Office of the District Attorney Ventura County

Term Report 2015 – 2018

Gregory D. Totten District Attorney Cover photo of Ventura Pier by Thomas W. Temple, Deputy District Attorney 1996-2002 Our Mission The mission of the Ventura County District Attorney’s Office is to promote justice and protect the people of the County of Ventura and the State of California by aggressively and fairly prosecuting those who violate the law.

Our Values We employ individuals of character and courage who provide the highest quality legal representation for the public, steadfastly protect the rights of crime victims, and conscientiously seek to improve the criminal justice system and strengthen our community.

Our Vision Our vision is to enhance the quality of life in our community, to be leaders in quality prosecution, to aggressively advocate the cause of justice and, above all, to make Ventura County a safer community for everyone.

COUNTY OF VENTURA BOARD OF SUPERVISORS

Supervisor Supervisor Supervisor Supervisor Supervisor Steve Bennett Linda Parks Kelly Long Peter C. Foy John C. Zaragoza FIRST DISTRICT SECOND DISTRICT THIRD DISTRICT FOURTH DISTRICT FIFTH DISTRICT

Locations

Hall of Justice 800 South Victoria Avenue Suite 314, Ventura, CA

Special Prosecutions Juvenile Unit 5720 Ralston Avenue, Ventura, CA Juvenile Justice Center 4353 Vineyard Avenue, Oxnard, CA

Bureau of Investigation East County Office Fiscal / Administrative Services 3855-F Alamo Street, Suite 2088, Simi Valley, CA 646 County Square Drive, Ventura, CA A Message From Gregory D. Totten, District Attorney

While the role of the prosecutor and public expectations evolve, the men and women of the Ventura County District Attorney’s Office remain deeply committed to our core mission: to seek justice in every case, in every action, and in every decision. We have answered the challenges presented by developing new programs to play a broader role in achieving justice.

Each year, we assist thousands of victims to participate in the court process, seek restitution, obtain restraining orders, and heal. To better serve the community, we will soon open a Family Justice Center that will bring together numerous public agencies, law enforcement, and community-based organizations to provide direct services to victims of domestic violence and other interpersonal violence. This innovative program will also focus on helping children who face challenges due to their exposure to trauma and violence.

Positive messages to youth can help increase their chances of becoming productive, law-abiding adults. In Project LEAD, we teach fifth-grade students each year about personal responsibility and the criminal justice system.

DNA analysis, computer forensics, and other scientific techniques are increasingly essential in the investigation and prosecution of crime. We have engaged in public policy activities to increase funding to prosecute “cold cases” solved by DNA evidence to bring defendants to justice and bring closure to victims. We also lead a countywide high-tech task force that both investigates computer crimes and analyzes evidence of crimes located on computers, smartphones, and other devices.

The law has long authorized peace officers to use force and, when necessary, deadly force to protect themselves and others. Today, as many of these shootings are captured on video, law enforcement faces intense public scrutiny of its use of force decisions. The objective and independent review of these shootings is among the district attorney’s most solemn responsibilities. Consequently, we continue to deploy highly trained and specialized teams to respond to officer-involved shootings. Then, after an exhaustive investigation, we report our findings to the public with complete transparency.

This term report features the challenges, achievements, and expanding role of the District Attorney’s Office in our community. Through our commitment to doing justice and implementing innovative programs, we strive to better serve and protect the public.

Very truly yours, The prosecutor is “the servant of the law, the twofold aim of which is that guilt shall not escape nor innocence suffer.”

Berger v. United States United States Supreme Court (1935)

ELECTORATE

GREGORY D. TOTTEN DISTRICT ATTORNEY

JANICE L. MAURIZI CHIEF ASSISTANT DISTRICT ATTORNEY

MICHAEL D. SCHWARTZ R. MILES WEISS W. CHARLES HUGHES MICHAEL K. FRAWLEY SPECIAL ASSISTANT DISTRICT CHIEF DEPUTY DISTRICT ATTORNEY CHIEF DEPUTY DISTRICT ATTORNEY CHIEF DEPUTY DISTRICT ATTORNEY ATTORNEY CRIMINAL PROSECUTIONS SPECIAL PROSECUTIONS ADMINISTRATIVE SERVICES JUSTICE SERVICES

MAJOR CRIMES WRITS, APPEALS & SPECIAL SEXUAL ASSAULT/ TRAINING PROSECUTIONS FAMILY PROTECTION

COURT OPERATIONS PUBLIC INTEGRITY JUVENILE MISDEMEANORS

GENERAL TRIALS CONVICTION CONSUMER / SMALL FISCAL & ADMIN INTEGRITY CLAIMS / NSF SERVICES

RAND URY IAISON G J L INFORMATION MICHAEL R. JUMP MICHAEL D. BARAY TECHNOLOGY CHIEF DEPUTY DISTRICT ATTORNEY CHIEF INVESTIGATOR VICTIM & COMMUNITY SERVICES BUREAU OF INVESTIGATION LEGAL SUPPORT

CRIME SAFE HARBOR MDIC FAMILY JUSTICE MAJOR FRAUD & SPECIAL INVEST, GOVT MAJOR CRIMES & VICTIMS’ASSISTANCE CENTER COMPUTER CRIMES FRAUD & ADMIN SEXUAL ASSAULT A Message from the District Attorney 7 Table of Contents The Executive Management Team 10 Criminal Prosecutions 11 Major Crimes Unit 11 General Trials Unit 17 Court Operations Unit 19 Administrative Services 21 Sexual Assault/Family Protection Unit 21 Misdemeanor Unit 25 Fiscal, Administrative, & Legal Services Unit 27 Information Technology Unit 28 Legal Support Services Unit 29 Special Prosecutions 31 Consumer/Environmental Protection Unit 33 Fraud & Technology Crimes Unit 36 Juvenile Unit 39 Consumer Mediation & Small Claims Assistance Units 41 Justice Services 42 Writs, Appeals, & Training Unit 42 Conviction Integrity Units 43 Public Integrity Unit 43 Victim & Community Services 44 Route 91 Shooting 46 Borderline Shooting 47 Ventura County Family Justice Center 48 Bureau of Investigation 52 The Thomas Fire 55 Retirees 56 Awards 56 Elected to the Bench 57 In Memoriam 58 VENTURA COUNTY DISTRICT ATTORNEY Executive Management Team

L to R: Special Assistant District Attorney Michael Schwartz, Chief Deputy District Attorney Chuck Hughes, Chief Investigator Mike Baray, Chief Deputy District Attorney Miles Weiss, District Attorney Greg Totten, Chief Assistant District Attorney Janice Maurizi, Chief Deputy District Attorney Michael Jump, Chief Deputy District Attorney Mike Frawley

Janice L. Maurizi Legal Management Assistants Cynthia Klante, Pattie O’Donnell; Program Assistant Joyce Chief Assistant District Attorney Donehue; Legal Management Assistants Carrie Broggie, Edith Ball, Diana Mendoza

10 Ventura County District Attorney 2015-2018 Term Report VENTURA COUNTY DISTRICT ATTORNEY CRIMINAL PROSECUTIONS

The 40 attorneys and three paralegals and three supervising attorneys. In in Criminal Prosecutions are addition to offering strategic analysis responsible for handling a broad range and decision-making on significant of criminal cases across the District cases, the chief deputy of Criminal Attorney’s Office. The division includes Prosecutions also serves as a liaison to the Major Crimes Unit, General the civil and criminal grand juries, and Crimes Unit, and Court Operations to local law enforcement agencies. Unit. It is overseen by a chief deputy

Miles Weiss Chief Deputy District Attorney Criminal Prosecutions

MAJOR CRIMES UNIT

The Homicide team prosecutes all 2018, they filed 424 gang cases. The homicides committed in Ventura Gang prosecutors also handle all hate County, including current and cold- crimes – cases in which the victim case homicides. These cases often was targeted because of disability, involve atrocious crimes requiring gender, nationality, race, ethnicity, substantial investigation, forensic religion, or sexual orientation. evidence collection, extensive case preparation, and complex The Narcotics team handles litigation. From 2015 to 2018, these complicated cases including large- prosecutors filed 53 homicide cases. scale drug trafficking, substantial They also oversee officer-involved quantities of narcotics, and furnishing shooting (OIS) investigations which narcotics which cause overdose includes responding to shooting deaths. These cases often involve scenes, monitoring interviews, and evidence yielded from confidential drafting public reports analyzing the informants, undercover officers, legality of the force used. Homicide search warrants, and wiretap prosecutors are available 24 hours operations. From 2015 to 2018, the Rameen Minoui a day to assist law enforcement Narcotics team filed approximately Supervising Senior Deputy District Attorney with search warrants, crime scene 695 cases. Major Crimes Unit response, and guidance on complex legal issues. The CAPOs prosecutor reviews, files, and handles all cases in which The Major Crimes Unit is comprised of Gang attorneys prosecute crimes a peace officer was the victim of four teams that prosecute homicides, committed by members of the a violent crime. These filings can gang cases, major narcotics cases, approximately 30 active criminal range from threats and assaults to and crimes against peace officers street gangs in Ventura County. These attempted murder. From 2015 to (CAPOs). Each team is staffed with prosecutions often involve complex 2018, the CAPOs prosecutor filed attorneys who (vertically) personally and challenging issues including approximately 127 cases. handle each stage of their cases from uncooperative witnesses and multiple the filing of charges through jury trial. charged defendants. From 2015 to

Ventura County District Attorney 2015-2018 Term Report 11 Homicides

L to R: Senior Deputy District Attorneys Richard Simon, Catherine Voelker, Tate McCallister, Melissa Suttner, Kelly Keenan

