PRESS RELEASE

May 31, 2013

District Attorney Bob Lee announced today that a Santa Cruz jury found David James Hagee, 45, guilty of Felony Criminal Threats and a Misdemeanor Petty Theft. On February 20, 2013, the defendant, a transient, stole food from the Safeway on Mission Street. Store employees notified a First Alarm security guard of the theft and the guard called the police. While he was waiting for the police to arrive, Hagee saw the guard and threatened to beat up and kill him and charged towards him in a threatening manner. The guard had to pepper spray Hagee to defend himself.

Hagee was on Post Release Community Supervision when he committed the offense, which is the system used to supervise certain offenders who are released from prison, after the enactment of AB109. Hagee was sentenced to 4 years in prison in 2010 after he pled to a Felony Assault, for stabbing another transient man in the abdomen at a homeless camp on SR-1.

The sentencing date is Wednesday, July 17, 2013 in Department 7, in front of the Honorable Judge Ariadne Symons.

For more information please contact Assistant District Attorney Sara Dabkowski at (831) 454-2529

May 29, 2013

District Attorney Bob lee announced today that child molest charges were filed against Alberto Martinez Maldonado, age 23, for sexually assaulting a juvenile patient at Watsonville Community Hospital.

Mr. Maldonado, who was an employed security guard for Watsonville Community Hospital and was tasked with watching high risk patients is to be arraigned Thursday May 30, 2013 in Department 6 and faces a variety of felony charges.

For more information please contact District Attorney Bob Lee at (831)454-2597

May 28, 2013

District Attorney Bob Lee announced today that Jose Velasquez, Alejandro Chavez, and Cristobal Ramirez entered pleas admitting culpability for their involvement in the brutal, senseless, gang related murder of Oscar Sanchez on January 6, 2009.

On the date of the murder Velasquez, Chavez, and Ramirez, members of the Sureno/Mexican Side Locos criminal street gang, lured Sanchez into Ramirez’ vehicle and drove him to a remote farming area of Santa Cruz County. In route the group threatened Sanchez and began to assault him. When they arrived Sanchez was forced from the vehicle and fatally attacked with a knife. After the murder the group returned to Velasquez’ house were they attempted to cover up the murder. Sanchez’ body was found the next day.

Following an intense investigation by the Santa Cruz County Law Enforcement community, including the Sheriff’s Office, and Inspectors from the District Attorney’s Office, all three suspects were located and apprehended. Velasquez was arrested on January 19, 2009 in Watsonville, Ramirez, who had fled to Mexico, on February 2, 2009, and Chavez, who had fled to Kansas City, Missouri, on January 17, 2009.

On late Friday, May 24, 2012, the Defendant’s entered pleas. Velasquez, who is 30 years old, pled to murder in the first degree, and being an active participating in a criminal street gang. He will receive a sentence of life in prison without the possibility of parole. Chavez, who is 26 years old pled to 17 different felonies, including: manslaughter, kidnapping, robbery, criminal threats, and being an active participant in a criminal street gang. Chavez will receive a sentence of 60 years in state prison and will be required to serve 85% of his sentence. Ramirez, who is 23, pled to 7 different felonies including: manslaughter, kidnapping, criminal threats, destruction of evidence, and being an active participant in a criminal street gang. Ramirez will receive a sentence of 35 years in state prison and will be required to serve 85% of his sentence. All three Defendants admitted that the murder was gang related.

The results reflect the dedication of the law enforcement community throughout Santa Cruz County specifically the Santa Cruz County Sheriff’s Office, the California Department of Justice and Inspectors from the Santa Cruz County District Attorney’s Office.

The group will be sentenced on July 23, 2013 in Department 3 before the Honorable Judge Timothy Volkmann.

For more information, please contact Assistant District Attorney Alex Byers at (831) 454-2400.

May 19, 2013

District Attorney Bob Lee announced today that David Robert Mason,49, was arraigned today in Santa Cruz Superior Court on five felony counts including PC 211 Robbery, PC 459 Residential Burglary, PC 215 Car Jacking, PC 2800.02 Felony Evading a Police Officer and PC 21310 Carrying a Concealed Dirk or Dagger for his home invasion robbery on two elderly victims where he threatened them and stole their car. During his arrest Mr. Mason also lead the police on a vehicle pursuit and was arrested when he crashed against the center divider.

The defendant is in custody and bail is set at one million dollars. Mr. Mason, who is a transient, has a significant history dating back to 1987. Those criminal convictions include three prior robbery convictions where he used a firearm (felony strikes) because of these convictions the District Attorney's Office alleged three strikes which make him face a possible sentence of 25- life. Mr Mason also has suffered six different violent felony convictions dating back to 1987. All of his prior felony offenses were from Santa Clara or Monterey County

His next court date is May 31, 2013 for confirmation of preliminary examination and June 3, 2013 for Preliminary Examination.

For more information please contact Assistant District Attorney Steve Drottar (831) 454-2690

District Attorney's Consumer Protection Units Enter Into Settlement Agreement With Kohl's Department Stores

FOR IMMEDIATE RELEASE

May 6, 2013

CONTACT: KELLY WALKER, Assistant District Attorney

(831) 454-2559

A three-year investigation into the business practices of Kohl's Department Stores Inc. ("Kohl’s"), by the District Attorneys for the Counties of Santa Cruz, Fresno, Santa Clara and Sacramento, was settled yesterday when the parties agreed to the terms of a Judgment against the company. Kohl’s did not admit wrongdoing in this case and cooperated with prosecutors during the investigation. Investigations conducted by the Weights and Measures departments throughout the state revealed multiple cases of inaccurate prices being charged to consumers. Sale prices and discounts were not always registering in Kohl’s scanning system. "When prices are advertised on shelf tags, stores are required to charge the customer the amount displayed on the shelf even if the sale time period has expired," explained Santa Cruz County Assistant District Attorney Kelly Walker.

After this investigation began in 2009, Kohl's changed its paper shelf tags to electronic tags in an effort to avoid these scanning errors. The company, Kohl's Department Stores Inc., is a Delaware corporation with its business headquarters in Wisconsin and has stores nationwide with 126 stores in California. Under the terms of the Judgment, Kohl's is permanently enjoined from charging more than the lowest advertised price and upon notice shall refund all amounts greater than that price. As part of the final Judgment, Kohl’s also agreed to pay civil penalties in the amount of $409,500 to be used for the enforcement of consumer protection laws.

May 2, 2013

District Attorney Bob Lee announced today that Randy Ruben Reyes, a 55 year old transient, was sentenced on Wednesday to twelve years in state prison, by the Honorable Judge Ariadne Symons. A Santa Cruz County jury found Reyes guilty of Battery Causing Serious Bodily Injury on March 22, 2013. Reyes admitted Special Allegations that he had previously committed a Violent Felony and that he had three prior prison commitments.

On October 14, 2012, at about 11:00 P.M., both Reyes and another transient man were on the outdoor patio at the Taco Bell on the corner of Laurel and Pacific Avenue. Reyes became belligerent and started yelling at the victim. The victim left the patio area and when he was walking back onto the patio, Reyes punched him in the eye. The victim had been looking down and was completely blindsided. He immediately fell back onto the ground. Reyes bent his knees and threw his full body weight into the punch.

Reyes fled toward the Metro Station and a concerned citizen followed him and ultimately flagged down the police.

The victim suffered an orbital fracture and nasal fracture. He was treated at both Dominican Hospital and Stanford Medical Center. The victim, along with many of the other transient witnesses, could not be located for trial. The battery was caught on video by a Taco Bell surveillance camera.

Reyes has a long history of violence dating back to the late 1970s. He has been previously convicted of felony assault in 1993 and 2002. He was on Felony probation at the time that he committed this crime, for threatening a police officer.

For more information contact Assistant District Attorney Sara Dabkowski at 831-454-2529

April 29, 2013

Brian Earl Taylor, a transient, plead NOLO CONTENDERE in Santa Cruz County Superior Court to a violation of brandishing a deadly weapon . Mr. Taylor was intoxicated and punched Atlas Dalton another transient on the Municipal wharf. After Mr. Taylor punched Mr. Dalton, Mr. Taylor swung a full beer bottle at Mr. Dalton then held it over his head in a threatening matter. He brandished the bottle in a position to swing it at Mr. Dalton again. This incident occurred on March 22, 2013.

Mr. Taylor was placed on 36 months of Conditional Sentence and received 180 days, 90 days on this the misdemeanor case and 90 days on his Felony probation case. Mr. Taylor was on Felony probation in case M69413 from when he approached two visitors to the Beach Board walk where he aggressively panhandled them for cash and when they refused to give him money he threatened them that, "I’ll be here and I’ll make sure your car gets keyed." When the visitors got back from their day at the boardwalk their car was keyed. Mr. Taylor was captured on video keying their vehicle by the Beach boardwalk security cameras.

For more information please contact Assistant District Attorney Steve Drottar at (831)454-2690

April 29, 2013

District Attorney Bob Lee announced that defendant Raul Perez Rodriguez, 37, was convicted by a jury today of attempted murder, PC 664/187 . The jury also found true special allegations that the attempted murder was deliberate and premeditated, that the defendant inflicted great bodily injury on the victim, and that the crime was committed for the benefit of a criminal street gang.

The charge stems from October 23, 2011 when the defendant (who resides in Watsonville) went to Bixby street and attacked an innocent bystander who was trying to park his car. Police believe that Rodriguez either mistook the victim for a rival gang member or simply didn’t care whether the victim was gang-affiliated or not. Rodriguez stabbed the victim at least five times in the chest and hands while shouting gang slogans. Witnesses stated that Rodriguez calmly walked away from the scene afterward, and he was not located that night. However, Rodriguez was identified from fingerprints left at the scene and tracked down to a motel in Gilroy, California where he was arrested on October 29 by the Santa Cruz County Anti-Crime Team, a multijurisdictional task force set up to investigate organized crime in the county.

