Violent Crime

The “Grim Sleeper”

Most people know that using DNA to find and capture a suspect has been a common practice by police for years in California. However, most people do not know that the police could use DNA of a person’s family member to link that person to a crime committed. This technique can lead to a person being guilty by association and is highly controversial.

The conventional method of using DNA to identify the perpetrator of a crime is to gather blood, semen, or other genetic material at the scene of the crime. The material is then put through a criminal database to see if it yields an exact match. This is not helpful if the alleged perpetrator’s DNA is not in the system.

With a familial DNA search, the police will gather the DNA at the scene of the crime and look for a “near match.” A near match refers to the DNA closely matching a relative’s DNA that is in the criminal database. If there is a familial match, the police will then zero in on family members who they feel may be a suspect.

This technique only works on male suspects because it focuses on the Y chromosome of a male. Tracing the X chromosome is not as reliable with current technology.

The Los Angeles Police Department recently used this technique to catch the alleged “Grim Sleeper” serial killer. The police used the alleged Grim Sleeper’s DNA taken from a slice of pizza to find a near match with the alleged serial killer’s father. From the father, the police were able to find the whereabouts of the alleged Grim Sleeper and arrest him at his home.

District Attorneys have been more aggressive in asking for a DNA sample in a plea bargain agreement from the defendant in a criminal case. It is important that you speak with an experienced Southern California criminal defense attorney if you are charged with a crime through a familial DNA search. At Wallin & Klarich, our attorneys have over 30 years of experience in defending the rights of the criminally charged. Our attorneys are constantly researching the law to be able to provide our clients with the most accurate information. This is one of the ways we provide the quality representation you deserve. Call us today at (888) 280-6839 or contact us through our website at www.wklaw.com. We will be there when you call.

On July 8, 2010, a Los Angeles jury found ex-Bay Area Rapid Transit police officer Johannes Mehserle guilty of involuntary manslaughter for shooting an unarmed black man in an Oakland transit station.

On January 1, 2009, Mehserle was called to the Oakland transit station because of a fight on a Bay Area Rapid Transit train. When he arrived on the scene, he stated that he intended to subdue Oscar Grant with his Taser. Instead, he withdrew and fired his handgun, killing Grant.

At trial, he claimed that he made a mistake and did not intend to shoot Grant. The jury could have convicted him of second degree murder, voluntary manslaughter, or found him not guilty.

Under California Penal Code section 192(b), involuntary manslaughter is the unlawful killing of another human being while committing a misdemeanor or while performing a lawful act in a negligent way. It is punishable by 2, 3, or 4 years in state prison. (California Penal Code section 193(b).)

If you or someone you know has been accused of a homicide such as murder, you need an experienced criminal defense attorney who will review the facts and the law with you to get the best possible result. At Wallin & Klarich, we have over 30 years experience defending a variety of criminal matters, including murder and manslaughter. Call us today at (888) 280-6839 or visit us at our website at www.wklaw.com. We will be there when you call.

Mexican law enforcement officials have arrested a suspect in relation to the murder of three people connected with the U.S. Consul in Mexico City. Police are also investigating the suspect’s involvement in an earlier shooting incident that left 13 people dead.

According to a police official, suspect Jesus Ernesto Chavez Castillo has substantial connections to powerful drug gangs and is suspected of leading his drug gang Los Aztecas’ hit men. He previously served a five year prison sentence in Louisiana on drug charges.

The police official stated that La Linea, another drug gang that Castillo was reportedly affiliated with, ordered the death of Lesley Enriquez, a U.S. consulate employee. On March 13, 2010, after leaving a party, Enriquez and her husband were gunned down and murdered, reportedly at the direction of Castillo. Another spouse of a consulate employee died because officials state that the spouse left the same party in a vehicle that looked similar to Enriquez’.

In February 2010, Chavez reportedly participated in killing 13 people at a party. He and his and his companions allegedly believed that they were targeting rival gang members, but the partygoers were innocent civilians, mostly teenagers.

Under California Penal Code sections 187 and 189, an unlawful killing of another human being with malice aforethought and committed with premeditation and deliberation is first degree murder. Malice aforethought means that the person either intended to kill or seriously injure the victim, or acted with reckless disregard for the victim’s life. (California Penal Code section 188.) First degree murder is punishable by 25 years to life in prison, life without the possibility of parole, or the death penalty. (California Penal Code section 190(a).)