People v. Isaac Sinsun People v. Kevin Hogrefe

Murder Second-Degree Murder; Hit and Run Involving Death Prosecutor: Kelly Keenan Further investigation located a Investigator: Robert Coughlin suspicious vehicle linked to Isaac Prosecutor: Rebecca Day Victim Advocate: Lisa Wright Sinsun that had bloody clothing inside. Investigator: Kimberly Michael Analysis resulted in the identification Victim Advocate: Jennifer Barbettini On the evening of November 13, of Castaneda’s blood and Isaac 2005, police officers responded Sinsun’s DNA on the clothing. On October 28, 2014, Kevin Hogrefe to a call of a gunshot victim in the However, Isaac has an identical twin had been drinking heavily at two 900 block of Richmond Avenue in brother with identical DNA which different bars for over 6 hours with Oxnard. Upon arrival, the officers created complications in prosecuting a blood-alcohol level three times found the deceased victim, 49-year- the case. the legal limit. He was ousted old Joaquin Castaneda, lying in the from the second bar and drove street with a close-range shotgun Later while in custody on other to the northbound 101 Freeway in wound to his head. The victim was charges, Isaac Sinsun made Camarillo. Sheriff’s Deputy Eugene wearing a private security guard recorded admissions to participating Kostiuchenko had just concluded a uniform. He had been shot while in the shooting death of Castaneda. traffic enforcement stop on the on- inside his car, then removed from the These admissions included targeting ramp and was about to enter his patrol car and left on the street. Evidence the victim because Sinsun and his vehicle when Hogrefe drove towards also indicated that the victim had accomplices believed the victim was the patrol vehicle and collided with been robbed of personal property. an undercover officer. him. Deputy Kostiuchenko was killed The next day, his car was found instantly when his body was propelled abandoned in a commercial area of In July 2017, a jury convicted Sinsun onto Hogrefe’s vehicle. Hogrefe Oxnard approximately 1.5 miles from of first-degree murder. The Ventura sped away at a high rate of speed the murder scene. County Superior Court sentenced attempting to avoid apprehension, Sinsun to 25 years to life in prison.

12 Ventura County District Attorney 2015-2018 Term Report but was involved in another collision People v. Andres Rodriguez People v. Jaime Paredes approximately 1.5 miles away. In and Melissa Salazar October 2016, the jury found Hogrefe Murder; Attempted Murder guilty of second-degree murder and Murder in the Commission of fleeing the scene of an accident Kidnapping; Attempted Murder; Prosecutors: Tom Dunlevy involving death. The Ventura County Robbery Tate McCallister Superior Court sentenced him to 15 Investigator: Sonia Sanchez years to life in prison. Prosecutor: Tate McCallister Victim Advocate: Carlos Martinez Investigator: Corina Wondoloski Hogrefe had a history of drinking and Victim Advocate: Patricia Wood driving, including causing a roll-over collision in 2013 while driving with a blood alcohol level over twice the On the evening of July 17, 2013, On July 1, 2009, Jaime Paredes, legal limit. Andres Rodriguez and Melissa armed with an assault rifle, drove to Salazar kidnapped a female victim at the dental office in Simi Valley where gunpoint and forced her to divulge the his wife and the mother of his child, location of a man and woman who Mariella Paredes, worked. Once stole property from Rodriguez and there, Paredes entered the rear of his accomplice earlier in the day. The the office, began firing his weapon, kidnap victim directed Rodriguez and and eventually forced his way into a Salazar to the victims’ home in Santa room where his wife and several of Paula. Rodriguez, armed with a semi- her co-workers had barricaded automatic pistol and a ballistic vest, themselves. Paredes shot Mariella entered the home and pursued the multiple times, killing her. He then couple, who barricaded themselves in shot three of her co-workers, inflicting a bathroom. Rodriguez fired multiple serious injuries. After a brief stand- shots through the bathroom door off with Simi Valley police officers, and then entered as the male victim Paredes surrendered and later escaped out a window. Rodriguez confessed. killed the female victim, Angela Bryant, shooting her in the head, The grand jury indicted Paredes and left with his recovered property. for murder and attempted murder. After releasing the female kidnapping Competency proceedings were Ventura County Sheriff’s Deputy victim, Rodriguez and Salazar fled instituted in 2009. In 2015, a jury found Eugene Kostiuchenko to Mexico where they were tracked Paredes incompetent to stand trial and down and arrested by detectives from he was sent to Patton State Hospital. the Santa Paula Police Department in In 2016, the court found Paredes September 2013. competent to stand trial. He pled guilty to first-degree premeditated and In September 2017, Rodriguez pled deliberate murder for killing Mariella guilty to first-degree murder with a Paredes and admitted using a firearm special circumstance of kidnapping, to do so. He also pled guilty to three premeditated and deliberate attempted counts of premeditated and deliberate murder, and admitted using a gun attempted murder for shooting three in the commission of the crimes. of Mariella’s co-workers. In August He was sentenced to life in prison 2017, the Ventura County Superior without the possibility of parole. For Court sentenced Paredes to 71 years her part, Melissa Salazar pled guilty to life in prison. to kidnapping and robbery, admitted a prior “strike” conviction, and was sentenced to 20 years in prison.

Ventura County District Attorney 2015-2018 Term Report 13 People v. Jose Luis Ortiz People v. Thomas C. Young People v. Jane Laut

Robbery, Attempted Murder Cold Case Murder in the Domestic Violence Murder of a Peace Officer Commission of Rape Prosecutor: Rameen A. Minoui Prosecutor: Joann Roth Prosecutor: Rebecca Day Investigator: Mike Palmieri Investigator: Glenn Utter Investigators: Steve Rhods, Victim Advocate: Pat Wood Victim Advocate: Felicita Roy Greg Hayes Victim Advocates: Pat Wood Dave Smith

In May 2012, Jose Luis Ortiz entered On July 30, 1980, when Judy Jane Laut had been married to her an El Rio liquor store, walked straight Knappenberger left for work at husband, Dave Laut, for 29 years to the counter, and pulled out a .38 7:00 a.m., her 15-year-old daughter and lived with him and their 10-year- S&W revolver, pointing it at the clerk. Stacy was asleep in bed. They had old son. Dave was an Olympic athlete Ortiz demanded all the money in recently moved from a nearby and won a bronze medal for shot put the register and robbed the clerk of apartment complex to a duplex with in the 1984 Olympics. On August 27, approximately $1,000. After Ortiz fled a backyard Mrs. Knappenberger 2009, at approximately midnight, Jane from the store, the clerk called 911. returned home at 4:30 p.m. to find lured her husband to the side yard of the back door ajar and her daughter their home while she secretly armed Oxnard Police K-9 Officer Scott Coe raped and brutally killed by multiple herself with a fully loaded Ruger responded to the area and searched stab wounds to her head and neck. revolver. Standing several feet behind for the defendant. While driving down No one heard the assault or saw Dave in the unlit yard, she shot him a residential street, Officer Coe used anyone at the home. six times including twice in the back his spotlight to illuminate an individual of the head, once in the back, twice matching the defendant’s description, Evidence collected at the crime scene in the face, and once in the arm. She holding a revolver up to his own chin. included semen, blood, hairs and needed to cock the hammer back and Deciding to create some distance fingerprints. None of the fingerprint pull the trigger for each of the six shots between himself and Ortiz, Officer Coe evidence yielded a suspect and fired from the single-action revolver. accelerated away. While doing so, forensic DNA analysis had not yet Officer Coe heard one gun shot and been developed. An autopsy revealed The defendant went back into the looked in his rearview mirror to see Ortiz evidence of over 75 injuries, most of house and hid the murder weapon standing in the street pointing the gun which were stab wounds. During an in the bottom of a grandfather clock, in the officer’s direction. Ortiz advanced extensive investigation, police talked changed her clothing, and called 911. toward Officer Coe and fired several to family, friends, neighbors and In a feigned emotional tone, she more shots, striking Coe’s car. Ortiz acquaintances, but were unable to told the operator that Dave had was apprehended by Officer Coe’s K-9 identify the killer. gone outside to investigate peculiar “Jake” and responding officers. sounds and an unknown prowler had Thomas Coalt Young, age 33 in 1980, shot him. Ortiz was charged with attempted was married and lived in the nearby murder of a peace officer with the apartment complex that Stacy and At trial, the defendant claimed she had use of a gun and armed robbery. In her mother had moved from just three been the victim of domestic violence January 2017, a jury found Ortiz guilty weeks prior. The Knappenbergers did and that she shot the victim in self- of all the charges and allegations. The not know Young. Over 30 years later, defense during an assault that he Ventura County Superior Court his DNA was found to be a match to initiated. On March 30, 2016, a jury sentenced Ortiz to 51 years to life in the evidence collected from the crime found the defendant guilty of first- state prison. scene of Stacy’s murder. In 2012, the degree premeditated murder and cold case task force located Young found true the allegation that she used living in Alabama. Young was arrested a firearm during the commission of the and extradited to Ventura. murder. In August 2016, the Ventura Superior Court sentenced Jane Laut On February 26, 2015, 35 years after to 50 years to life. Young murdered Stacy, a jury convicted him of murder in the commission of rape. In March 2015, the Ventura County Superior Court sentenced Young to life without the possibility of parole.

14 Ventura County District Attorney 2015-2018 Term Report Gang Unit

L to R: Senior Deputy District Attorneys David Russell, Erin Meister, Blake Heller

People v. Martin Madrigal, et al.