"Rodriguez was a lifelong gangster" said Assistant District Attorney Charlie Baum, who prosecuted the case. "He had violent convictions going back nearly twenty years, including carjackings and two different gang assaults. This, thankfully, is the end of his gang career on the streets." ADA Baum also praised the work of the Santa Cruz Police Department and the SCCACT team. "SCPD got the forensic evidence and worked with the SCCACT team to track down the defendant and bring him to justice; the work those officers did allowed us to win the case here today."

The defendant took the stand and testified in his own defense, claiming that he was drunk that night and believed the victim was going to assault him. He claimed not to remember shouting gang slogans as he repeatedly stabbed the victim.

The defendant is facing a sentence of life in prison. A judge will decide his sentence on August 27.

For further information, contact Assistant District Attorney Charlie Baum at 831 454-2882.

Press Release

People v. Richard Chavez

Today District Attorney Bob Lee announced that Honorable Judge Stephen Siegel sentenced defendant Richard Chavez to prison for 17 years to life for brutally murdering his girlfriend Ms. Deanna Dudley. Assistant District Attorney Michael Gilman described the beating as "horrific" and urged the court to impose the sentence which is the maximum allowable by law. The defendant murdered Ms. Dudley by beating her to death with a "maglight" brand metal flashlight. On January 22, 2013 a jury convicted Mr. Chavez of second degree murder. The jury also found true an allegation that Mr. Chavez used a deadly weapon when he committed the offense. At a hearing the following day the court found true an allegation that Mr. Chavez had suffered a prior prison term. Mr. Chavez has a lengthy criminal record and a history of domestic violence. Two ex-girlfriends and one ex-wife testified at trial that they suffered physical abuse at the hands of Mr. Chavez.

Ms. Dudley’s mother and sister made emotional statements to the court expressing their rage and frustration to Mr. Chavez for taking away their loved one. Ms. Dudley’s mother held an urn with Ms. Dudley’s ashes while making her statement - at times addressing the defendant directly. Santa Cruz County Assistant District Attorneys Michael Gilman and Jeff Rosell prosecuted the case. Both expressed satisfaction with the sentence. "The jury did the right thing and reached a just verdict. We are pleased that the defendant received the maximum prison sentence for this terrible crime." - Michael Gilman

For more information contact Assistant District Attorney Michael Gilman at 831-454-2516

April 19, 2013

The District Attorney's Office invites the public to attend the Second Annual Victim's Rights March of Solidarity, Wednesday, April 24th at 6 pm. The march, held in honor of National Crime Victim's Rights Week, will feature music, speakers and a march from the courthouse steps at 701 Ocean Street to Abbott Square located at the Museum of Art and history on Cooper Street. Family members of those who have died due to violent crime will carry memorial photos of their loved ones. Musical talent includes Cloud Nine and the Inner Light Choir. Participating agencies include Walnut Avenue Women's Center, Women's Crisis Support / Defensa de Mujeres and the Diversity Center. The purpose of the march is to raise awareness and show support for all victims of crime. Community participation is an important component to standing in solidarity. Please join us in this message of peace.

For more information please contact Sylvia Nieto at (831) 454-2623

April 15, 2013

Re: Parental Abduction Investigation

Santa Cruz County District Attorney Bob Lee announced today the successful recovery of an abducted 2 ½ year old male child.

In early May of 2012 the the Santa Cruz District Attorney's Office Investigations Bureau was contacted by a father, Cesar Zepeda, who resided in Santa Cruz County. Zepeda reported that his 2 ½ year old son, whom he had legal custody, had been abducted by his estranged wife Maria Cortez.

An investigation located the estranged wife in the area of Houston Texas. An arrest warrant was obtained for Cortez who was arrested. The child was taken into protective custody in Texas.

On April 12^{th 2013, a District Attorney Inspector flew to Houston Texas, picked up the child, and returned to Santa Cruz County to reunite the child with his father.}

The Santa Cruz County District Attorney Investigations Bureau routinely investigates Child Abduction Cases. DA Inspectors work closely with the Family Court and travel throughout the United States and foreign countries to recover abducted children.

For more information contact DA Inspector Raul Castellanos at (831) 454-2586

April 12, 2013

District Attorney Bob Lee announced today that Christine Ellen Feeter of Capitola, age 51, was sentenced to 4 years 8 months in the California Department of Corrections for residential burglary, felony stalking and violation of a restraining order. Ms. Feeter was convicted of those felony charges by a jury on January 28, 2013, following a ten-day jury trial.

Following an unpleasant separation and later divorce in December 2010 with Victim John Doe, Ms. Feeter embarked on a course of conduct against her ex-husband, Victim, which included unceasing e-mails, text messages, letters and unwanted gifts often hand-delivered to Victim's house and the houses of his closest friends. When Victim blocked Ms. Feeter's phone number and e-mail address, Ms. Feeter began posting vile accusations against Victim on public websites. In her written communications, Ms. Feeter accused Victim of heinous acts and generally attempted to slander him to his family and loved ones.

By January 2012, Victim returned to his home on several occasions and noticed items moved or misplaced. As a result, he invested in surveillance cameras on his property. In February 2012, those surveillance cameras captured Ms. Feeter entering Victim's home with an old key she had kept for many years and leaving his house five minutes later with various items of his clothing and a large bag of Victim's personal items. Two days later, Victim found a GPS tracker device on the undercarriage of his truck. Latent print testing on the GPS tracking device showed Ms. Feeter's fingerprint. Ms. Feeter told police that the IRS had put a tracker on Victim's car. During the course of Ms. Feeter's stalking of Victim, Victim's two vehicles were keyed and severely damaged when a foreign substance was added to the gas tanks on two separate occasions.

Ms. Feeter testified at jury trial and denied any responsibility for the crimes. She accused Victim of setting her up. At sentencing in Court, Ms. Feeter's lack of remorse was evident as she blamed Victim, his family, and law enforcement for telling lies about her, and claimed once again that she was the victim.

"Stalking is violent, intrusive behavior regardless of whether it is perpetrated by a male or female." prosecutor Kristina Oven said. "On behalf of the Victim, we are very pleased that the Court acknowledged the seriousness of Ms. Feeter's unrelenting stalking behavior and the fact that it would likely continue if she wasn't sent to prison."

For further information, contact Assistant District Attorney Kristina Oven, at 831.454.2561.

April 12, 2013

District Attorney Bob Lee announced today that, Nicholas Beus was sentenced to 18 years in state prison on multiple charges of first and second degree residential burglary, grand theft, evading an officer and being a three strikes offender.

Between February 20 and 25th 2012 Mr. Beus broke in to four homes in Santa Cruz County stealing valuable jewelry, electronics, a bicycle, three cars and a gun. Mr. Beus also led police on multiple high speed chases using stolen vehicles finally ending with the suspect's last stolen vehicle crashing on a dirt road in Scotts Valley.

Assistant District Attorney Gretchen Brock argued at the sentencing hearing, that Mr. Beus would not stop breaking in to homes and that these four recent incidents brought the defendant's known convictions to a total of 9 residential burglaries and two attempted residential burglaries. Mr Beus also had multiple prior felony violations including being on parole at the time of these incidents. Mr. Beus was facing four 25 to life sentences. Based on his prior record the Honorable Judge Symons sentenced Mr. Beus to a total of 18 years in state prison. He will serve 85% of his sentence because of his history.

For more information please contact Assistant District Attorney Gretchen Brock at (831)454-2390

April 12, 2013

District Attorney Bob Lee announces that Assistant District Attorneys Alex Byers and Jennifer Hutchinson were recognized on April 9, 2013 by the California Office of Traffic Safety, Mothers Against Drunk Driving, and the Monterey/San Benito/Santa Cruz County AVOID Campaign for their outstanding dedication in holding defendants accountable for committing the crime of driving while under the influence.

Over the course of a year both Assistant District Attorneys Byers and Hutchinson prosecuted numerous drunk driving offenders with outstanding results. The results reflect the dedication of the law enforcement community throughout Santa Cruz County, including the California Highway Patrol, the Santa Cruz County Sheriff’s Office, the Watsonville Police Department, the Santa Cruz Police Department, the Capitola Police Department, the Scotts Valley Police Department, the California Department of Justice, and investigators from the Santa Cruz County District Attorney’s Office.

Bob Lee and the Santa Cruz County District Attorney’s Office recognize the substantial dangers of driving while under the influence of drugs or alcohol and aggressively and ethically prosecute the offenders in an effort to promote and ensure public safety.

For more information,please contact Assistant District Attorney Jennifer Hutchinson at(831)454-2573.

March 21, 2013

District Attorney Bob Lee announced today that criminal charges have been filed against Morgan Triplett (20), a UC Santa Barbara student, for giving false information to the police, a violation of Penal Code Section 148.5- a misdemeanor. These charges stem from an alleged assault reported on the University of California Santa Cruz campus on February 17, 2013. Ms. Triplett will be arraigned within the next week in the Santa Cruz County Superior Court.

The charges are based on false information given by Ms. Triplett when she called 911 claiming that she had been severely beaten and then sexually assaulted by a stranger she encountered while she was walking on a path on the UCSC campus looking for banana slugs.

After an extensive investigation it became apparent that the majority of the information that Ms. Triplett gave the officers was not in fact true.

For further information, contact Assistant District Attorney Johanna Schonfield 831 454 2556

February 28, 2013

District Attorney Bob Lee announced that Jonathan Ayala and Gabriel Maez were sentenced yesterday to five years each in state prison on charges of active participation in a criminal gang and residential burglary.

The burglary took place on September 3 in Aptos. A vacationing British family returned to their rental home to find several gang members burglarizing the residence. When the father confronted the burglars, Ayala threatened him with a knife and forced him to retreat. However, the victim did notice the car the burglars were driving and called in the license plate number. Police responded and a high speed pursuit ensued, ending with the suspect vehicle crashing near the Home Depot in Watsonville. Five people fled the car; Gabriel Maez and Jonathan Ayala were taken into custody at the scene, and three others escaped. Of the three that escaped, two were female juveniles and the third was eventually identified as Andre Lopez. Further investigation linked Lopez to two other residential burglaries, and he was sentenced on January 31, 2013 to nine years eight months in state prison.