If you or someone you know has been accused of first degree murder, you need a competent attorney experienced in defending against this very serious charge. At Wallin & Klarich, we have defended people for over 30 years against a variety of criminal charges, including murder. Call us today at (888) 280-6839 or visit us at our website at www.wklaw.com. We will be there when you call.

A stern-faced 13-year-old boy sat quietly as a Michigan Judge ordered he remain in juvenile detention until he reaches the age of 21. DeMarco Harris sat in the courtroom convicted in the shooting death of a 24-year-old woman during a robbery. The 24-year-old woman was murdered inside her parked car in Detroit on August 1, 2009.

The minor will remain in juvenile detention until he is 21 years old. After his 21st birthday, he will be re-evaluated by the court. Depending on the court’s findings, Harris will either be released from custody or sentenced as an adult to life in prison without the possibility of parole. If Harris is convicted of a felony while he is in custody, he will automatically be sentenced as an adult to life in prison.

If you or a loved one have been charged with a crime, it is imperative that you hire an aggressive, experienced criminal defense firm. Hiring an experienced criminal defense law firm can greatly increase your chances of keeping your freedom, and ensuring you receive the lowest possible sentence. The attorneys at Wallin & Klarich have been helping people accused of serious crimes, including murders, for over 30 years.

Please feel free to contact Wallin & Klarich to discuss your case. You can reach us 24 hours a day, 7 days a week at 877-466-5245 or go to our website at www.wklaw.com for more information.

Melissa Huckaby was sentenced to life in prison without the possibility of parole in a California courtroom on Monday. Huckably, a former Sunday school teacher admitted to the killing of 8 year old Sandra Cantu. Cantu’s lifeless body was found in a suitcase 10 days after she disappeared in Tracy, California, in March 2009.

San Joaquin County Superior Court Judge Linda Lofthus sentenced Huckaby to life in prison. The deal reached with prosecutors removed the possibility of the death penalty. Prosecutors had charged Huckaby with murder, kidnapping, lewd and lascivious acts on a child under 14, and rape by instrument.

Huckaby gave a tearful apology to the family of Sandra Cantu, as well as apologizing to her own family. While addressing Cantu’s family, Huckaby stated that not an hour goes by where she does not think of the slain 8 year old.

If you or a loved one have been charged with a murder, it is imperative that you hire an aggressive, experienced criminal defense firm. Hiring an experienced Southern California criminal defense attorney firm can greatly increase your chances of keeping your freedom, and ensuring you receive the lowest possible sentence. The attorneys at Wallin & Klarich have been helping people for over 30 years.

Please feel free to contact Wallin & Klarich to discuss your case. You can reach us 24 hours a day, 7 days a week at 877-466-5245 or go to our website at www.wklaw.com for more information.

CNN recently reported that a 13-year-old boy, Demarco Harris, has been convicted of murdering a woman during a robbery and will remain in juvenile detention until he turns 21 according to the juvenile laws of Michigan. After Harris’ 21st birthday, the court will either release Harris from custody or sentence him as an adult to life in prison without the possibility of parole. If Harris is convicted of a felony while he is in custody, he will automatically be sentenced as an adult to life in prison.

The goal of the California juvenile justice system is the treatment and rehabilitation of juvenile offenders. However, under the Welfare and Institutions Code, section 602, a child as young as 14 years of age can be prosecuted directly in adult court for the commission of certain serious felonies including murder and rape. If prosecuted as an adult, these crimes carry life imprisonment or death as the punishment.

While the District Attorney can file a case directly against a child in adult court for certain types of serious felonies, the more common method is through a “Fitness Hearing” under section 707 of the Welfare and Institutions Code. At a fitness hearing, the juvenile judge would decide whether to send your child to adult court by considering your child’s criminal sophistication, rehabilitation prospects, previous delinquent history, any previous rehabilitation attempts by the juvenile court, and the circumstances and gravity of the offenses alleged to have been committed by your child.

Being convicted of a juvenile offense will have serious and lasting repercussions for your child. If your child has been charged with a juvenile offense you must seek the assistance of an experienced defense attorney immediately. Our attorneys at Wallin & Klarich have over 30 years of experience taking on cases just like yours. We will look at the particular facts of your case to determine the best defense strategy available to you that will result in the best possible outcome. Call us today at 888-749-0034 or visit us online at www.wklaw.com. We will be here when you call.