Extortion, Street Terrorism

Prosecutors: Joann Roth Blake Heller Investigator: Jess Velasquez

In 2012, gang members throughout and assaultive crimes. When Mora was gang. Twenty-five charged individuals, Ventura County united under the arrested with co-conspirators during including Mora, were convicted of umbrella and protection of Mexican a robbery attempt at a Simi Valley numerous charges including attempted Mafia member Martin Madrigal to pharmacy, he had two letters from robbery, narcotics offenses, weapons extort local drug dealers and funnel the Madrigal in his pocket. One was a “hit” and extortion. In May 2015, the Ventura money to Madrigal in Mexico. Madrigal, list from Madrigal naming the persons County Superior Court sentenced Mora who was incarcerated in a Mexican Madrigal wanted killed. The other letter to 27 years 4 months in prison. The prison, gave a local gang member, directed Mora to collect $500 a week combined incarceration sentences for Edwin Mora, the order and authority in “taxes” from local drug dealers and all 25 co-conspirators was 164 years to unite all the gangs in the county to gave Mora the authority to execute 8 months. The two remaining co- carry out this criminal scheme. punishment, including killing those who defendants, Madrigal and his wife, refused to cooperate. Lina Fuentes, are still at large in Mexico. A three-month-long wiretap operation named “Operation Wicked Hand” Twenty-seven individuals were charged revealed the scope and breadth of this with various felonies related to their violent county-wide operation, including involvement in this extortion conspiracy conspiracy, extortion, weapons, drugs for the benefit of a criminal street

Ventura County District Attorney 2015-2018 Term Report 15 Narcotics Unit

L to R: Deputy District Attorney Marine Dermadzhyan; Senior Deputy District Attorneys Taylor Waters, Scott Hendrickson, Joann Roth

People v. Toribio Aros-Osorio

Drug Trafficking of Cocaine and Methamphetamine

Prosecutor: Taylor Waters

Toribio Aros-Osorio was a narcotics executing a multitude of search narcotics supplier to smuggle more trafficker in an organization that warrants, and conducting covert than 40 pounds of cocaine into utilized stash houses, hidden vehicle surveillance, VCCAT detectives Ventura County in a manufactured compartments, and counter-surveilling seized more than 80 pounds of compartment inside a vehicle’s gas drug couriers to transport cocaine and cocaine and nearly 40 pounds of tank. In the second case, he pled guilty methamphetamine from Mexico methamphetamine. to possessing more than 10 pounds throughout the United States. In of methamphetamine found stashed September 2016, Aros-Osorio was Aros-Osorio was charged with sale inside his vehicle. The Ventura County the target of a wiretap investigation of narcotics, possession for sale of Superior Court sentenced Aros- conducted by the Ventura County narcotics, and conspiracy to sell Osorio to a 15 year 4 month felony jail Combined Agency Team (VCCAT) narcotics. In September 2017, he sentence. and the Drug Enforcement pled guilty in two criminal cases for his Administration (DEA). By intercepting participation in the criminal enterprise. the co-conspirators’ phone calls In the first case, he was convicted through court-ordered wiretaps, of coordinating with a Mexico-based

16 Ventura County District Attorney 2015-2018 Term Report GENERAL TRIALS UNIT

The General Trials Unit is comprised kidnap, possession for sales of a of 12 attorneys handling nearly 500 controlled substance, identity theft, felony cases at any given time. Cases forgery, weapons, criminal threats, are assigned to an attorney based and misdemeanor manslaughter. on the complexity of the crime and Animal Cruelty cases are handled by the experience level of the attorney. a dedicated prosecutor who partners Crimes prosecuted by the unit include with local animal control agencies attempted murder, arson, burglary, and law enforcement to protect both robbery, assault with a deadly domestic and wild animals from abuse. weapon, battery with serious injury,

Rachelle Dean Supervising Senior Deputy District Attorney General Trials Unit

Seated, L to R: Deputy District Attorney Brandon Ross; Supervising Senior Deputy District Attorney Rachelle Dean; Deputy District Attorneys Chong-hwa Lee, Jillian Ewan; Standing, L to R: Deputy District Attorneys David Barnes, Jennifer Feldman; Senior Deputy District Attorney Theresa Pollara; Deputy District Attorney Rafael Orellana; Senior Deputy District Attorney Kathleen O’Brien; Deputy District Attorneys Elisabeth Main, Paul Feldman

Ventura County District Attorney 2015-2018 Term Report 17 People v. Noe Reyes; Military Diversion Program Gabriel Alamillo

Robbery, Auto Theft, Residential The mission of the Ventura County Treatment programs can be in-patient Burglary, Assault with a Deadly Military Diversion Program (also or out-patient, group or individual, and Weapon (Gang Case) known as Veterans Treatment Court) are administered by Veterans Affairs is to assist current or former members or community-based providers. In Prosecutor: Andrew Sullivant of the United States military charged addition to regular review by treatment Investigator: Jess Velasquez with a criminal offense who suffer from professionals, the Probation Agency Victim Advocate: Felicita Roy a mental health disorder, traumatic supervises the defendant’s progress brain injury, military sexual trauma, or and compliance with the terms of the substance abuse as a result of military treatment program. In the early morning hours of service. The defendant is provided an November 17, 2015, Noe Reyes stole individualized treatment regimen to Upon successful completion of a vehicle from outside a mechanic assist in overcoming the disability and 12 to 24 months of treatment and shop. Shortly thereafter, Gabriel resuming life without the stigma of a fulfillment of the program obligations, Alamillo and another gang member criminal conviction. the charges against the defendant stole multiple bottles of alcohol from are dismissed and the records a store in Simi Valley. Around midday, Defendants are screened for eligibility sealed. The program graduate is Reyes burglarized a Simi Valley and suitability by the program team not required to disclose the arrest or resident’s home. Around 8:30 p.m. that includes representatives from treatment except in applications for that evening, Reyes, Alamillo and the District Attorney’s Office, Public law enforcement-related jobs. a third gang member robbed and Defender’s Office, Probation Agency, assaulted a gym patron in a parking Ventura County Superior Court, The program has been an extremely lot in Simi Valley. Reyes repeatedly and the Department of Veterans successful collaborative effort. Since hit the victim in the head and body Affairs. Not all crimes are eligible its inception in 2010, more than 170 with an 18-inch metal pry bar. The for Veterans Treatment Court, nor veterans have found help, received victim was rushed to the hospital are all defendants suitable. Factors restorative treatment, kept their where he received nine staples for affecting suitability may include obligations, graduated, and had his wounds. Reyes, Alamillo and the the defendant’s pending offense, their criminal matter dismissed. The third suspect were caught within criminal history, the seriousness District Attorney’s Office is proud to hours trying to flee the area through of the defendant’s condition, be part of the rehabilitation path for a nearby apartment complex. and suitability and willingness to these men and women who have participate in treatment. served our country. Reyes and Alamillo were charged with many serious gang-related offenses including armed robbery, assault with a deadly weapon, and shoplifting. Reyes was additionally charged with first-degree residential burglary, Mental Health Court vehicle theft, and graffiti. In October 2016, a jury found both defendants guilty of those offenses. The Ventura The District Attorney’s Office actively medication monitoring, individual County Superior Court sentenced participates in Mental Health Court, therapy, probation supervision, 24- Reyes to 18 years 8 months in state a collaborative justice program that hour crisis services and linkages prison and Alamillo to a suspended provides mental health treatment to supported services, including 16 year 4 month sentence in lieu of and support services to mentally employment, medical, housing and local custody with formal probation. ill offenders. The target population family. The Mental Health Court is adult offenders charged with partners meet once a week and include misdemeanor offenses and low- members of the Probation Agency, level felonies, who have a primary Behavioral Health Department, District diagnosis of mental illness. The Attorney’s Office, Public Defender’s services provided include mental Office and the Sheriff’s Office. health assessment, psychological evaluations, integrated outpatient community-based mental health and substance abuse treatment,

18 Ventura County District Attorney 2015-2018 Term Report COURT OPERATIONS UNIT

First formed in December 2015, the over 17,500 for prosecution. Another Court Operations Unit consists of veteran prosecutor is responsible for six unique prosecutorial functions. handling all cases involving sexually The DUI (Driving Under the Influence) violent predators, mentally disordered team vertically prosecutes all drugged offenders, and other mental health DUI cases, felony DUI cases, and issues, as well as firearm confiscation/ vehicular manslaughter cases where forfeiture hearings. The Calendar the driver is impaired by alcohol Court team advocates for the People or drugs. A dedicated Auto Theft at arraignments, sentencings, and prosecutor vertically handles felony motions, including Mental Health Court stolen vehicle cases. A senior deputy and Parole/Post Release Offender district attorney provides written input Supervision/Re-Entry Court. and personally appears at Parole Hearings for defendants sentenced to Proposition 57, approved by the voters, life imprisonment and is responsible granted the California Department for ensuring that inmates remain of Corrections and Rehabilitation the incarcerated while they would be a authority to grant early release to “non- danger to the public. The Complaint violent” felons. The Court Operations Kevin Drescher Review team reviews felony and Unit reviews each case and submits Supervising Senior Deputy District Attorney Court Operations Unit certain misdemeanor cases to letters in opposition to early release for determine if criminal charges should those who remain a danger to public be filed. The team reviews over safety. 20,000 cases a year and accepts