The District Attorney's Office was pleased with the outcome. "What happened to the British family was a shame, and not at all the kind of thing that should be happening in our community," said Assistant District Attorney Charlie Baum, who prosecuted the case. "We are relieved these gang members will be off the streets and spending a substantial amount of time in prison."

For further information, contact Assistant District Attorney Charlie Baum at 831 454-2882.

February 19, 2013

District Attorney Bob Lee announced today that, a jury convicted Albert "Doughboy" Martinez of being an active participant in a criminal street gang, possession of a weapon in jail, and assault with a deadly weapon. The jury further found that the crimes were committed for the benefit of or in association with a criminal street gang.

The charges stem from an incident that occurred on August 8, 2011 in the Santa Cruz County Jail. On that date armed gang members Martinez and Jesse Ybarra attacked a fellow inmate. The inmate suffered minor injuries as a result of the attack and has since made a full recovery. At the time of the attack Martinez and Ybarra were considered to be high ranking gang members. The investigation was conducted by the Santa Cruz County Sheriff’s Office and the Watsonville Police Department.

Martinez, who is 37 years old, will be required to serve 80% of his sentence prior to becoming eligible for parole. He is facing over 24 years in prison. Martinez is due back in Court on February 27, 2013. A sentencing date has not yet been set.

On December 21, 2012, Jesse Ybarra was sentenced to 10 years in state prison for his involvement in the attack.

For more information, please contact Assistant District Attorney Alex Byers at (831) 454-3181.

February 14, 2013

 Work At Home Schemes Cost Job Seekers

Santa Cruz County District Attorney, Bob Lee, is warning residents to beware of work at homeschemes.

 The postcards to Santa Cruz job seekers sound promising:

• Urgent: it is important that you call me immediately
• How I....secretly made MILLIONS and retired before the age of 30, all in the "bad economy" of the last four years.  
• Immediately respond to avoid disappointment
• Final Notice

A retired Santa Cruz schoolteacher received the green postcard which told him to call 800-725-4293 to find out the secrets of making millions. He was invited to listen to a recorded phone message. The salesperson at the company called LMI Direct told him that for only $9.95 for postage, he could have a trial period of the Secret Blueprint to make millions from home. He agreed to the $9.95 and provided his Visa number as requested.

The retiree took one look at the package they sent, realized it was an overpriced scam, and immediately returned it to LMI Direct. He thought that was the end of it. Next he received a charge of $299.75 on his bank account from the company, and weeks later another $299.75. There were an additional four charges over three months, all totaling $1,798.50, none of which he agreed to. 

With the assistance of his credit union, he was able to get the fraudulent charges reversed, but it took five months to investigate his claims and to receive the credit to his account. 

The Federal Trade Commission brought seventy actions against Deceptive Business Opportunity Schemes. The federal crackdown is called, Operation Lost Opportunity and targets scams that have taken millions of dollars from two million consumers.

The Santa Cruz District Attorney's Consumer Affairs Division warns residents to be wary of business opportunities, especially those requiring money up front:

• Companies that are looking to hire people to work at home never ask them to send money.
• Don't ever give your credit or debit card over the phone for a Business Opportunity or for a "prize" offer.
• Beware of telemarketing calls, postcards, or emails that say "Final Notice" or create a sense of urgency.
• Mystery Shoppers Wanted ads are common internet scams. They are not real offers to work.  

For more information, call the Consumer Affairs office at 454-2050.

PRESS RELEASE

1/18/13

FROM: Bob Lee, District Attorney

CONTACT PERSON:        William Atkinson, Assistant District Attorney

                                       Consumer/Environmental Protection Unit   (831) 454-2542           

Santa Cruz County District Attorney Bob Lee announced today that his Consumer and Environmental Protection Unit, along with the Environmental Protection Unit of the Monterey County District Attorney’s Office, has reached a settlement with Z-Con Specialty Services, Inc., an asbestos abatement contractor headquartered in San Jose, and its owner David Zanotti, for violations of environmental laws regulating abatement and emission of asbestos, a hazardous air pollutant. Z-Con Specialty Services and David Zanotti agreed to pay a total settlement of $180,000 in civil penalties, costs, and supplemental environmental projects to resolve this matter. The terms of the settlement also include a permanent injunction that requires strict compliance with asbestos-related laws and regulations.

The United States Environmental Protection Agency has stated that “Asbestos is a human carcinogen with no safe level of exposure.” Asbestos abatement is heavily regulated under federal, state, and local law because exposure to asbestos increases the risk of developing lung cancer, mesothelioma, and asbestosis, as well as other respiratory diseases.

In May 2011, August 2011, and August 2012, Z-Con Specialty Services was hired by local contractors to remove asbestos containing materials at various construction and demolition sites in Monterey County and Santa Cruz County. Violations committed by Z-Con at these projects include removing asbestos containing materials such as roofing paper, wallboard texture, and linoleum floor backing without using proper wet methods to prevent friable asbestos fibers from becoming airborne. Violations also include failing to remove all asbestos from a facility, failing to have a competent supervisor onsite, failing to conduct a proper asbestos survey to determine whether asbestos is present, failing to notify the Air District of a regulated asbestos abatement activity, as well as additional violations of the federal National Emission Standards for Hazardous Air Pollutants (NESHAP), California Health and Safety Code, Monterey Bay Unified Air Pollution Control District (MBUAPCD) rules, and Cal-OSHA regulations governing worker safety with respect to asbestos abatement.

Z-Con committed these violations of asbestos-related laws and regulations, despite a previous enforcement action by the District Attorney’s Office in Santa Cruz County, and previous administrative enforcement actions by the Monterey Bay Unified Air Pollution Control District.

Z-Con cooperated with the Monterey Bay Unified Air Pollution Control District, as well as the District Attorney’s Offices of Monterey County and Santa Cruz County, to resolve this matter. This case was investigated by the Monterey Bay Unified Air Pollution Control District, which regulates construction and demolition activities where asbestos containing materials may be disturbed.

Homeowners from both Santa Cruz and Watsonville have reported that salespeople are going door to door in some neighborhoods enticing homeowners to pay them the mortgage payment in order to stall or prevent a Trustee Sale of the home. These tactics do not work. Do not make a loan payment to anyone other than your lender. Television and newspaper ads frequently entice homeowners to make advance payments to companies who promise to obtain loan modifications or do "loan audits". Advance payments for loan modifications are illegal and most have no positive results.

The District Attorney's office urges homeowners in distress to avoid paying up front money to prevent foreclosure. Contact the following HUD approved agencies for assistance with loan modifications and foreclosure issues:

Surepath: 800-540-2227

H.O.P.E. 888-995-4673 www.995hope.org

Helping You Keep Your Home California 888-954-5337

 www.keepyourhomecalifornia.com <http://www.keepyourhomecalifornia.com>

 California Rural Legal Assistance 831-724-2253

(low income only)

Borrowers who believe they suffered financial injury by their lenders or loan servicers may

request a review of their mortgage foreclosures under Independent Foreclosure Review. December 31, 2012 is the deadline to submit a request to The Comptroller of the Currency and the Federal Reserve Board. Compensation for borrowers could range from $500 to $125,000 per homeowner for wrongful foreclosures, rejections of loan modifications, lost paperwork, unjustified delays and other errors. Borrows could be eligible for loan modifications and corrections to credit reports. Further details on the program can be found at:

888-952-9105

<http://www.independentforeclosurereview.com>

For additional questions and referrals call the District Attorney's Consumer Affairs office at 454-2050.

July 16, 2012

District Attorney Bob Lee announced today that his office will not file a criminal complaint based on the allegation that San Francisco Giants player Pablo Sandoval sexually assaulted a woman in Santa Cruz County on June 1, 2012.

The District Attorney’s office received a lengthy report authored by the Santa Cruz County Sheriff’s investigation division who independently concluded there was insufficient evidence to support prosecution or arrest.

"The Santa Cruz County Sheriff’s Investigation Bureau did an extensive investigation including interviewing witnesses, serving search warrants, reviewing security camera video tapes, text messages, toxicology reports and analyzing physical evidence. Based on review of this thorough investigation, the District Attorney’s office has reached this same conclusion." stated District Attorney Bob Lee

Lee further added "The nature and number of the complainant's inconsistencies leaves us unable to establish her version of events beyond a reasonable doubt. Nothing from the physical evidence and other witnesses helped corroborate her story. All the evidence that might be relevant to the contested issues of force and lack of consent is simply inconclusive".

For more information please contact District Attorney Bob Lee at 831-454-2597`

July 11, 2012

District Attorney Bob Lee announced today that on July 10, 2012, the Board of Prison Terms denied parole to Billy Mansfield Jr. He will not be eligible for another parole hearing until 2022. He is being held in the California State Prison at Solano.

In 1982 Mansfield was convicted of the December 1980 murder of Renee Saling and sentenced to 25 years to life in prison. Mansfield met Ms. Saling at a Watsonville bar where the two had been consuming alcohol. Witnesses saw Mansflield leave the bar with Saling. The next morning witnesses found Saling’s partially clothed corpse near the county dump; her underpants and jeans were on one leg only and her blouse was torn. A black cord was so tightly wound around her neck that a portion of it disappeared into her flesh. Mansfield was apprehended several days later driving through Winnemucca, Nevada.

Investigators in Florida subsequently found the bodies of four women buried in Mansflield’s backyard. One of the women was between the ages of 14 and 18 years. One of the women was found bound with cords and partially dressed. A fifth woman, who survived, was also violently bound with cords and partially dressed. Mansfield ultimately plead guilty to four 1st degree murders and one count of attempted sexual battery and was sentenced to serve four 25-to-life terms to be served concurrently with his California sentence.

Assistant District Attorney Michael Gilman appeared for the Santa Cruz County District Attorney's Office and argued that Mr. Mansfield should be denied parole. Based on that, the Board found that Mansfield would presently pose an unreasonable risk of danger to society if released. The Board noted that Mansfield has not availed himself of a sufficient amount of counseling and had sustained a prison rule violation for threatening a prison official in August of 2011. Mansfield recently stated, "I have killed a lot of people, both males and females. I starting to have that feeling again, like I did before. Something inside me says, "kill him." The Board found that because Mansfield had committed his crime in an especially heinous, atrocious or cruel manner, and because of his violent past and need for further insight into his crimes, it was justified in denying him parole consideration for an additional 10 years.