On July 2, 1994 Humberto Castro Muñoz shot Columbian soccer star, Andres Escobar, with a 38 caliber gun six times in a parking lot of a bar in Medellín, Columbia. In the bar, Escobar had been faced by group of people that constantly insulted him and reminded him of his mistake. Escobar had scored a goal on his own team during the 1994 World Cup. The discussion escalated until Muñoz used his weapon fatally, allegedly shouting “Goal” for each shot fired. Muñoz was found guilty of Escobar’s murder in June 1995 and sentenced to 43 years in prison. The sentence was later reduced to 26 years due to his submitting to the ruling Columbian penal code in 2001. Muñoz was released on good behavior due to further reductions from prison work and study in 2005 after serving approximately 11 years.

Under the California Penal Code, Section 192, murder can be reduced to voluntary manslaughter in cases where the killing, though intentional, resulted from a sudden quarrel or in the heat of passion. Manslaughter is killing without the requisite malice for murder. One classic example would be a husband happening upon his wife during the commission of an affair and killing one of them in a sudden burst of passion.

Voluntary manslaughter is punishable by imprisonment in the state prison for three, six, or eleven years. To prove voluntary manslaughter three criteria must be shown. First, the defendant must have been provoked. Secondly, as a result of that provocation, the defendant acted rashly and under the influence of intense emotion that obscured his reasoning or judgment. Thirdly, it must be shown that the provocation under the particular circumstances of the act would have caused an average, reasonable person to act in a similar manner; both rashly and without deliberation.

Voluntary Manslaughter is a serious offense. If you or a loved one has been charged with murder or manslaughter, it is vital that you retain an experienced criminal defense attorney immediately. Our criminal defense attorneys at Wallin & Klarich have over 30 years of experience taking on cases just like yours. We will look at the particular facts of your case to determine the best defense strategy that is available to you that will result in the best possible outcome. Call us today at 888-749-0034 or visit us online at www.wklaw.com. We will be here when you call.

A federal appeals court ruled that an Arizona teenager’s confession to nine murders in 1991 during a 13-hour interrogation interview was involuntary. With the confession overturned, the Arizona Attorney General must now ask the Supreme Court to review the case or decide to retry the teen without the alleged confession.

In 1991, Jonathan Doody, a 17-year-old high school student from Phoenix, was sentenced to 281 years in prison following his conviction for murder, armed robbery, and other charges in connection to the nine people found dead in a local Buddhist temple. Doody and a co-defendant pleaded guilty to the murders. The co-defendant testified that Doody was the triggerman and that they had intended to steal the large amounts of gold and cash they believed were stored in the temple.

Doody confessed to the murders to two police officers after a marathon 13-hour interrogation in which Doody was deprived of sleep. Doody tried to file motions to suppress his confession, but they were rejected and his confession was included in his initial trial. The ruling stood until the 9th U.S. Circuit Court of Appeals heard his case and ruled that the confession was involuntary.

Doody petitioned that the reading of his Miranda rights were inadequate, thus rendering his confession involuntary. The court agreed on both counts. The court found that the administration of Dooley’s Miranda rights were far from “clear and understandable.” On more than one account, Dooley stopped and asked the officers about certain parts of the Miranda form, stating that he did not understand certain parts of the Miranda rights. The officer who read the Miranda rights deviated significantly from the printed Miranda form and repeatedly minimized the warnings’ significance when explaining them to Doody.

The court also found that Doody’s confession was not voluntary given under the circumstances. The officers repeatedly asked Dooley the same questions several times and utilized relentless interrogation tactics precisely because Doody remained unresponsive or did not provide the answers the officers sought. Also, because Doody was a juvenile, the court did not believe Doody was physically and mentally mature enough to handle the 13-hour interrogation.

At Wallin & Klarich, our team of experienced Southern California defense lawyers can help you or your loved ones in the event of an arrest or interrogation by police. We will examine every detail of the incident to see if your Miranda rights have been violated. Call us today at (888) 280-6839 or contact us on the web at www.wklaw.com. We will be there when you call.

As recently reported by The Associated Press, Joran ver der Sloot, the suspect of the 2005 disappearance of Natalee Holloway, is now the prime suspect for the murder of a Peruvian woman. Sloot entered Peru for a poker tournament and appeared with Stephany Flores in a video taken at a Lima casino early one morning. There is a reported witness that saw these two enter Sloot’s room. Flores’s father reported that she was killed at about 8 a.m. that same morning. Police reported that Sloot has fled the country by land to Chile.

Coincidentally, this incident occurred exactly five years after the disappearance of Holloway. In that case, he was twice arrested but released for lack of evidence.

Homicide is the killing of one human being by another. Murder and manslaughter are both types of homicide, where manslaughter is a lesser offense to murder.