Seated, L to R: Senior Deputy District Attorneys Anne Spillner, Cynthia Nguyen, Rebecca Day; Deputy District Attorneys Melissa Bohl, Ethel Hernandez; Standing, L to R: Supervising Senior Deputy District Attorney Kevin Drescher; Deputy District Attorney Edward Andrews; Senior Deputy District Attorneys Linda Groberg, Ernesto Acosta, Lauren Malan; Deputy District Attorneys John Poore, Caroline Sommers

Ventura County District Attorney 2015-2018 Term Report 19 COURT OPERATIONS UNIT

People v. David People v. Joseph Cantrell People v. Eduardo Robles Andrade-Ruiz Second-Degree Murder, Gross First-Degree Murder Gross Vehicular Manslaughter Vehicular Manslaughter While Intoxicated, DUI with Great While Intoxicated, Fleeing the Prosecutor: Edward Andrews Bodily Injury, Fleeing the Scene of Scene of an Accident Victim Advocate: Celia Cardona an Accident Prosecutor: Andrew Reid On May 31, 2018, Eduardo Robles Prosecutor: Taylor Waters Investigator: Dan Horan was driving his vehicle on Highway Victim Advocate: Brenda Marquez Victim Advocate: Pat Wood 126 when he intentionally rammed the car in front of him, which was being driven by Benjamin Brown. Mr. Brown On January 23, 2016, defendant David On August 25, 2015, at 7:45 was returning from his son’s preschool Andrade-Ruiz drove at unsafe speeds p.m., defendant Joseph Cantrell graduation at the time of the crash. on Highway SR-33 while under the was driving on Ponderosa Drive in The defendant caused the collision influence of alcohol and while his Camarillo when he ran a red light at in a premeditated attempt to kill his driver’s license was suspended. He Mobil Avenue and struck pedestrian passenger, Jose Gaspar. The impact crashed into the side of the road, Randall Lee Fillmore in the crosswalk of the collision caused Mr. Brown’s ejecting one rear passenger through of the intersection. Surveillance video vehicle to veer across the highway the front windshield, causing the showed Cantrell neither braked nor and collide with a tractor-trailer. other rear passenger to suffer a spinal attempted to pull over and help the Mr. Brown was killed and Mr. Gaspar cord injury that left her paralyzed, victim, but instead immediately turned was injured. and causing great bodily injury to down a side street, where he lost the front passenger. After the crash, control of his vehicle. He collided with Following a trial that lasted several Andrade-Ruiz fled the scene, leaving an unoccupied parked car and fled weeks, the jury found Robles guilty the paralyzed passenger lying on on foot before being apprehended of first-degree murder of Benjamin the side of the road, and leaving by nearby residents. A subsequent Brown, and attempted murder of Jose the other passenger stuck in the investigation by the Ventura County Gaspar. In December 2018, he was front windshield of the burning car, Sheriff’s Office determined that sentenced to 34 years in prison. resulting in his death. Defendant’s Cantrell’s blood alcohol concentration blood alcohol content at the time of was over twice the legal limit, the collision was determined to be registering 0.17. Cantrell had two 0.13 percent. The defendant pled prior convictions for driving under the guilty to gross vehicular manslaughter influence and driving on a suspended while intoxicated, fleeing the scene of license. A jury convicted Cantrell of an accident that resulted in death, all charges, including second-degree and driving under the influence murder. He was sentenced to 21 Homeless Court resulting in injuries, with a special years to life in state prison. enhancement for causing great bodily Homeless Court is a partnership injury that resulted in paralysis. He between the court, the District was sentenced to 13 years 8 months Attorney, the Public Defender, Human in state prison. Services Agency, and Behavioral Health Department to help resolve community problems created by homelessness with practical solutions. Homeless Court provides alternative sentencing for homeless non-violent misdemeanor offenders who are unable to pay fines and fees. This includes substituting community service, volunteer work, counseling and/or participation in agency programs instead of fines, fees, or custody. The alternative sentencing structure is not coercive or punitive in nature, but rather is designed to allow those who want to account for their wrongdoing to make a meaningful contribution to their community.

20 Ventura County District Attorney 2015-2018 Term Report ADMINISTRATIVE SERVICES

Administrative Services is home to two Administrative Services is managed front-line prosecution units, the Sexual by a chief deputy who works with Assault/Family Protection Unit and the the managers and supervisors of the Misdemeanor Unit, as well as the units Sexual Assault/Family Protection Unit; that provide operational support for the Misdemeanor Unit; the Fiscal, the more than 270 employees of the Administrative, and Legislative Services District Attorney’s Office. Unit; the Legal Support Services Unit; and the Information Technology Unit.

Michael K. Frawley Chief Deputy District Attorney Administrative Services

SEXUAL ASSAULT/ FAMILY PROTECTION UNIT The Sexual Assault/Family Protection Family Protection cases include Unit includes 20 attorneys and violence by spouses, ex-spouses, handles some of the most challenging persons who are or were in a dating and disturbing cases in the county. relationship, as well as child abuse Prosecutors work closely with and violation of domestic violence police, medical professionals, and restraining orders. These crimes victim advocates to investigate and affect all socio-economic groups prosecute crimes, while seeking to and are unfortunately prevalent avoid further trauma to the victims. throughout society. Each year, the unit reviews approximately Sexual Assault cases include rape, 3,000 domestic violence cases for child molest, other forcible sexual prosecution. The complex dynamics attacks, and failure to comply between the defendants and victims with sexual offender registration make prosecution of these cases laws. These crimes often have a particularly challenging. devastating effect on the lives of the victims.

Audry Nafziger Supervising Senior Deputy District Attorney Sexual Asssault/Family Protection Unit

Ventura County District Attorney 2015-2018 Term Report 21 Family Protection

Seated, L to R: Deputy District Attorney Christina Catapang; Supervising Senior Deputy District Attorney Audry Nafziger; Deputy District Attorney Susan Park; Standing, L to R: Deputy District Attorneys Gregory Agron, Justus Spillner, Brandon Yeaton, Emma Levey; Senior Deputy District Attorney Andrew Sullivant; Deputy District Attorneys Michael Kern, Craig Gardner

People v. Jeffrey Lindquist During an argument in their home in forcibly removed the victim’s 8-year- March 2015, the female victim fled old son from the home, causing injury Felony Corporal Injury to a from her husband, Jeffrey Lindquist, to to the child. The victim underwent Spouse with Great Bodily Injury; her 8-year-old son’s room. Lindquist four different surgeries to her eye as a Felony Dissuading a Witness from broke the door down to get to the result of the attack and suffers from a Reporting a Crime; Misdemeanor victim. He then repeatedly punched permanent disability. Child Endangerment the victim in the face resulting in an orbital fracture, so forcefully that he In July 2017, a jury convicted Lindquist Prosecutor: Amber Lee knocked her eye into her sinus cavity. of all charges. The court sentenced Investigator: Chris Borkovec When the victim attempted to call 911, Lindquist to the maximum sentence of Victim Advocate: Patricia Caputo Lindquist destroyed her phone and 11 years in prison.

People v. Thanh Van Jensen Jensen got into an argument after the known as bleeding on the brain, as victim discovered that Jensen had left well as multiple contusions. Assault with Force Likely to Cause the toilet seat up in a bathroom the two Great Bodily Injury; Battery with shared. During the argument, Jensen Jensen was convicted by a jury of Serious Bodily Injury became enraged and began punching assault with force likely to produce the victim repeatedly in the face and great bodily injury and battery with Prosecutor: Amber Lee head. The victim fled to the kitchen serious bodily injury with the special Investigator: Scott Peterson where Jensen pushed her to the floor allegation that Jensen personally Victim Advocate: Lisa Wright and repeatedly slammed her face into inflicted great bodily injury on the the tile floor. The attack continued until victim. Jensen was sentenced to 33 On March 12, 2016, Thanh Van Jensen Jensen’s elderly mother intervened years to life, pursuant to California’s was at home with his mother and his and Jensen retreated upstairs. The Three Strikes Law, having been adult sister, the victim. The victim and victim suffered a serious injury, a previously convicted of rape by force, subdural hematoma, commonly and lewd acts on a 10-year-old child.

22 Ventura County District Attorney 2015-2018 Term Report Sexual Assault

L to R: Senior Deputy District Attorneys Patrice Koenig and Tom Dunlevy; Supervising Senior Deputy District Attorney Audry Nafziger; Senior Deputy District Attorney Erik Nasarenko

People v. Gary Haw People v. Thomas Stephen Bork

Lewd Act on a Child Sexual Intercourse with Child Under 10, Lewd Acts on Children

Prosecutor: Andrea Haney Prosecutor: Erik Nasarenko Investigator: Kristina Bertilson Investigator: Scott Peterson Victim Advocate: Pat Wood Victim Advocate: Elizabeth Elizondo

Defendant Gary Haw owned a local In 2010, an 8-year-old girl told a Beach. Thereafter, a district attorney tanning salon where he employed social worker that her foster parent investigator identified an additional numerous underage males. Between had sexually abused her over the victim in the city of Porterville who 2000 and 2002, Haw sexually abused summer in his Camarillo home. had been molested when she was 3. underage victim John Doe 1 who was After conducting forensic interviews, an employee of the defendant. John Ventura County Sheriff’s detectives At trial, the victims of the charged Doe 1 and his family lived with the learned that both the 8-year-old girl offenses testified, as well as two defendant at the time of the abuse, and her 6-year-old sister had been victims whose crimes fell outside the but the victim did not reveal the abuse molested by their foster parent. statute of limitations. The defendant at the time it happened. When John was convicted on all nine counts, Doe 1 finally came forward years later, When another victim of the defendant including sexual intercourse with a a subsequent investigation revealed learned that he had taken in foster child, continuous sexual abuse of a numerous prior victims who had also girls, she notified social workers child, and forcible lewd acts. He is been molested by the defendant. Two and sheriff’s deputies that she and a currently serving a sentence of 124 victims came forward after seeing a number of other relatives had been years to life in state prison. press release by the Ventura County sexually abused by the defendant at Sheriff’s Office. On February 28, 2017, a family farm in Bradley, California, the jury convicted the defendant of in the 1980s and early 1990s. In five counts of lewd act on a child, and the course of investigating these he was sentenced to the maximum new disclosures, detectives learned sentence of 5 years 8 months in the of another victim, whose sexual California Department of Corrections abuse began in 1970 in Huntington and Rehabilitation.