For more information please contact Assistant District Attorney Michael Gilman at 831-454-2516.

April 18, 2012

The Office of the District Attorney announced today that Victims' Rights March 2012 is

scheduled for April 25th from 6:00 - 7:30.p.m. The event is part of the nationwide recognition of

National Crime Victims' Rights Week, observed April 22 -28, 2012 . The week is designated as

a time to honor crime victims and our nation's progress in advancing their rights.

This year's theme - "Extending the Vision: Reaching Every Victim" - celebrates the vision

behind that progress and reflects the desire to assist all victims of crime.

The vision that launched the victims' rights movement emerged more than 30 years ago. Since

the 1980's, the nation has made dramatic progress in securing rights, protections, and services

for victims of crime. Every state has enacted victims' rights laws, and 32 states, including

California have constitutional victims' rights amendments. Yet there is still much to do. Victim

rights are not universal and are often not enforced. More than 50 percent of crimes are not

reported, and not all victims receive needed services. Yet victim advocates have not lost their

resolve.

The Office of the District Attorney is committed to the vision, determination and passion for

justice that victim advocates work for. National Crime Victims' Rights Week gives us an

annual opportunity to engage the public in the struggle for victims' rights. We will meet at the

courthouse steps located at 701 Ocean Street and proceed down Pacific Avenue, ending at

the town clock. Speakers are Bob Lee, District Attorney, Analicia Cube, Co-founder of Take

Back Santa Cruz and Stacey Reynolds, mother of Robbie Reynolds and co-founder of the

Santa Cruz Chapter of Compassionate Friends. Family members and friends will carry

enlarged photos honoring the memory of loved ones who died due to homicide. Citizens

wishing to participate may bring a personal photo of loved ones who have died due to crime.

We request the photos range in size form 8" x 10" or 16" x 20". The public is invited and

encouraged to attend.

APRIL 10, 2012

The Santa Cruz County District Attorney's Office announced today that they have posted more than a dozen videos and over a hundred photographs taken by the Santa Cruz Police Department during the takeover of 75 River Street in November 2011 on their website, <http://datinternet.co.santa-cruz.ca.us/>. We have taken this step in order to seek assistance from the general public in identifying participants seen committing any criminal act, including trespassing into the building and/or committing acts of vandalism. While for the past several months the Santa Cruz Police Department has attempted to identify additional participants who broke the law during the takeover, and in fact, have fully identified, and subsequently charged, at least 11 participants to date, there are many additional participants that need to be identified and held accountable for their actions. It is for this reason that we seek help from the community and their assistance in this matter.

For more information contact Assistant District Attorney Rebekah Young at 831-454-2400

April 2, 2012

District Attorney Bob Lee announced that Elliot Dess, 21, was sentenced today to two years in jail and three years probation for his vehicular manslaughter and felony hit and run convictions.

On June 8, 2011, 26 year old Zachary Parke was riding his bicycle on Empire Grade Road when Elliot Dess struck him from behind while driving his maroon Nissan Maxima. An eyewitness heard the crash and observed someone matching the description of Dess stop near the crime scene, inspect the car, and drive away on a flat tire. The California Highway Patrol issued a press release asking for information regarding a damaged maroon Nissan Maxima. A citizen later saw Dess' maroon Nissan Maxima parked behind a building on Delaware Avenue. After noticing fresh damage, the citizen immediately alerted authorities. Dess was arrested by the California Highway Patrol. When questioned, Dess lied to officers denying involvement in the hit-and-run . He instead claimed he struck a deer at a completely different location. DNA evidence taken from Dess' vehicle established that he struck and killed Zachary Parke.

On February 9, 2011, Dess pled guilty to vehicular manslaughter and felony hit-and-run in an open plea before the Honorable Judge Paul Burdick. Present at the sentencing were Zachary Parke's family and friends. The court viewed a video presentation commemorating Zachary Parke's life as a son, brother, friend, avid climber and bicyclist. Zachary's mother, father, and sister addressed the court. The court also heard arguments from the prosecuting attorney Jason Gill who urged the court to sentence Dess to 3 years in prison. However, the court instead imposed a two-year county jail sentence and three years of probation. Dess is required to perform 500 hours of community service, speak to high-school students about his experience and the dangers of reckless driving, and is prohibited from operating a motor vehicle throughout his probationary period.

For more information contact Assistant District Attorney Jason Gill at 831-454-2519

March 14, 2012

Santa Cruz District Attorney Bob Lee announced today that Juan Torres was denied parole in a hearing held on March 13, 2012 at Solano State Prison. Torres is serving a life sentence for the 1987 murder of Thomas Tacardon. The victim was shot by Torres outside of a bar in Watsonville, California.

Assistant District Attorney Erika Ziegenhorn argued against the release of Torres, now 71, in his second bid for parole. Torres has served 21 years of his 27 to life sentence for this murder.

The Parole Board, after reviewing the crime and Torres' progress while incarcerated, found Torres unsuitable for parole. The Board determined that Torres continues to pose an unreasonable risk to society if released at this time. The Board cited Torres' being only at the beginning stages of having insight into his crime and not yet having the tools to succeed outside of institutionalized living as evidence of Torres being unsuitable for release. Torres will not be eligible for another parole hearing for 5 years.

For further information, please contact Assistant District Attorney Erika Ziegenhorn at (831) 454-2568.

March 2, 2012

District Attorney Bob Lee announced today that Saul Aldana, age 21, pled no contest today to carjacking and active participation in a criminal street gang. He will be sentenced to eight years in the California Department of Corrections. Because the crime is considered a violent offense, he will not be eligible for parole until he has served 85% of his sentence, and he also received one strike under California's "Three Strikes" law.

The charges stem from an incident on October 7, 2011 where Aldana carjacked a disabled 41 year old Watsonville man near East Lake Avenue in Watsonville. The victim, who was permanently disabled as a result of being run over by a construction truck in 2006, had pulled off East Lake Road to make a u-turn. Aldana, who had been in the area drinking with fellow gang members, approached the truck and demanded the victim get out. The victim refused, telling Aldana he was disabled and needed his truck. Aldana then reached into the truck and forcibly pulled the victim out of the vehicle. He then demanded the victim's wallet and phone. When the victim refused, he ripped off the victim's pants, which contained the wallet and phone, and threw the disabled man into a mud puddle. Aldana then got into the truck and fought with the victim's female friend, punching her in the face and pushing her out of the vehicle as well.

Watsonville Police Department officers were alerted, and spotted the carjacked truck a short time later. Aldana attempted to flee from police officers, but fell and injured his face. He was taken into custody.

"This crime was just despicable, " said prosecutor Charlie Baum. "It really shows what gang members are: criminals that just pray on the weak. I hope this case helps all the kids who look up to gang members, for whatever reason, see them for what they truly are."

Aldana will be sentenced on May 3, 2012 in Department 6 of the Santa Cruz Superior Court. For further information, contact Assistant District Attorney Charlie Baum at 831 454-2400.

February 14, 2012

Re: Tax Evasion -Warrant Arrest

Santa Cruz County District Attorney Bob Lee said DA Inspectors arrested the owner of La Esperanza Markets today. Patricia Vazquez, owner of three La Esperanza Markets in Santa Cruz County, was arrested and booked at the Santa Cruz County Jail on a $10,000 misdemeanor Warrant. Charges were 12 counts of operating a business without a sellers permit (R&T 6701).

The investigation began with the California State Board Of Equalization investigating failure to pay collected Use & Sales Taxes to the State.

The three La Esperanza Markets were located at 341 Ocean Street, 1204 Mission Street, and 2-1400 E. Cliff St in Santa Cruz.

February 14, 2012

District Attorney Bob Lee announced today that two Sacramento men have been arrested in connection with catalytic converter thefts in Santa Cruz County. Earlier this morning, brothers Yee Lee and Fue Lee were arrested in their residence during a joint operation by the Santa Cruz County Auto Theft Reduction Enforcement (SCARE) team, the Santa Cruz Police Department, the Watsonville Police Department, and the California Highway Patrol. The two were found in possession of stolen automobile parts and made admissions concerning the theft of catalytic converters in Santa Cruz in November 2011.

"We are pleased to have yet more arrests in the rash of catalytic converter thefts," said prosecutor Charlie Baum. "The defendants are believed to be responsible for at least five catalytic converter thefts in Santa Cruz, and several vehicle thefts as well." The defendants are also Hmong Vietnamese, Baum said, but it still unknown whether they have any connection to Thai Vue and Seng Her, two other Hmong Vietnamese from Sacramento who were arrested on February 1st stealing catalytic converters in Watsonville. "We are actively investigating whether these two groups are connected, and expect more information to come out."

The Lee brothers will be arraigned later this week. For further information, contact Assistant District Attorney Charlie Baum at 831 454-2400.

February 10, 2012

Re: Workers Compensation Enforcement

Santa Cruz County District Attorney Bob Lee announced that DA Inspectors issued citations to L&M Auto Repair business at 27 First Street in Watsonville on Thursday 2/9/12. The citations were for failing to have a proper license from the California State Bureau of Auto Repair and Failure to have required Workers Compensation Insurance coverage for employees.

The District Attorney Investigations Bureau conducts ongoing enforcement of businesses failing to have required Workers Compensation Insurance coverage on employees. Businesses who do not carry the insurance can undercut prices of the legitimate businesses because they have less overhead. Enforcement and compliance provides a level playing field for all businesses.

Workers Compensation Insurance is required by state law for businesses who have employees.

Proof of coverage must be posted at the place of business. Workers Compensation Insurance not only provides help to injured workers, it protects businesses from certain liability.

To report suspected business violators contact the Investigations Bureau of the District Attorney at (831) 454-2121.

February 8, 2012

Charges against individuals include trespassing, conspiracy to commit trespass, and felony vandalism.

The investigation is ongoing. More people may be charged and more charges may be filed depending on the results of the continuing investigation.

The District Attorney's Office remains committed to enforcing the law, protecting private and public property, and holding people accountable for the destruction and illegal occupation of property.