Under California Penal Code Section 187, the defendant may only be convicted of murder if the prosecution can prove that (1) the defendant committed an act that caused the death of another person, (2) the defendant acted with malice aforethought, and (3) the killing was unlawful.

There are two ways to established malice aforethought. The first is for the prosecution to show that the defendant acted with an unlawful intent to kill. The other way is to show that the defendant intentionally committed an act, the natural and probable consequences were dangerous to human life, the defendant knew that the act was dangerous to human life, and the act was performed with a conscious disregard for human life. Despite the everyday connotation that malice is associated with hatred or ill will towards the victim, legal malice does not require animosity.

In California, murder is further divided into two degrees: first and second. To be guilty of first-degree murder, the prosecution has to prove that the defendant acted willfully (intended to kill), deliberately (weighed the considerations and decided to kill), and with premeditation (contemplated the act prior to commission). If convicted of first-degree murder, the defendant may be punished by death, imprisonment in state prison for life without the possibility of parole, or imprisonment in state prison for a term of 25 years to life. If these elements are not proven, then the defendant would only be charged of second-degree murder. A conviction here would subject the defendant to imprisonment in state prison for a term of 15 years to life.

Murder is an extremely serious crime to be convicted of which may lead to severe penalties. It is absolutely imperative to have experienced defense attorney at Wallin & Klarich to defend your case. We will invest our time and effort into understanding the facts and present your best case before the court.

Manslaughter is the lesser serious homicide offense and is set forth under California Penal Code Section 192. This is the killing of another individual without malice. This may occur either voluntary or involuntary. Voluntary manslaughter typically arises from a killing that takes place during a sudden quarrel or heat of the passion. The punishment for voluntary manslaughter is imprisonment in state prison for three (3), six (6), or eleven (11) years. Involuntary manslaughter, however, arises in the commission of a misdemeanor. It may also arise from the commission of a lawful act in an unlawful manner or without due caution. Here, the punishment is imprisonment in state prison for two (2), three (3), or four (4) years.

In both types of crimes, there are many different types of defense that may be brought up to lessen the charges or obtain an acquittal. However, the defenses are extremely specific to the facts of the case. In order to afford the best protection, contact our Southern California Defense Attorneys now and let us help you. Your best chance at avoiding the criminal justice system is to let us work on your case.

With over 30 years of experience, Wallin & Klarich is your best chance at having your case properly defended. Whether it is murder or manslaughter, the outcome usually hinges on the facts of the case. Our defense attorneys will go through your file with a fine-toothed comb and search for knots that would tie up the prosecution’s case. We understand that being charged with one of these crimes is not only serious, but also a stressful and intimidating ordeal. Our attorneys will represent your best interests by arguing and presenting all possible defenses. Call us at (888) 280-6839 or contact us on our website at www.wklaw.com. We will be there when you call.

It was recently reported that three arrests were made in the murder of a 19-year-old Anaheim college student. At 10:30 pm on April 28, 19-year-old Adrian Ramos, a Fullerton College student and magician, was gunned down in a robbery attempt as he was walking home from school. Aquiles Sanchez, 20, Edgar Raul Salgado, 20, and a 15-year-old juvenile were arrested the next day. The trio could be facing robbery charges.

Ramos was a mechanical engineering major who had performed magic on the Tonight Show with Jay Leno when he was eight and was a featured performer at the Hollywood Magic Castle by the time he was nine. Until recently Ramos, usually drove the four mile distance between his home and Fullerton College but after an insurance problem, he began walking the distance. Police believe the alleged murderers took Ramos for his wallet.

The state of California has a provision regarding homicide in certain felony offenses called the Felony Murder Rule. See California Penal Code Section 189. The Felony Murder Rule allows prosecutors to charge a defendant with first degree murder if any homicide is committed during the course of specified felonies, such as robbery, rape, and burglary. The penalty for first-degree murder is 25 years to life. California also recognizes the offense of second-degree murder, punishable by sentences of 15 years to life for homicides committed during the course of other felonies not referred to in the statute but deemed “inherently dangerous to human life.”

If you or a loved one is facing a charge of robbery or a serious felony, contact our Orange County criminal defense attorneys at Wallin and Klarich. Wallin & Klarich will help protect your rights and find the best defense strategy for your case. For over 30 years, our attorneys have been helping clients get probation or community service in lieu of jail time in robbery cases. Please call us today at (888) 280-6839 or visit us on our website at www.wklaw.com. We will be there when you call.