Ventura County District Attorney 2015-2018 Term Report 23 People v. William Beliveau as a friend while he helped to support the defendant had supplied her with her sobriety. When she woke up that vodka. Two additional women came Penetration by Foreign Object morning, she was completely nude forward and later testified that, despite but for a shirt dangling from her arm, knowing that they were alcoholics, the Prosecutor: Erik Nasarenko which shocked and frightened her defendant would regularly provide Investigator: Mike Aguilar because she went to bed fully clothed. them alcohol. Victim Advocate: Patricia Caputo The defendant’s DNA was found on her body. The defendant was convicted at jury In June 2016, a 54-year-old woman trial of two counts of sexual penetration went to Los Robles Hospital reporting The Sheriff’s Office sent out a press of two victims – one count while the that she had been sexually assaulted release seeking additional victims. victim was unconscious, and the other earlier that morning. Hospital staff In response, a separate victim, while the victim was intoxicated. He contacted the Sheriff. Investigation also a recovering alcoholic who was sentenced to 10 years in prison. determined that the victim was a had met the defendant through recovering alcoholic who had met the Alcoholics Anonymous meetings, told defendant at Alcoholics Anonymous detectives that she was assaulted meetings and agreed to live with him in her Thousand Oaks home after

Elder/Dependent Adult Abuse

The Elder/Dependent Adult Abuse fraud, and financial abuse. The prosecutor is responsible for prosecutor receives specialized prosecuting crimes committed training concerning unique issues against people aged 65 and older such as cognitive impairment, and against dependent adults ages dementia, Alzheimer’s disease, and 18-64. The unit handles all physical, developmental delays. Working financial, and sexual abuse crimes closely with law enforcement, Adult against these victims. From 2015 Protective Services, Tri-Counties through 2018, the Elder/Dependent Regional Center, and Behavioral Adult Abuse Unit filed over 400 Health, the District Attorney strives to criminal complaints. Physical crimes bring justice to vulnerable victims and include manslaughter, attempted minimize the stress and emotional murder, battery, sexual assault, impact of criminal conduct on their physical abuse, mental abuse, lives. and neglect. Financial crimes against elders include identity theft,

Julia Snyder Deputy District Attorney

24 Ventura County District Attorney 2015-2018 Term Report MISDEMEANOR UNIT

The Misdemeanor Unit is staffed with Designated prosecutors in the 11 prosecutors and two paralegals. Misdemeanor Unit handle Fish and The unit’s prosecutors handle a wide Wildlife cases, Contractors State range of criminal violations including Licensing Board cases, and Alcoholic driving under the influence of alcohol, Beverage Control cases, working battery, theft, narcotics offenses, and closely with law enforcement by brandishing of weapons. In 2014, the providing training and assisting with voters approved Proposition 47, which investigations. As part of the office’s reduced many crimes previously effort to combat the demand side of prosecuted as felonies, dramatically the human trafficking problem, a unit increasing the number of cases prosecutor is also assigned to handle handled by the Misdemeanor Unit. In prostitution cases with a focus on 2017, the unit handled over 16,400 prosecuting sex purchasers. cases, nearly a 70 percent increase over the number of cases handled by the unit in 2013.

Brent Nibecker Supervising Senior Deputy District Attorney Misdemeanor Unit

Seated, L to R: Deputy District Attorneys Susan Sabry, Stephanie Ramirez, Tyler Zaremba, David Kwon Standing, L to R: Deputy District Attorneys Alexa Leibl, Megan Rayburn, Heather Sweatman; Supervising Senior Deputy District Attorney Brent Nibecker; Deputy District Attorneys Paul Benjamin, Hayley Moyer, Michael Brenn

Ventura County District Attorney 2015-2018 Term Report 25 People v. Isias Moo

Driving Under the Influence; Driving Without a License

Prosecutor: David Kwon Investigative Assistant: Dean Phaneuf

On May 19, 2009, Isias Moo was Moo provided false identification and caught driving under the influence of a false name to the arresting officer alcohol for the third time. A California during the investigation. Highway Patrol officer first noticed Moo at 1:35 a.m. when Moo was After Moo was released from custody, driving 90 miles per hour on the he failed to appear at his next court southbound 101 freeway in the city date. An arrest warrant was issued of Thousand Oaks. Upon contacting but law enforcement was unable to Moo, the officer could smell an odor locate him. Moo was able to avoid of an alcoholic beverage and saw that the court process for over seven Moo had red and watery eyes. After years. In 2017, Moo was finally conducting a series of field sobriety arrested on his warrant and brought tests, Moo was arrested for driving to trial. A jury found Moo guilty on under the influence of alcohol. A all counts. For Moo’s third driving- chemical test revealed that his blood- under-the-influence conviction, he alcohol level was 0.08. He was was sentenced to serve 210 days in in possession of cocaine and was jail and 60 months formal probation. driving without a valid driver’s license.

Misdemeanor Diversion Program

In October 2017, the District influence, domestic violence, gang- by Pacific Educational Services, Inc. Attorney instituted a Misdemeanor related offenses, crimes exhibiting (PES), a leader in California diversion Diversion Program for low-level criminal sophistication, and crimes programs. A study conducted by the misdemeanor offenders. The program of significant violence. Those who Orange County District Attorney’s is an effort to reduce recidivism by complete the diversion program Office found that while 21 percent providing meaningful education and as required do not face prosecution. of those who declined diversion rehabilitation. Those who choose to re-offended within one year, only 6 participate have their charges deferred Participation in diversion is voluntary. percent of those who completed the while they complete rehabilitative This program is entirely funded by PES program committed a new crime classes and pay any restitution owed offenders, with neither cost nor in that timeframe. to the victims. Programming is based revenue to the District Attorney’s on a therapeutic concept known Office or the County of Ventura. This program provides offenders as cognitive behavioral therapy and A portion of the fees paid is placed with an opportunity to address the addresses the core cause or causes of in an indigent offender fund which issues that led them to offend in the an offender’s conduct with topics such is used to reduce program fees for first place. If that aim is achieved, this as victim impact, theft prevention, life qualifying indigent offenders. program will improve the safety of skills, substance abuse education, our community, make victims whole, and anger management. Excluded While offender eligibility for diversion reduce the burden on the court from the program are more serious is determined by a deputy district system, and help offenders change crimes such as driving under the attorney, the program is administered their lives for the better.

26 Ventura County District Attorney 2015-2018 Term Report FISCAL, ADMINISTRATIVE, & LEGISLATIVE SERVICES UNIT

The Fiscal, Administrative, and accounts payable and receivable, Legislative Services Unit is an integral contracting for services and expert part of nearly every operation at witnesses, all employee and witness the District Attorney’s Office. The travel, facility maintenance requests unit’s staff handles an array of for approximately 80,000 square feet, functions, including preparation and and a variety of special projects. Many administration of a $53 million budget, of these functions require coordination the management of grants and other with the County Executive Office, revenue sources that substantially Human Resources, Labor Relations, reduce the Office’s net county cost, the Risk Management, General Services recruitment and on-boarding of highly Agency, and the Auditor-Controller’s talented employees, administration of Office. In short, the unit ensures the employees’ benefits, payroll functions Office has the resources it needs to for its staff of 275 employees, accomplish its mission. application of internal fiscal controls and coordination of external audits,

Stuart Gardner Senior Deputy District Attorney Fiscal and Administrative Services Director

L to R: Accounting Assistant Edwin Sampang; Staff Services Manager Judy Coronado; Fiscal and Administrative Services Director Stuart Gardner; Administrative Assistant Karen Simpson; Accountant Joseph Fienberg

Ventura County District Attorney 2015-2018 Term Report 27 INFORMATION TECHNOLOGY UNIT

The Information Technology Unit The ITU supports the office’s state- (ITU) provides the technological tools of-the-art communication network, and services necessary to keep the linking the five office locations and District Attorney’s Office functioning hundreds of desktops, mobile devices, effectively. Under the leadership of scanners, and printers to more than the Information Technology director, 20 virtual servers. In addition, the the ITU is responsible for the design, ITU provides on-demand technical development, implementation, and support to all calls for assistance. The support of all technology hardware and team continues to examine emerging software. The ITU maintains case and technologies to improve capabilities content management systems, and and services. The unit also manages supports community outreach and the office’s intranet and public Web prosecution efforts in the courtroom. site. More recently, with the assistance of ITU, the District Attorney’s Office has The ITU also provides direct support launched a Twitter account to keep to local law enforcement in the use of the public informed of news releases the Ventura County Integrated Justice and other announcements. Information System (VCIJIS) case Gene Mecagni management database. Director Information Technology Unit