February 3, 2012

 District Attorney Bob Lee announced that a man accused of making threats that led to a lockdown on the Cabrillo College campus pleaded guilty to all charges which included one felony count of stalking, two misdemeanor counts for making annoying and obscene phone calls, and one misdemeanor count for willfully disturbing a public school.

Nigel Self, 45, was a student at the college when he was arrested on campus in March of last year. The Santa Cruz man never fired a shot on campus and was not armed, but made statements about shooting students and officials during therapy sessions in San Francisco.

At the preliminary hearing, Gary Gilliam testified that Self left rambling and profanity-laced phone messages on his answering machine that included threats to inform his wife about a marital affair after Self learned that he was going to get kicked out of the therapy group they attended.

Gilliam called the Santa Cruz County Sheriff's Office, and reported that a Cabrillo student was upset and made serious threats toward officials and students. Sheriff's officers detained Self on the Cabrillo College campus on March 14th.

At the time of the arrest, authorities found a brown paper bag with a list of several names of officials, including the president of the college, in Self's vehicle. Self told authorities that he had recently taken a gun safety course at Markley's Indoor Range & Gun Shop.

At a hearing on November 2nd, Judge Paul Burdick dismissed the charge that Self attempted to make criminal threats because the evidence was insufficient to proceed to trial on that particular charge, but left the remaining charges intact.

Self appeared in court Thursday morning and put himself at the mercy of the court by pleading guilty to all of the remaining charges listed in the information. Judge Paul Burdick sentenced Self to three years of probation with intense supervision by the mental health team to ensure that he receives counseling and medication. He also ordered Self to serve 90 days of home confinement with GPS monitoring. Finally, Self was ordered to stay away from the victim and the Cabrillo College campus, among other terms.

"We take threats on school campuses very seriously. Despite the evidentiary issues that made this case much more difficult, we are pleased with the outcome. Hopefully this sends a strong message to everyone that our campuses should remain safe from violence and threats of violence," said Assistant District Attorney Rafael Vazquez.

For more information please contact Assistant District Attorney Rafael Vazquez at (831) 454-2514.

February 3, 2012

District Attorney Bob Lee announced today that seventeen felony charges have been filed against Thai Vue and Seng Her, who are accused of stealing an automobile and catalytic converters in Watsonville. The pair were arrested by Watsonville Police Department Officers after an alert neighbor called in the attempted theft of a vehicle on February . The two were detained at the scene, and had a stolen car, burglary tools, and three different catalytic converters in their possession. The two were apparently attempting to take a fourth catalytic converter when they were arrested. Vue was also in possession of methamphetamine.

"Over the past two weeks, the District Attorney's Office has been working closely with a multiagency task force focused on the theft of catalytic converters," said Assistant District Attorney Charlie Baum, who is prosecuting the cases on behalf of the District Attorney's Office. "The task force includes officers from the Santa Cruz Auto Theft Reduction Enforcement (SCARE) team, members of the Santa Cruz County Gang Task Force, and officers from the Santa Cruz and Watsonville police departments. We are pleased to have the first successful arrests in these cases, and are working hard to ensure these are the first of many."

Vue and Her, who told police they are Thai nationals, will be arraigned tomorrow.

For further information, contact Assistant District Attorney Charlie Baum at 831 454-2400.

January 18, 2012

District Attorney Bob Lee announced that parole was denied for Barry Austin Brown. who was convicted in 1974 for robbing and murdering the night clerk at a 7 Eleven store in Santa Cruz.

Prosecutor David Sherman traveled to Vacaville State Prison to argue against the release of Brown, now 57, in his 11th bid for parole. Brown is serving a sentence of seven years to life for the death of the Santa Cruz victim, and for two other victims also shot to death in San Mateo County within a few weeks of the Santa Cruz murder. Brown has already served 37 years in prison.

Brown has insisted for the past 15 years that it was his girlfriend who actually fired the gun, and he was merely present at the scene of the crime. He argued that he was only 21 at the time of his conviction, and after 37 years as a "model" prisoner he has paid his debt to society and he should be suitable for parole.

The Parole Board found that Brown has been very successful within the institution. He is a good worker, highly trusted, and apparently sincere in his rehabilitation.

Sherman argued that Brown still lacks insight as to "why" he became involved in this crime spree, and it's troubling that he still hasn't come to grips with the person he was then. Sherman argued that Brown still posed a danger to the community based on his senseless, callous, and pre-meditated multiple killings.

The Parole Board agreed, and cited Brown's failure to demonstrate appreciable insight and his reluctance to engage in an honest examination of what led him to participate in these murders.

Brown is not eligible to apply for parole again for the next three years.

For more information contact Assistant District Attorney David Sherman 831-454-2400

January 12, 2012

Santa Cruz County District Attorney Bob Lee announced today that his office has filed a Stipulated Judgment against World Reserve Monetary Exchange, Universal Syndications Inc., an Ohio corporation and Rodney Napier. Under the terms of the settlement the companies and Mr. Napier are prohibited from advertising to California consumers the gift of a free item with the purchase of one of their products unless the item is in fact free. The company is also prohibited from picturing products without clearly and conspicuously identifying the total price for each item pictured. As part of the stipulated judgment the company will pay civil penalties and costs of $223,000 and set up a restitution program to reimburse $10,000 to Santa Cruz County purchasers who return their coin products.

The case began when a Santa Cruz County consumer answered an advertisement for free uncirculated gold quarters. When they coins arrived they were gold colored unofficial coins and his credit card was charged $34.88 and would be charged $32.83 per month for 5 months. When he called the company to complain he was told by the automated system he would be on hold for 2 hours. He eventually contacted the Consumer Protection Unit of the District Attorney's office who contacted the company. When an agreement could not be reached the suit was filed against the company and its officers.

Full-page color ads run by the company in USA Today pictured a filled 40-coin holder with a headline that read 'Handout of new U.S. Gov't Presidential Dollar coins surge as public snaps them up for free'. The advertisement failed to mention that 32 of those coins had not been minted and that the price for the completed set would cost hundreds of dollars more than the advertised price. "These type of ads are luring unsuspecting consumer by advertising free coins when they are not free. When the consumer must purchase a product with an inflated price to receive a 'free' coin, that coin is not free. The law does not allow companies to use the word free unless it really is free", stated Santa Cruz Assistant District Attorney Kelly Walker, who has been handled the case for the past 3 years.

For more information contact Assistant District Attorney Kelly Walker 831-454-2559

January 9, 2011

 Prosecutors from Santa Cruz, Napa, Alameda, Marin, Monterey, Orange, Santa Clara, Shasta, Solano, and Sonoma County District Attorney’s Offices, reached a settlement with Florida-based defendants GeoPharma, Inc., Breakthrough Engineered Nutrition, Inc., Mihir Taneja and Carol Dore-Falcone. Under the terms of the settlement the companies and individuals are prohibited from selling or delivering to California residents the dietary supplements called DEX-L10, Hoodia Gordonii DEX-L10, DEX-L10 Complete and/or Hoodia Gordonii DEX-L10 Complete, or any dietary supplement that states on the label that it contains Hoodia gordonii or that has Hoodia Gordonii in the name of the product, unless such product contains the amount of Hoodia Gordonii set forth on the label. The case began as an investigation by Santa Cruz County District Attorney's office and was later joined in by other counties.

In court papers filed by the district attorneys, they noted that Hoodia gordonii first came to the public’s awareness in November 2004, when the television show 60 Minutes reported on the use of a native succulent plant, known as Hoodia gordonii, by San tribesmen in the Kalahari Desert of southern Africa to suppress appetite on long journeys. The tribesmen reported that they cut off parts of the Hoodia plant and sucked on it during long walks and that it curbed their appetite. Partially as a result of this news story, numerous companies began to produce pills, capsules, gel caps and liquids that allegedly contained Hoodia and marketed them to consumers as appetite suppressant and weight loss products. This created a demand and a corresponding price increase for Hoodia. Products that advertised they contained Hoodia were much in demand and the supply of Hoodia, an endangered plant, became much more limited. Some suppliers began substituting less expensive material and claimed it was Hoodia. Companies began testing their products and other company's products for the presence of Hoodia and found many products on the market did not contain any Hoodia. Two of these products were Dex-L10 and Dex-L10 Complete.

The District Attorneys had earlier obtained an injunction against the company, which prevented the sale of their products. Following the injunction, the parent company GeoPharma, declared bankruptcy leaving a company once traded on the New York stock exchange, in financial ruin. "When a company uses false or deceptive advertising to sell their products, we are proscribed by law to stop the company from continuing theadvertising and to obtain civil penalties to penalize the company. While our goal is to stop unlawful advertising, this company decided they were not able to continue in business without violating our laws", Lee stated.

The settlement includes an injunction against the principals of the company, Mihir Taneja and Carol Dore-Falcone. They are enjoined from making any claims about the efficacy of a product without having competent and reliable scientific evidence that substantiates such claim or representation.

For more information contact Assistant District Attorney Kelly Walker at 831-454-2559

January 5, 2012

District Attorney Bob Lee announced that Jeronimo "Sinbad" Carranza, a known felon and gang member, was sentenced to 7 years in state prison for selling cocaine. This was Carranza's second conviction for possessing cocaine with the intent to distribute, having previously been sentenced to 2 years in state prison in 2009.

The charges stemmed from an incident that occurred on July 7, 2010, when officers from the Watsonville Police Department (WPD) spotted Carranza, a wanted parolee, driving in the area of Union and Beach Street in the City of Watsonville. When WPD attempted to arrest Carranza he fled. After a short foot pursuit he was apprehended.

On August 18, 2011, Carranza entered a plea admitting that he was an active gang member and possessed cocaine with the intent to distribute. Additionally, Carranza admitted that he had previously been committed to state prison, had previously been convicted of a drug sales offense, and had a "strike" prior conviction.

Carranza, who is 23 years old, will be required to serve 80% of his sentence prior to becoming eligible for parole.

For more information, please contact Assistant District Attorney Alex Byers at (831) 454-3181.

