego – What Should I Do Next?

Friday, February 4th, 2011

In California, Penal Code section 187 defines murder as causing the death of another person, or fetus, with malice aforethought. The term “malice aforethought” refers to the murderer’s mental state or intent that must be formed before the act can constitute murder. Malice aforethought means that the accused either acted with the specific intent to [...]

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DRUNK DRIVER THAT MURDERED ANGELS PITCHER, TWO OTHERS GETS 51 YEARS TO LIFE – PC 187(A)

Monday, December 27th, 2010

On December 22, 2010, Andrew Gallo, the drunk driver who killed Angels pitcher Nick Adenhart and two others in an April 2009 auto accident, was sentenced to 51 years to life for three counts of second degree murder. Gallo’s blood alcohol content was at least .19 percent, almost three times the legal limit.  Gallo was [...]

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The ‘Blue-Eyed Butcher’ is sentenced to 20 years in jail for the stabbing murder of her husband – P.C. 187

Tuesday, December 14th, 2010

A Houston mother known as the “blue-eyed butcher” was resentenced on Tuesday to serve 20 years in prison for stabbing her husband close to 200 times before burying his body in the backyard. Susan Wright was found guilty of first-degree murder in 2004 for the stabbing death of her 34-year-old husband, Jeffrey Wright. Claiming abuse [...]

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P.C. 187 – Ninjas Break into a Florida Home and Fatally Shoots its Residents

Friday, December 10th, 2010

On July 9, 2009, Melanie and Byrd Billings, a Florida couple known for caring for special-needs children, were shot dead execution-style in their home by seven men who broke into the Beulah residence dressed like ninjas. The entire incident was captured on tape, which was shown in court Tuesday at the murder trial of the [...]

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A Court’s Failure to Instruct the Jury on Voluntary Manslaughter in a Murder Trial Can be Prejudicial Error

Thursday, December 9th, 2010

In light of a recent decision made by the California Courts of Appeal, 1st District, it may now be considered prejudicial error for a court to fail to instruct the jury concerning voluntary manslaughter in a first-degree murder trial. In early 2004, Rafael Ramirez confronted Anthony Boothe, a member of a rival gang, concerning a [...]

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POLICE OFFICER SENTENCED TO TWO YEARS IN PRISON AFTER CONVICTION FOR INVOLUNTARY MANSLAUGHTER – P.C. 192(b)

Wednesday, November 10th, 2010

Johannes Mehserle, a former transit police officer convicted of involuntary manslaughter for fatally shooting an unarmed man on an Oakland train station platform, was sentenced to two years in prison. After the sentencing was announced, the victim’s mother emerged from the Los Angeles courtroom muttering, “Nothing, he got nothing!” The family declined to talk to [...]

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California PC 206 – Three Defendants In Tracy Torture Case Plea Guilty

Tuesday, October 19th, 2010

Three of the four defendants in a torture case in Tracy, California have plead guilty to multiple felonies.  The four were all previously charged with the crime of torture.  California Penal Code Section 206 states that “every person who, with the intent to cause cruel or extreme pain and suffering for the purpose of revenge, [...]

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PC 207, PC 236, PC 288 – Abducted 8-Year-Old Girl Recovered But Sexually Assaulted

Friday, October 8th, 2010

An 8-year-old girl was recovered yesterday, hours after she was allegedly forced into a pickup truck at an apartment complex in Fresno, California. Although safely returned to her parents, authorities say that she had been sexually assaulted. With the help of the media and the efforts of two good Samaritans, police arrested Gregorio Gonzalez, 24, [...]

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