L to R: Mike Sanders, Charles Swaim, Alfredo Valenzuela, Steve Davidson

28 Ventura County District Attorney 2015-2018 Term Report LEGAL SUPPORT SERVICES UNIT

The Legal Support Services Unit prosecution effort. In 2015, staff provides essential clerical and processed and printed almost 90,000 secretarial support to attorneys, subpoenas and in 2018 approximately investigators, managers, and 101,500. Between 2015 and 2018, paraprofessionals in the District staff prepared a yearly average of one Attorney’s Office. This unit has million photocopies and duplicated a 54 highly skilled employees who yearly average of 11,500 DVDs and support numerous unique operations CDs. Staff prepared and processed within the office. Support services an average of 245 felony cases, include witness coordination, which 1,828 misdemeanor cases, and 226 prepares and mails subpoenas, keeps juvenile cases per month, and word witnesses apprised of case status processors typed an average of 8 through our on-call system, and alerts million words per year. witnesses to when they are needed Ann Phelps in court. Clerical staff open files, track For many years, clerical staff has Staff Services Manager them in our database, and make sure sequentially numbered (Bates files and documents get to where stamped) all pages of reports in felony they are needed for prosecution. cases to ensure that defense counsel Our word processing staff converts has received complete discovery; audio recordings into transcripts for during this term, that process was investigation and court, and prepares expanded to misdemeanor cases other essential documents. The once the case is set for trial or pretrial. discovery staff provides police reports and other documents to defense The Legal Support Services counsel and processes billing. Legal Unit is extremely proud of its secretaries finalize, serve, and file accomplishments and is committed documents for court. Other services to maintaining a professional level include reception, criminal history (rap of support services and programs sheets), legal management assistance, designed to enhance the efficiency of and mail room/courier services. the criminal prosecution process.

The Legal Support Services Unit is an essential component of the

Carmen Marquez, Receptionist L to R: Legal Processing Assistants JoAnn DelaCruz, Erika Garcia; Clerical Supervisor Laura Lovio; Legal Processing Assistant Mary Medina

Ventura County District Attorney 2015-2018 Term Report 29 Legal Support Staff

L to R: Office Assistant Yolanda Chavez and Courier Pernell Winbush Felony Records Seated, L to R: Legal Processing Assistant Louise Alfieri; Clerical Supervisor Marlena Tovar; Legal Processing Assistant Lesly Cervantes. Standing, L to R: Legal Processing Assistants Clara Lascano-Limas, Cyndy Villa, Sandra Carmona, Paulina Alvarado

L to R: Information Processing Operator Bobbie McQueen; Clerical Supervisor Francine Garcia; Information Processing Operator Suzanne Quam

Misdemeanor Records L to R: Legal Processing Assistant Marlen Cabada; Clerical Supervisor Linda Vivian; Legal Processing Assistants Francine Litada, Dulce Zellmer

L to R: Legal Processing Assistants Eduardo Duran, Laura Garibay; Clerical Supervisor Francine Garcia; Legal Processing Assistants Jessica Ramirez, Chantra Siggard, and Mariana Villsaenor.

Felony Secretaries L to R: Legal Processing Assistants Daniel Cruz, Pam Dixon; Clerical Supervisor Linda Vivian; Legal Processing Assistants Analia Silva, Veronica Moreno

L to R: Clerical Supervisors Francine Garcia, Laura Lovio, Linda Vivian, Marlena Tovar

30 Ventura County District Attorney 2015-2018 Term Report SPECIAL PROSECUTIONS

Special Prosecutions investigates and prosecutes some of the most complex cases in our criminal justice system, many of which result in significant financial losses to victims. Depending on the type of crime, Special Prosecutions cases may be assigned to Consumer and Environmental Protection, Fraud and Technology Crimes, Real Estate Fraud, Asset Forfeiture, Code Enforcement, Child Abduction Recovery, Automobile Insurance Fraud, or Workers’ Compensation Fraud. Special Prosecutions also oversees the Juvenile Unit, where juvenile offenders are handled separately from adult offenders in the criminal justice system, regardless of the type of crime committed; and the recovery of losses through the Non-Sufficient Funds Checks Unit.

W. Charles Hughes Cases investigated and prosecuted by Special Prosecutions typically Chief Deputy District Attorney involve computer crimes, insurance fraud, securities fraud, embezzlement, Special Prosecutions white collar thefts, and real estate fraud. The cases are complex and often involve thousands of documents. Victims, who may be private citizens, large corporations, insurance companies, or elderly retirees on limited incomes, often suffer cumulative losses in the millions.

Special Prosecutions cases continue to increase in both size and complexity. To meet this challenge, the unit uses a team-and-technology approach in investigating and prosecuting fraud cases within specific specialized areas. Teams are often made up of prosecutors, investigators, and support staff. In some instances, investigators and support staff are provided by other agencies, such as the High Technology Task Force, the Department of Insurance, the Department of Corporations, the Employment Development Department, the Department of Labor Standards Enforcement, the State Contractors License Board and the State Franchise Tax Board, among others. These specialized teams, using the latest technology, are effective in the war against major fraud. Brian Rafelson Supervising Senior Deputy District Attorney Special Prosecutions

Asset Forfeiture/Code Enforcement

The Asset Forfeiture/Code Enforcement prosecutor works with local law enforcement to reduce the profitability of crime by bringing civil forfeiture actions to confiscate the proceeds of crime, including cash and property. When criminals profit from their crimes, state and federal laws allow law enforcement agencies to seize the ill-gotten gains in specific circumstances. This attorney also prosecutes violations of laws relating to building and safety, weights and measures, and environmental health.

Karen Wold Senior Deputy District Attorney

Ventura County District Attorney 2015-2018 Term Report 31 Auto Insurance Fraud Child Abduction & Recovery

Chrystina Jenson L to R: Investigative Assistant Lisa Simmons; Investigators William Miller and Senior Deputy District Attorney Thomas Radwan; Senior Deputy District Attorney Kathy LaSalle

Auto Insurance Fraud prosecutes Child Abduction and Recovery works on behalf of the court to enforce child cases of fraud committed against custody and visitation orders. Often dealing with highly emotional family auto insurance providers and dynamics, the unit focuses on securing voluntary compliance with court carriers, which drive up insurance orders, but enforces compliance when voluntary efforts fail. Navigating the costs for everyone. Cases may differing laws in other states and nations, attorneys and investigators return involve false injury claims, fraudulent abducted children from anywhere in the world to the jurisdictions in which they repair shop billing, staged accidents, belong. In appropriate cases, abducting parents are charged with criminal and after-acquired insurance claims. violations. The section is funded by a grant from, and works closely with, the Department of Insurance. People v. Ira Brown to take the four-year-old, ultimately fleeing the state with the child and Child Abduction moving to Nevada.

Prosecutor: Kathy LaSalle The Ventura County Family Superior Investigator: Tom Radwan Court Law Division appointed the Investigative Assistant: District Attorney’s Child Abduction Dominique Rosales and Recovery Unit to locate and return the child to California. The defendant Defendant Ira Brown and his wife were was eventually located and, with the married for seven years, during which assistance of the Nevada Attorney time they had three children, aged General’s Office, was arrested. The four, five, and seven. The defendant child was recovered and returned regularly abused drugs, suffered to his mother in California. The from mental health issues, and defendant was extradited back to routinely committed acts of domestic California where he pled guilty to two violence in front of the children. After counts of child abduction. In October a violent episode in June 2015, the 2015, he was placed on probation for defendant’s wife packed to leave and 60 months and ordered to serve 132 tried to take all three children with her. days in the Ventura County jail. The defendant would not allow her

32 Ventura County District Attorney 2015-2018 Term Report Consumer/Environmental Protection

L to R: Senior Deputy District Attorneys Mitchell Disney, Mickye Coyle, Dominic Kardum; Staff Services Manager Christine Mitchell; Deputy District Attorney Danny Lo; Program Administrator Stephen Mattern

Consumer and Environmental People v. Albert Solano Solano and his workers deliberately Protection investigates and broke pipes, clogged drains, and prosecutes individuals and businesses Financial Elder Abuse; Residential created water damage to increase the who violate environmental laws such Burglary; Insurance Fraud scope of unnecessary work. Solano as improper handling, disposal, or routinely submitted fraudulent invoices transportation of hazardous waste Prosecutor: Mickye Coyle to his victims’ homeowners’ insurance and materials, as well as unlawful air carriers, sent victims to collection or water pollution. Albert Solano operated a fraudulent for sums they did not owe, and filed plumbing scheme, largely targeting false mechanics liens on his victims’ Consumer offenses commonly seniors. Solano advertised a $49.95 homes. involve unfair business practices and drain cleaning special as a “bait false advertising, which give offending and switch” tactic to gain entry into On January 24, 2017, Solano pled businesses an unfair competitive victims’ homes. Once inside, Solano guilty to 30 felony counts involving advantage over those businesses or his employees deceived victims residential burglary, elder abuse, filing who diligently follow the law. These into believing their plumbing problems a false instrument, insurance fraud, cases may be filed in either civil or were more severe than just a clogged and grand theft. He was sentenced criminal courts. A key component is drain. Solano used scare tactics to to 10 years in prison and was ordered public outreach to alert the public rush victims into signing contracts for to pay full restitution to his victims. to emergent scams and deceptive thousands of dollars, then immediately activities. began jackhammering floors to prevent the homeowners from seeking a second opinion.