January 4, 2012

District Attorney Bob Lee announced that dietary supplement distributors Iovate Health Sciences, Inc., a Canadian corporation, and its American affiliate, Iovate Health Sciences USA, Inc., have agreed to pay a total of $1.5 million in civil penalties and costs in the settlement of a lawsuit brought by the district attorney’s offices in Santa Cruz, Napa, Alameda, Marin, Monterey, Orange, Santa Clara, Shasta, Solano and Sonoma counties. The lawsuit alleged that the company engaged in false and misleading advertising in connection with the marketing and sale of certain of its dietary supplement products, and violated Proposition 65, which requires a warning label on products that expose the consumer to over one-half microgram of lead per day.

The settlement pertains to Iovate products marketed and sold throughout the state of California, and requires the Iovate companies to pay $1,200,000 in civil penalties that will provide support for the future enforcement of California consumer protection laws. The agreement also provides for $300,000 in investigative costs. It is the second largest multi district attorney dietary supplement settlement of its kind in California history.

The Iovate companies market and sell dietary supplement products in California and throughout the U.S. and Canada. The district attorneys' lawsuit accused Iovate of making false and misleading representations in connection with the marketing and sale of certain of its products, including Accelis, nanoSLIM, Cold MD, Germ MD, EZ-Swallow Rapid-Tabs, Germ MD Effervescent Tablets, Allergy MD, and Allergy MD Rapid-Tabs. It also alleged that Iovate's Cold MD product was an unapproved, new drug, the sales and distribution of which are illegal under California law.

The investigation by the district attorney’s offices also revealed that Iovate was marketing and selling a product containing lead in violation of California's Proposition 65, which requires that all products containing more than one-half of a microgram of lead be marked with warning labels. Laboratory tests revealed that certain lots of its Cold MD product contained significantly more than one-half microgram of lead in a single dose of the product. Iovate did stop selling Cold MD back in 2008.

The Iovate companies did not admit fault or liability, but have agreed to abide by comprehensive court orders to prevent any future unfair or deceptive business practices.

For more information please contact Assistant District Attorney Kelly Walker at 831-454-2559.

January 4, 2012

District Attorney Bob Lee announced that Vladimir Ebel was sentenced today to eighteen years in prison, after pleading to charges of active participation in a criminal street gang, attempted murder, and personal use of a firearm. The charges stemmed from an incident on July 6, 2010 where Ebel and another gang member, Cameron Diehl, approached a housing complex on Sycamore Street in Santa Cruz. Their purpose was to confront rival gang members and provoke a confrontation. As they entered the complex, an opposing gang member brandished a knife and challenged them. Ebel pulled out a firearm and fired multiple shots, hitting the victim four times. The victim eventually recovered from his injuries. Ebel fled the area and was able to evade capture for several months; he was finally located and arrested in February 2011.

Ebel is a documented gang member with multiple gang tattoos on his face and body. He had previously been convicted of active participation in a criminal street gang and felony assault in 2009. He will serve a minimum of fifteen years before becoming eligible for parole. "We are satisfied with this outcome," said Assistant District Attorney Charlie Baum. "Mr. Ebel has been a problem for this community for some time, and I am gratified that he will be off the streets for at least fifteen years." ADA Baum also commended the work of the Santa Cruz Police Department, who initially investigated the case and actively continued the hunt for Ebel until he was finally arrested seven months later.

For further information, contact Assistant District Attorney Charlie Baum at 831 454-2400.

December 20, 2011

District Attorney Bob Lee announced that Donovan Hicks Barclay pled no contest to Felony Driving Under the Influence, Felony Driving with a .08% or higher blood alcohol level, and admitted a special allegation that his blood alcohol level was .15% or higher. During a court trial, Judge Ariadne Symons found that Mr. Barclay had committed a prior violation of vehicular manslaughter as a juvenile. Judge Symons then ruled that the prior juvenile violation was properly used to elevate the current DUI conviction to a felony.

Defendant is set to be sentenced on April 21, 2012 in Department 7. There has been no sentencing agreement and defendant pled open to the court. He faces a maximum sentence of 3 years in State Prison. Also, based on his prior violation, he is unable to serve that time in county jail.

On November 18, 2010, around 12:35 am, defendant, Donavon Hicks Barclay was driving on Summit Road just south of Bayview Drive. A witness was driving west on Bayview Drive and saw headlights traveling at what he estimated to be 55-60 miles per hour. He observed the headlights dip off the east edge of Summit Road and then heard a crash. The witness continued to the scene and yelled down to the vehicle, asking "anyone there." He waited at the scene until assistance arrived. Defendant was pulled out of the vehicle and life flighted to Valley Medical Center for treatment. Defendant's blood alcohol level was almost double the legal limit.

"We are pleased that the Court upheld the use of his prior vehicular manslaughter adjudication" Prosecutor Michael McKinney said, "as it holds him appropriately accountable for driving under the influence after he has seen the consequences firsthand." This case also presented unique issues, as the prior vehicular manslaughter was committed as a juvenile and this is the first time one has been used to elevate a DUI to a Felony.

For further information please contact Assistant District Attorney Michael McKinney at 454-2516.

DECEMBER 12, 2011

District Attorney Bob Lee announced that professional surfer Anthony Ruffo pleaded guilty to all charges which included possessing methamphetamine for sale, being under the influence of a controlled substance, unlawfully possessing a stun gun, and admitted for sentencing purposes that he suffered a prior conviction in 2005 for possessing methamphetamine for sale.

Anthony Ruffo was arrested on July 14, 2010 after officers of the Santa Cruz Police Department raided Ruffo's house and seized approximately an ounce of methamphetamine worth more than $3,000 on the street. When officers entered the house with a search warrant, Ruffo's girlfriend, Christina Scroggins, allegedly flushed methamphetamine down the toilet.

The bust at Ruffo's home, on the 1400 block of Laurel Street, mirrored a raid at the house six years ago. In that 2005 case, officers found Ruffo flushing methamphetamine down the toilet. He later pleaded guilty to possession of methamphetamine for sale as a result of that bust.

Ruffo appeared in court Monday morning and put himself at the mercy of the court by pleading guilty to all charges listed in the information. Citing the State's new realignment plan under AB109, which now allows all drug dealers no matter how many prior drug sale convictions they suffered to avoid state prison sentences and cuts their sentences in half, Judge Paul Marigonda indicated that Ruffo was not eligible to serve any time in prison and also added that long term incarceration at the local county jail may likely cause an undue economic burden to the County of Santa Cruz.

Assistant District Attorney Rafael Vazquez strongly argued against the court's logic. "If the court cannot send drug dealers to state prison under AB109 or to county jail because of the cost, then where does that leave our community? Not only is Anthony Ruffo getting a break, but the court is giving a green light to every drug dealer to sell drugs in our community without fear of serious consequences. The fact is, drug dealers cost our community more than just money - they ruin lives." Vazquez said.

Anthony Ruffo is expected to return to court on February 21, 2012 for receipt of the probation department's sentencing recommendation and for sentence.

For more information please contact Assistant District Attorney Rafael Vazquez at (831) 454-2514.

December 5, 2011

District Attorney Bob Lee announced that on Thursday December 1, 2011, Peter Sigmund of Brookdale, pleaded guilty to 11 counts of child sexual abuse against two young boys. Sigmund also admitted that he produced and possessed child pornography and that he exhibited harmful matter to a child with the intent of seducing the child. He will be sentenced to 25 years in state prison on February 1, 2011.

Sigmund, who is 44, is being held without bail in the County Jail pending sentencing.

For more information, please contact Assistant District Attorney Ross Taylor at (831) 454-2567.

October 26, 2011

     District Attorney Bob Lee announced today that on Tuesday, October 25, 2011, Alvaro Melendrez, entered plea, before the Honorable Judge Ariadne Symons, admitting he is an active gang member, a "Strike", and unlawfully possessing a firearm. He will be sentenced to 4 years in state prison on December 6, 2011.

     On June 8, 2011, Officers from the Watsonville Police Department (WPD) located Melendrez, a wanted parolee, in area of Ginos Court in Watsonville. When WPD attempted to arrest him a short foot pursuit ensued. Melendrez was subsequently taken into custody. WPD searched the scene of Melendrez' arrested and located a loaded, unregistered .38 caliber revolver.

Melendrez, who is 26, is being held in the County Jail pending sentencing.

For more information, please contact Assistant District Attorney Alex Byers at (831) 454-2557.

October 26, 2011

     District Attorney Bob Lee announced today that on Wednesday, October 26, 2011, Aaron Amezcua, entered plea admitting he is an active gang member, a "Strike", unlawfully possessing a firearm, child endangerment, and committing a crime while on bail. He will be sentenced to 4 years and 8 months in state prison on November 9, 2011.

     On August 22, 2011, Officers from the Watsonville Police Department (WPD) contacted Amezcua, a female, and another gang member at Ramsey Park in Watsonville. As the Officers approached Amezcua tossed a loaded, unregistered .22-caliber handgun. Amezcua was immediately taken into custody.

     On September 16, 2011, Amezcua entered a plea to being an active gang member and unlawfully possessing a firearm. Following his plea he was allowed to remain free pending sentencing on the $75,000 bond posted. He was to be sentenced to 3 years in State Prison.

     On September 21, 2011, Officers from the WPD conducted a search of Amezcua's bedroom and located a second loaded, unregistered .380 caliber handgun. Amezcua was not home at the time. He was eventually located and arrested by WPD on October 10, 2011.

Today, Amezcua entered the plea before the Honorable Judge Paul Marigonda. In a plea deal, with the Judge, Amezcua will serve 4 years and 8 months in State Prison. The Prosecution had sought more time in prison.

Amezcua, who is 25, is being held without bail pending sentencing.

For more information, please contact Assistant District Attorney Alex Byers at (831) 454-2557.

September 20, 2011

Last Friday Judge Freedman of the Alameda Superior Court issued a Preliminary Injunction prohibiting defendants Suarez Corporation Industries (SCI) from selling, delivering, proffering for delivery, offering for sale or giving away the DPL Therapy System to any person or entity located in the State of California unless SCI does so in conformity with the United States Food & Drug Administration regulatory approval of the DPL device.

A civil law enforcement action was filed on June 14, 2011 in Alameda County by the District Attorneys for the counties of Santa Cruz, Alameda, Marin, Monterey, Napa, Orange, Santa Clara, Shasta, Solano, and Sonoma against SCI and Benjamin D. Suarez (Suarez), an officer of SCI and resident of Canton, Ohio.

SCI is a direct to consumer marketing company operating under the fictitious business name of BioTech Research that sells dietary supplements and medical devices to California residents. According to the complaint, BioTech Research does not manufacture, research or develop any of its products but simply sells products manufactured by other companies "in the United States, China, Hong Kong, Taiwan, Japan, Israel and Canada" by marketing these products via newspaper advertisements, direct mailers and Internet WebPages.

The lawsuit alleges that the defendants have "made unsubstantiated, false and/or misleading claims, explicitly and implicitly" in the sales of eighteen specific products. The civil complaint follows a multi-year investigation of Suarez and SCI. The lawsuit is seeking an injunction against the defendants and $6 million dollars in restitution and civil penalties. The District Attorneys’ request for a Preliminary Injunction argued that SCI’s advertising claims concerning the attributes and capabilities of the DPL Therapy System went "significantly beyond those intended uses allowed" by the FDA (Food and Drug Administration) and hence the device was not cleared for sale and misbranded under both California and Federal law. The civil complaint also alleges that defendants have violated California law by "selling, delivering and/or giving away new drugs or devices without having first obtained approval by the California Department of Health Services."

The lawsuit references that the "defendants have an extensive history with law enforcement as a result of defendants’ use and employment of deceptive advertising" including cases prosecuted by the FDA, the Attorney Generals of Indiana, Ohio, Washington and West Virginia, the United States Postal Service, the New Jersey Bureau of Securities and California District Attorneys. (The filed complaint has a listing of previous law enforcement actions prosecuted against SCI.) One such action, according to the complaint, brought by the Ohio Attorney General was "for false labeling and advertising in selling No-Hunger Bread, a diet-aid product SCI also claimed could cure cancer."

In 2006, California District Attorneys obtained a judgment against SCI for deceptive marketing of a dietary supplement called AbGone, and because this supplement exposed the user to more than 5 mcg of lead per day, in violation of Proposition 65. That judgment enjoined SCI from selling the original AbGone product in California, and from engaging in false or deceptive advertising. The judgment also ordered SCI to pay $150,000 in civil penalties and $125,000 in costs. The new complaint filed in Alameda, alleges that Defendant SCI is in violation of the stipulated judgment filed in 2006 by making "statements concerning any dietary supplement product marketed or sold by SCI which is untrue or misleading, and which is known, or which with the exercise of reasonable care should be known, to be true or misleading."

The District Attorneys are asking the court to award restitution to California consumers who purchased products from SCI, civil penalties for violating California law and injunctive relief.

August 17, 2011

District Attorney Bob Lee announced today that Rene Hernandez of
Watsonville, age 29, who was convicted on July 6  of kidnapping, rape
and digital penetration was sentenced by Judge Rebecca Connolly to the
maximum  combined sentence possible, 30 years to life. The mandatory
minimum for each sex crime was 15 years to life, with the possibility
of a second 15 to life term which could be consecutive or concurrent.
The District Attorney and the Probation Department recommended the
thirty year sentence. Judge Connolly found that the crimes were
sufficiently aggravated, unprovoked, and committed against a helpless
victim, and that accordingly the  consecutive terms should be imposed.

The victim did not appear in court. She had earlier asked the Court to
impose the longest possible sentence.

Two female members of the defendant's family asked for concurrent
sentencing, as did the defendant. Mr. Hernandez spoke on his  own
behalf. He  apologized to his family members for what he called his
"one mistake". He made no mention of the victim, and offered no
explanation for his crimes.

June 17, 2011

District Attorney Bob Lee announced that Ronald "Anvil" Silveira was sentenced yesterday to three years in prison, after pleading to charges of active participation in a criminal street gang, possession of marijuana for sale, possession of cocaine, possession of methamphetamine, unlawful possession of oxycontin, possession of two unlawful firearms, and maintaining a residence for purposes of drug sales.

Following information concerning drug activity from several sources, police officers from the Santa Cruz Street Crimes unit served a search warrant on Mr. Silveira's residence on November 3, 2010. They found multiple weapons, including illegal knives, brass knuckles, a taser and two firearms concealed beneath the floor, as well as gang indicia and a variety of illicit substances.

The defendant had no plea agreement with the prosecution, but admitted all charges in the hopes of receiving leniency from the judge.

Prosecutor Charlie Baum stated that he was satisfied with the sentence of three years in prison, noting that both the Probation Department and the defense attorney had sought probation. "The defendant's activities had a severe impact on this neighborhood, and the prison sentence appropriately reflects that ." Baum expressed thanks to the nearly 40 neighbors who wrote letters to the judge and signed a petition urging the judge to send Silveira to prison. "The community made their voice heard, and that made a tremendous difference in the outcome."

Baum also praised the work of the Santa Cruz police Department Street Crimes unit, particularly Officer Laurel Shonfield, who obtained the information leading to the arrest, and Sgt Stefan Fish, who coordinated with the various neighborhood watch groups and spoke at the sentencing.

For further information, contact Assistant District Attorney Charlie Baum at 831 454-2400.

June 15, 2011

June 14, 2011

District Attorney Bob Lee announced that Miguel William Balderos, age 53, was sentenced yesterday for two felony arsons and threatening a public official. On July 2, 2010 Mr. Balderos set fire to the Atchison Building at 333 Church Street, the offices of the City Attorney’s Offices for the City of Santa Cruz. Mr. Balderos also set a fire in a garbage dumpster in the back parking lot of the Atchison Building. At the time of his offense, the Defendant was on felony probation for a second degree burglary.

Mr. Balderos pled to all three felony counts. He also admitted as true that he had two prior serious felony convictions and five prison priors. Assistant District Attorney Nicole Ellen Jones asked the Court to sentence Mr. Balderos to 12 years and 8 months in the Department of Corrections and Rehabilitation. The Defense asked the Court to strike both of Mr. Balderos’ serious felonies and sentence him to probation.

The Honorable Judge Paul Marigonda struck the Defendant’s 1991 prior serious felony conviction for residential burglary and dismissed his five prison priors. The Court declined to strike the Defendant’s 2004 robbery conviction from the State of Florida and sentenced Mr. Balderos to 10 years and 8 months in the Department of Corrections and Rehabilitation.

Assistant District Attorney Nicole Ellen Jones said, "This community will not tolerate Mr. Balderos’ outrageous and threatening conduct."

For more information, please contact Assistant District Attorney Nicole Ellen Jones at (831)454-2554.

June 9, 2011

Re: Sting Operation

June 3, 2011

District Attorney Bob Lee announced that Nico Uriel Habecker, age 32, was sentenced yesterday for felony driving under the influence, hit-and-run, and possession of metal knuckles. The Defendant’s three prior driving under the influence convictions elevated his fourth, in this case, to a felony. At the time of the offense the Defendant was on two grants of felony probation; one for assault with a deadly weapon and a second for possession of marijuana with intent to sell.

Mr. Habecker was convicted at a jury trial. He was also convicted of a strike allegation for his prior assault with a deadly weapon conviction. Assistant District Attorney Nicole Ellen Jones urged the Court to sentence the Defendant to the maximum sentence of five years and four months in the Department of Corrections and Rehabilitation. The Defense urged the Court to once again give the Defendant probation. The Honorable Judge John Gallagher found the Defendant unsuitable for probation and sentenced him to four years in the Department of Corrections and Rehabilitation.

For more information, please contact Assistant District Attorney Nicole Ellen Jones at (831)454-2554.

June 2, 2011

District Attorney Bob Lee announced that Oscar Cruz was sentenced today to three years in prison, after pleading to charges of active participation in a criminal street gang, felony assault on a police officer, misdemeanor assault, burglary, theft, and possession of stolen property.

The charges stemmed from an incident in the early morning hours of November 28, 2010. Watsonville police had received reports about an individual breaking into cars, and Officer Brian Fulgoni responded to the area. He saw the defendant, Oscar Cruz, leaning into a vehicle and ordered him to step away from the car. Instead, the defendant got inside the car and sat down, ignoring repeated commands to step out of the car. Officer Fulgoni opened the door of the car and saw what appeared to be an assault weapon in the back seat. Fearing for his safety, he pulled the defendant from the car. The "assault weapon" turned out to be a replica gun that had been painted to look realistic.

Once out of the car, the defendant attacked Officer Fulgoni. He attempted to put Officer Fulgoni in a headlock several times, and eventually succeeded. He choked off Officer Fulgoni's air supply for 10 - 15 seconds, and the officer nearly lost consciousness. Fortunately, Officer Fulgoni was able to break the defendant's hold, and with the assistance of two bystanders was able to detain the defendant until other officers arrived. The defendant had property stolen from numerous other vehicles he had burglarized that night, including a laptop and an iPod.

Richard and Jon Dallimonti, a father and son who lived nearby, saw the incident and stepped forward to help Officer Fulgoni. Richard helped the officer hold the defendant down while his son Jon told the backup officers what was going on. The two were honored with the Good Samaritan Award from the Red Cross last month for their assistance to Officer Fulgoni.

Prosecutor Charlie Baum objected to the defendant's sentence, saying the defendant deserved the aggravated term of 5 years in prison. "This defendant chose to escalate a simple encounter into a life-threatening incident", he said. "There could have been serious injury to the officer, to the defendant himself if the officer had been forced to use his firearm, or to bystanders." Baum also noted the defendant was wearing gang clothing and a gang hairstyle at the time of the offense, and had a long history of gang association. "We are glad this defendant is going to be off the streets for at least a while."

For further information, contact Assistant District Attorney Charlie Baum at 831 454-2882.

June 2, 2011

District Attorney Bob Lee announced today that on Wednesday June 1, 2011, Rosalio Cortez, a criminal street gang member, was sentenced to 5 years in state prison.

On March 15, 2011, Officers from the Watsonville Police Department's Gang Unit took Cortez into custody for violating the terms of his State Parole. Cortez was on parole for narcotics sales. A search of Cortez revealed that he was again selling narcotics including heroin and methamphetamine.