Ventura County District Attorney 2015-2018 Term Report 33 People v Green Compass A post-explosion investigation by the Petromax, in leaking, unmarked and District Attorney’s Office with support improperly stored totes and barrels at Environmental Solutions, from local and federal and regulatory the Santa Paula facility. Petromax had LLC, Santa Clara Waste Wa- agencies, including VCEH, USEPA not been reported by the defendants ter Company, et al. and USDOT, revealed the defendants as mandated by law. On March illegally accepted and disposed of 18, 2016, a grand jury returned a On November 18, 2014, at hazardous waste, recklessly handled 13-count indictment against the approximately 3:45 a.m., an hazardous waste, falsified lab results corporate defendants as well as four explosion occurred in Santa Paula at they provided to the City of Oxnard, individuals. a wastewater treatment facility owned violated labor laws and OSHA The indictments were consolidated and operated by Santa Clara Waste regulations, and engaged in other and the cases against 10 of the 11 Water Company and Green Compass unlawful activities including moving charged defendants were concluded Environmental Solutions, LLC. The chemicals off site to a local storage by plea, with a restitution order of explosion was caused by the reckless lot prior to inspections by VCEH $3,597,621. To date, the victims in handling and disposal of a hazardous personnel. On August 7, 2015, a grand this case have received $950,000 in chemical, which was pumped into a jury returned a 71-count indictment restitution as a result of this successful vacuum truck containing incompatible against the corporate defendants, as prosecution. chemicals. Numerous employees and well as nine individuals. first responders were injured by the explosion of the vacuum truck, or by Approximately one year after inhaling toxic fumes of chlorine dioxide the November 2014 explosion, gas resulting from the explosion, or the defendants concealed their from a large chemical fire that erupted possession of approximately 5,500 after the explosion. gallons of a hazardous chemical,

People v. O’Reilly Auto Parts

Civil Violations of Hazardous Waste Laws

Prosecutor: Mitchell Disney

The Ventura County District Attorney’s Environmental Protection Unit, along distribution centers were in violation of Office, with the district attorneys’ with investigators from other district state law. Eight of those O’Reilly stores offices of Alameda and Yolo counties, attorney’s offices and environmental are in Ventura County. led a 50-prosecutor investigation and regulators statewide, conducted a civil prosecution of hazardous waste series of undercover inspections of Under the settlement entered violations by Missouri-based O’Reilly waste bins originating at O’Reilly November 2016, O’Reilly paid $6 Auto Parts. A stipulated judgment stores. The inspections revealed that million in civil penalties and $500,000 resolved allegations that more than O’Reilly routinely and systematically to reimburse the costs of the 525 California O’Reilly Auto Parts disposed of used oil, used oil filters, investigation. An additional $1.51 stores unlawfully handled, transported, and hazardous wastes to local landfills million was paid by O’Reilly to fund and disposed of hazardous waste and throughout California that were not supplemental environmental projects materials including motor oil, alkaline permitted to receive those wastes. furthering consumer protection batteries, electronic waste, aerosol The investigation also revealed and environmental enforcement in cans and other toxic, ignitable and that O’Reilly regularly transported California, and $1.85 million was paid corrosive wastes. hazardous wastes from its stores to its to fund hazardous waste minimization California distribution centers without and enhanced compliance projects. During 2013 and 2014, investigators required licenses. The statewide waste The retailer is bound under the terms from the Ventura County District inspections revealed that 42 out of of a permanent injunction prohibiting Attorney’s Consumer and 43 O’Reilly stores and both O’Reilly similar future violations of law.

34 Ventura County District Attorney 2015-2018 Term Report People v. Avi Gozlan People v. Wells Fargo Bank People v. Abraham Zafrani

Conspiracy, Grand Theft, Civil Violations of California Privacy Involuntary Manslaughter; Violation Theft from Elders, Laws of a Safety Order Leading to Death Filing False Document, Eavesdropping Prosecutor: Mitchell Disney Prosecutor: Maeve Fox

Prosecutor: Karen Wold The Ventura County District Attorney’s Defendant Abraham Zafrani, an Investigator: Jeff Barry Office, together with the California unlicensed contractor, agreed to build State Attorney General’s Office and a retaining wall into a steep slope Between 2005 and 2013, defendant district attorney’s offices from Los between a residence and the Pacific Avi Gozlan operated a fraudulent Angeles, Riverside, Alameda, and Coast Highway. Zafrani failed to remodeling and home improvement San Diego counties, prosecuted consult a qualified engineer to address business across Southern California a civil enforcement action against the dangers of building on the unstable under several company names. Wells Fargo Bank for repeated hillside. He obtained a building permit Gozlan and his co-conspirators violations of California’s privacy laws. by substantially misrepresenting the sold home improvement services to The complaint, filed in Los Angeles project. A building inspector visiting consumers, largely targeting seniors, Superior Court, alleged that Wells the worksite immediately recognized using a sophisticated network of Fargo failed to timely and adequately that the project did not match the telemarketers who were each required disclose its automatic recording of permitted plan and issued a notice to make hundreds of solicitation phone calls with members of the requiring Zafrani to consult an engineer calls daily. They misled consumers public. and resubmit an appropriate plan into believing the companies were before continuing construction. properly licensed contractors. Wells Fargo did not comply with California’s requirement that a caller Zafrani ignored the directive, hiring day The defendants set up the businesses must be advised at the outset if a call laborers, including the unsuspecting using legitimate license numbers of is being recorded so that he or she can victim, to continue digging the footing semi-retired contractors and then object or terminate the call if he or she for the wall. On September 18, 2011, paid them a monthly fee to use their does not wish to be recorded. Once due to Zafrani’s improper construction licenses. The licensed contractors notified of the alleged deficiencies in techniques, Antonio Mejia was did not oversee or participate in the the recording disclosures, Wells Fargo crushed to death when a wall of earth contracting business. A majority worked cooperatively to implement collapsed into the trench in which he of the contracting work was either changes in the bank’s policies was working. The California Division substandard or never actually nationwide. of Occupational Safety and Health performed. In addition, numerous (Cal/OSHA) was the lead agency to homeowners were overbilled for Under the terms of the judgment, investigate the cave-in. their projects. Nine Ventura County approved by the court in March homeowners were victimized as 2016, Wells Fargo was ordered to Zafrani was charged with involuntary a result of damage to their homes pay civil penalties totaling $7,616,000 manslaughter and violating a safety caused by Gozlan’s illegal contracting and to reimburse the prosecutors’ order leading to death for ignoring the businesses. investigative costs of $384,000. In required Cal/OSHA standards. After addition to the above penalties and a three-week jury trial, he was found Gozlan pleaded guilty to 13 felonies, investigative costs, Wells Fargo was guilty on both counts. In October paid $400,000 in restitution to his ordered to contribute $500,000 to two 2017, he was sentenced to 180 days victims, and in February 2015, was statewide organizations dedicated to in jail. sentenced to 10 years in prison. The advancing consumer protection and other co-conspirators all pled guilty privacy rights. Wells Fargo agreed to a variety of charges, including to implement an internal compliance financial elder abuse, and paid more program to ensure that the policy than $600,000 in restitution. changes are made.

Ventura County District Attorney 2015-2018 Term Report 35 Fraud & Technology Crimes

Prosecutors in Fraud and Technology Crimes handle some of our most significant financial fraud cases, as well as cases in which computer technology is used to commit crime. Section attorneys team with highly trained forensic computer analysts to prosecute such crimes as possession or distribution of child pornography, identity theft, and possession of fraudulent or counterfeit documents.

Senior Deputy District Attorneys Marc Leventhal and Howard Wise

People v. Kristin Davis officer, wrote and signed checks In February 2016, after an eight-week from the homeowners’ associations jury trial, Davis was found guilty of Grand Theft; Forgery; Tax Evasion to Paradigm, without the boards’ 16 felonies, including grand theft, knowledge or approval. Davis forged forgery, insurance fraud, tax evasion, Prosecutor: Howard Wise contracts with both homeowners’ and failure to file tax returns. Davis Forensic Accountant: Jim Adriansen associations that appeared to justify was sentenced to serve 12 years in higher fees than had been agreed state prison and was ordered to pay From 2007 until 2009, Kristin Davis upon by the previous board members. restitution of more than $2 million. Hoff owned and operated Paradigm Davis made unauthorized internet testified against Davis at her trial. Hoff Association Management Group transfers from the bank accounts was placed on felony probation and (Paradigm), which managed of both homeowners’ associations. was ordered to serve 270 days in jail homeowners’ associations. Davis Davis also failed to file personal or and pay $64,670 in restitution. used her position to steal more than $2 corporate taxes for Paradigm. After million from homeowners associations criminal charges were filed for not filing in Simi Valley and Calabasas. Davis and tax returns, Davis then filed false tax Melissa Hoff, Paradigm’s chief financial returns.

People v. James Schmitt from the Philippines, and in some Schmitt pled guilty to two felony instances the producers streamed counts of possession of child Possession of Child Pornography live sex acts involving minors to pornography. He was sentenced paying customers. to one year in jail and placed on Prosecutor: Marc Leventhal probation for five years, including a Investigator: Catherine Mano In 2015, the FBI traced the locations lifetime requirement that he register of the U.S.-based customers and as a convicted sex offender and strict In 2014, Yahoo, an internet service referred the case to local prosecution terms prohibiting him from contacting provider, and Xoom, an online agencies. One Yahoo account was children. money transfer service, determined traced to Oxnard resident James that hundreds of customers all Schmitt, a probation officer. Analysis over the world were using their of computers seized from Schmitt’s services to acquire and pay for child home revealed that Schmitt pornography. The child pornography actively sought and obtained child was produced in and distributed pornography for several years.