On April 29, 2011, Cortez pled guilty to being an active gang member, possessing heroin for sales, and possessing methamphetamine. Additionally, he admitted various prior felony convictions, including a prior conviction for robbery.

On June 1, 2011, the Honorable Judge Paul Burdick found Cortez unsuitable for probation and sentenced Cortez to 5 years in State Prison.

For more information, please contact Assistant District Attorney Alex Byers at (831) 454-2557.

May 27, 2011

District Attorney Bob Lee announced that John Anthony Zamora was sentenced today for the attempted murder, shooting causing great bodily injury, shooting at an occupied motor vehicle, felon in possession of a firearm, domestic violence causing injury, kidnapping , false imprisonment and three prison priors. The defendant was sentenced to 38 years to life in prison. John Zamora was convicted by a jury on 12/21/10.

The sentence involved two separate instances. The first instance was the attempted murder, shooting at an occupied vehicle, shooting a firearm causing great bodily injury and felony in possession of a firearm on May 22, 2008. In this case the victim his girlfriend had tried to break up with him again. He showed up at her house with a loaded gun. He got in the back of the car she was driving and they drove around Watsonville with John Zamora holding the gun and verbally abusing his girlfriend. Eventually he told her to stop, got out of the car and as she drove away he opened fire on her car. He shot out her back window, shot right through her wrist as she had her hands on the steering wheel and into her dashboard. She was able to drive away and made it to the hospital where she was treated for a bullet wound that went through her wrist.

The second instance was the kidnapping and domestic violence on 9/16/07. In that case the defendant was driven to his girlfriend's house by his mom. His girlfriend had broken up with him and he wanted to talk to her. She agreed to talk with him but when she tried to end the conversation he forced her in the back of the car his mother was driving. He told his mom to drive and then he started to beat her. His mom drove them through Watsonville while he beat his girlfriend in the back seat. She had black eyes, was bruised, battered and bloodied. He even bit her on the arm leaving a mark. Eventually he stopped beating her and he got out of the car at an apartment complex where he had directed his mother to drive. After the defendant got out of the car his mom drove his girlfriend back to her house.

Unfortunately these were not the first incident of domestic violence as the John Zamora had inflicted domestic violence on her many times before. John Zamora had also inflicted domestic violence on other girlfriends on multiple occasions and was in fact convicted of domestic violence of two separate girlfriends and had actually been sent to prison as a result of one of the prior convictions.

In the case he was sentenced for today people asked for the maximum sentence of 40 years 4 months to life with the judge ultimately sentencing the defendant to 38 years to life. A 13 year sentence for the crimes followed by a 25 year to life special enhancement for shooting a firearm causing great bodily injury in the course of and attempted murder.

Assistant District Attorney Steve Drottar was the prosecuting attorney. Any questions please contact him at (831) 325-5602

APRIL 15, 2011

District Attorney Bob Lee announced that Steven Jay Sande, age 61, of Santa Cruz, pled guilty as charged before Judge Jeffrey Almquist to 12 separate felony crimes of sexual abuse of a minor under the age of 14. He also admitted 7 related charges of child pornography and using a computer to facilitate the commission of crimes against a minor, for a total of 19 felonies. The victim of these crimes was a female student at Aptos Junior High School.

Mr. Sande pled guilty to all charges. His pleas were open, there was no negotiated disposition.

The maximum possible sentence for these crimes is 35 years, 4 months in prison. The lowest term Sande could receive is three years. He is not eligible for probation.

UPDATE 8/18/11: He will be sentenced by Judge Almquist on August 22nd at 10:00am.

He remains out on bail. Judge Almquist declined the District Attorney’s request to remand the defendant in custody, noting that the defendant had made all his court appearances, had strong ties to the community, and had not committed any violations of the law since his arrest last July. 

For further information, contact Andrew Isaac, at 831.454.2138.

April 13, 2011

District Attorney Bob Lee announced that Jordan "Bugsy" Macias and Abraham Santoyo pled today to charges stemming from a gang attack at the Cabrillo Lanes Bowling Alley on March 5, 2010, in which a gang dropout was stabbed and a 7 year old child was shot. While at the bowling alley, Macias and Santoyo spotted Juan Carlos Vaca, a gang dropout, and conspired to kill him. They left the bowling alley, obtained weapons, and re-entered the establishment. Macias approached Juan Carlos Vaca and stabbed him repeatedly in the neck, and Santoyo then pointed a gun at Vaca and fired. His shot missed the intended victim and instead struck a 7 year old child who was at the bowling alley with relatives. Both victims fortunately survived the attack with no permanent physical injuries.

Several patrons at the bowling alley identified the two gang members, and additional followup work by Watsonville Police Department officers and the Gang Task Force led to the arrest of Macias and Santoyo the following day.

The defendants each received a sentence of 42 years in the California Department of Corrections. Macias pled guilty to attempted murder, assault with a firearm, a gun use enhancement, and active participation in a criminal street gang. Santoyo pled guilty to attempted murder, a gun use enhancement, personal infliction of great bodily injury, and active participation in a criminal street gang. The two will not be eligible for parole for thirty five years.

"I am pleased that these defendants will be in prison for at least three and a half decades", said prosecutor Charlie Baum. "Their actions - attacking someone for leaving the gang and shooting a small child - are the worst kind of gang violence." Baum added that the victims were pleased with the plea as well, noting that the child's family was very reluctant to have him testify at trial. Finally, Baum praised the work of the Watsonville Police Department. "WPD worked as a team with the community in this case, and it led to a speedy and very successful resolution. The officers, detectives, and members of the gang unit did outstanding work."

April 5, 2011

The Honorable Judge Paul Burdick refused to correct an error in the amount of bail resulting in a gang member involved in a shooting to be released into the community. Brandon Alvarez Garcia was allowed to remain free on his previously posted bail of $25,000 despite the District Attorney's request that the bail be increased to the standard amount of $100,000. Assistant District Attorney Alex Byers had argued that the use of a firearm, Garcia's criminal history, and his ties to a criminal street gang made him a danger to public safety.

On March 26, 2011 Garcia, and Joel Ruiz caused a disturbance at a party. When asked to leave it Garcia, and Ruiz refused and made gang related threats. Ruiz then struck a woman in the face causing cut and a swollen upper lip. Following that, witnesses reported that Garcia stated, "I'm going to blast you", brandished a semi-automatic firearm, and pistol-whipped a man, hitting him on the side of his face with the barrel end of the gun. Garcia then pointed the gun at several people, and fired a shot into the air. Garcia and Ruiz were arrested leaving the scene. Deputies located the firearm in the vehicle occupied by Garcia, and Ruiz.

Following his arrest Garcia posted $25,000 bail, an amount lower than usually required by the Courts for a gang and gun related offense. ADA Byers requested that Judge Burdick correct the error and increase Garcia's bail to the standard amount. Judge Burdick elected to impose bail conditions rather than correct the error and increase bail.

At the time of the shooting Garcia was on probation for possessing a switchblade.

For more information, please contact Assistant District Attorney Alex Byers at (831) 454-2557.

March 18, 2011

District Attorney Bob Lee announced today that on Thursday March 17, 2011, three criminal street gang members were sentenced to state prison for crimes of violence, weapons possession, and drug sales.

Josue Castenada Granados

The Honorable Judge Paul Marigonda sentenced Granados, who had pled guilty to being a gang member and attempted murder, to 15 years in State Prison. He will be required to serve 85% of his sentence prior to becoming eligible for parole. Granados is eighteen years old.

 Shane Kenneth Miller

The Honorable Judge Paul Burdick sentenced Miller, who had pled guilty to being a gang member, assault, firearms possession, and resisting arrest causing an injury to a peace officer, to 4 years and 4 months in State Prison. He will be required to serve 85% of his sentence prior to becoming eligible for parole. Miller is nineteen years old.

Emigdio Gudino Martinez

The Honorable Judge Paul Burdick sentenced Martinez, who had pled guilty to being a gang member, selling narcotics, and assault on a peace officer, to 5 years in State Prison. Martinez arrest was a result of the Watsonville Police Department's "Operation Groundhog", a yearlong investigation in to the Sureno criminal street gang in Watsonville. Martinez is 26 years old. 

For more information, please contact Assistant District Attorney Alex Byers at (831) 454-2557.

District Attorney Bob Lee announced that Julio "Sleepy" Cabrera was sentenced this afternoon to fourteen years and eight months in prison, based on charges stemming from an assault with a firearm on January 1, 2010. In that incident, Cabrera chased a man outside a Watsonville restaurant and opened fire on him with a semiautomatic pistol, firing at least 6 rounds at the fleeing man. The victim was unharmed. One of the bullets struck a car passing by the scene, but the driver fortunately was also unharmed. A Santa Cruz Sheriff's Deputy was on patrol near the scene and came to investigate the shots. Julio Cabrera was seen running from the scene and was detained. The gun was found several feet away from him and his pockets contained ammunition for the weapon. The firearm was registered to a deceased man in Los Angeles. After he was detained, Julio Cabrera threatened a police officer, telling him "I know where you live. We are going to settle this." Julio Cabrera pled no contest to assault with a firearm, being an active participant in a criminal street gang, and threatening the officer.

Julio Cabrera's brother, Evaristo Cabrera, was also sentenced today on charges of witness intimidation and assault, both alleged to be for the benefit of the same gang. After the shooting, Evaristo Cabrera threatened patrons inside the restaurant, telling them not to phone the police. Wrongly believing that one of the patrons had called the police, Evaristo Cabrera attacked him, punching him repeatedly and giving him a black eye and bloodying his face. There was no plea agreement with the prosecution in Evaristo Cabrera's case. Judge Almquist sentenced Evaristo Cabrera to 270 days in jail and three years of formal probation. The prosecution objected to the sentence, pointing out that the witnesses inside the restaurant were so frightened by his actions that no one came forward to report the incident, even though the police were right outside the restaurant. The prosecution also pointed out that Evaristo Cabrera had numerous convictions, including felony weapons charges, assault charges, and resisting arrest charges spanning a fifteen year period.