36 Ventura County District Attorney 2015-2018 Term Report Real Estate Fraud

Senior Deputy District Attorney Anthony Wold; Forensic Accountant Jim Adriansen

The Real Estate Fraud team People v. Gregoria Mendoza was formed in 2005 to address a rising wave of real estate and Grand Theft mortgage fraud crimes. Using both sophisticated schemes and simple Prosecutor: Stephen Slyker deceit, unscrupulous individuals Investigators: Heather Tallent, Chris Borkovec most often target unsophisticated, elderly, or monolingual Spanish- speaking victims to steal their Defendant Gregoria Mendoza used over nine years, creating a trail of homes or their life’s savings. Cases at least six separate theft schemes fraud, deceit, and manipulation that commonly involve foreclosure rescue to steal more than $500,000 from ruined the financial lives of her victims. schemes, unauthorized home rental ten Spanish-speaking homeowners. scams, charging advance fees with Mendoza manipulated the victims into In May 2016, Mendoza pled guilty the promise of lowering mortgage cashing out equity from their houses to seven felony counts and admitted payments, equity theft, securities and “investing” the money into both excessive loss and aggravated fraud, and recording of forged deeds “investment properties.” Mendoza white-collar crime enhancements. to change home ownership without then used the investors’ money to pay She was sentenced to 7 years 4 the owner’s knowledge. Real Estate her own personal bills and the interest months in state prison and was Fraud personnel work closely with returns promised to the investors. ordered by the court to pay over local police, the Federal Bureau of $500,000 in restitution. The District Investigation, United States Secret Mendoza also made fraudulent Attorney’s Real Estate Fraud Unit was Service, California Department of loans, created false investments, able to secure a substantial portion Corporations, California Bureau of and illegally accepted up-front fees of the victim restitution by using Real Estate, and California Franchise for loan modification services. Taking the aggravated white-collar crime Tax Board to deter, investigate and advantage of relationships with family enhancement and seizing various prosecute real estate fraud crimes. members and business partners, assets controlled by Mendoza. Our prosecutors and investigators Mendoza’s criminal activity spanned team with real estate professionals on the Ventura County Real Estate Fraud Advisory Team (REFAT) to alert the public and the industry to common and emerging fraud schemes.

Ventura County District Attorney 2015-2018 Term Report 37 People v. Patrick Abrahamian, lease term, the Abrahamians refused The investigation revealed that the to vacate the home. The victim later defendants had been involved in a Michelle Abrahamian, and learned that the Abrahamians had series of highly similar real estate Taline Indra forged and recorded a grant deed frauds elsewhere in Ventura County conveying his home, as a gift, to and Los Angeles County. Recording a False Document; Michelle Abrahamian. Forgery In February 2018, after a three-week The forged deed was fraudulently jury trial, all three defendants were Prosecutor: Anthony Wold notarized by defendant Taline Indra, convicted of felony counts involving Investigator: Heather Tallent who is Michelle Abrahamian’s sister. recording a false document and Patrick Abrahamian subsequently forgery. Patrick Abrahamian was In 2012, Patrick Abrahamian impersonated the victim in a lawsuit sentenced to 11 years 4 months in approached a 65-year-old man filed by Abrahamian against the state prison. Michelle Abrahamian and with an offer to help him negotiate a victim’s mortgage lender, resulting in Taline Indra were each sentenced to 7 modification of his mortgage. In return, additional false documents being filed years 8 months in state prison. the victim agreed to lease his home in both the Ventura County Superior to Abrahamian and his wife, Michelle Court and the County Recorder’s Abrahamian, while the modification Office. was negotiated. At the end of the

Workers’ Compensation Insurance Fraud

Attorneys and investigators in Workers’ Compensation Fraud work closely with insurance companies and the California Department of Insurance to prosecute employees and employers who violate California’s workers’ compensation laws. Common offenses include employees making fraudulent claims for workers’ compensation benefits, employers failing to obtain workers’ compensation insurance for employees, employers underreporting their payroll to avoid paying required insurance premiums, and doctors submitting inflated invoices for services provided to injured workers.

Deputy District Attorney Andrew Reid and Senior Deputy District Attorney John Vanarelli

38 Ventura County District Attorney 2015-2018 Term Report JUVENILE UNIT

The Juvenile Unit prosecutes crimes committed by minors under the age of 18. The unit consists of one supervisor, four attorneys and a paralegal. The cases handled by the unit include misdemeanors such as driving under the influence and school fights, as well as serious felonies such as gang robberies and sexual assaults. From 2015 through 2018, the unit prosecuted approximately 3,000 delinquency (criminal) cases and approximately 2,000 status offenses (truancy or curfew). Using a collaborative approach, prosecutors assigned to the unit emphasize rehabilitation and juvenile crime prevention for all but the most serious offenders; working with parents, school officials, local law enforcement, and community-based organizations to achieve these goals.

Because juvenile and subsequent adult crime are frequently linked to school truancy, the unit takes a leadership role in School Attendance Review Boards, working to keep at-risk youth in school. Prosecutors review student attendance issues, educate parents and students about truancy impacts, Stacy Ratner conduct mediations, and, when appropriate, file petitions against truant Supervising Senior Deputy District Attorney students and those parents who habitually fail to ensure attendance. Between Juvenile Unit 2015 and 2018, the Juvenile Unit served approximately 7,000 students in the SARB program.

L to R: Legal Processing Assistant Sasha Alcantara; Victim Advocate Maria Campos-Davies; Senior Deputy District Attorneys Stephen Slyker and Jennie Thrift; Legal Processing Assistant Bruce Holler; Senior Paralegal Yvonne Pampalone; Senior Deputy District Attorney Maureen Byrne

Ventura County District Attorney 2015-2018 Term Report 39 In re Phillip G. In re Guillermo H. In re Edgar L.

Second-Degree Robbery, with Assault with a Firearm; Shooting at Gross Vehicular Manslaughter Infliction of Great Bodily Injury an Inhabited Dwelling House while Intoxicated; Fleeing a Collision Involving Death Prosecutor: Stephen Slyker Prosecutor: Jennie Thrift Prosecutor: Jennie Thrift Sixteen-year-old Phillip G. entered On August 30, 2015, 16-year-old an Oxnard laundromat with another Guillermo H. went to an El Rio home During the early morning of June minor while armed with a four- and asked that a male occupant step 24, 2016, Edgar L., an intoxicated foot-long stick with a six-inch nail outside. When the male and a female 17-year-old, sped through an Oxnard imbedded into the end. The minor occupant went outside, the minor neighborhood in a Ford Expedition. demanded money from an elderly began firing a handgun at them. The The minor struck a bicyclist riding man working at the business. victims took cover behind a large on the roadside, throwing the victim truck parked in their driveway. The a considerable distance from the When the 84-year-old man told male victim reported hearing two or point of impact. The victim later the minor that he did not have any three gunshots, a clicking sound, a died of blunt force trauma. The money, the minor struck him in the pause, and several more gunshots, minor fled the scene on foot, but face and jabbed the stick into his after which the minor ran from the was quickly apprehended. Blood eye. The minor than told the man to residence. No one was injured in sample analysis revealed Xanax and give him the money or he would kill the shooting. cannabinoids in his blood. The minor him. The victim’s eye was swollen admitted his crime and was declared shut from the attack and he suffered Sheriff’s deputies located the minor a ward of the court. He served 540 a large laceration above and below in the area and pursued him into the days in the Juvenile Facility. his eye from the stick and nail striking yard of a nearby residence. After him in the face. he was detained, deputies found a .38 special revolver in the yard and The minor admitted the charges of a spent .38 caliber bullet casing in robbery with infliction of great bodily the minor’s shoe. A Ventura County injury and was ordered to serve 450 Forensic Sciences Laboratory days in the Juvenile Facility. scientist determined that the bullet had been fired from the recovered .38 special.

Although a complaint was initially filed in adult court, the passage of Proposition 57 mandated that the minor be returned to juvenile court. After a contested juvenile trial, the minor was adjudged a ward of the court and committed to the California Department of Juvenile Justice until the age of 23.

40 Ventura County District Attorney 2015-2018 Term Report Non-Sufficient Funds (NSF) Consumer Mediation & Check Restitution Unit Small Claims Assistance Units

Camco Pacific Construction The District Attorney’s Consumer Mediation Unit serves as a free Administrative Assistant: service to assist Ventura County Robin Tribbitt residents resolve disputes between consumers and businesses, and On September 19, 2017, Camco landlords and tenants, without court Pacific Construction issued a $65,790 action. Addressing a wide variety check to a glass company in Ventura of business and consumer-related as payment for significant glass work conflicts, the unit also provides done during the remodel of a local information regarding consumer auto dealership. When the check was protection laws and makes referrals returned for non-sufficient funds, the to specialized state or federal glass company contacted the District agencies. Recent examples of Attorney’s Office for help. After contact successful mediations include by the NSF Check Unit, Camco Pacific settlement of a dispute between made full restitution to the glass a consumer and a manufacturer company on December 15, 2017. involving a defective product and a settlement involving unpaid fees Robin Tribbitt between a homeowner and a local Administrative Assistant NSF Unit homeowners’ association, which allowed escrow to close on a sale of the property. The Non-Sufficient Funds (NSF) Check People v. Hanna Linda Haskell Restitution Unit has a two-fold aim: to Between 2015 and 2018, mediators secure restitution for individuals and Passing Checks with Insufficient responded to nearly 2,000 inquiries businesses who have received bad Funds for Payment from the public each year. During checks and to reduce recidivism. this time period, mediators handled Program participants are given 15 Prosecutors: Brian Rafelson and more than 1,200 formal mediations, days to pay full restitution. If restitution Kevin Drescher resulting in voluntary settlement is not timely made, the participant must payments exceeding $1.2 million. also complete a diversion class about In late 2000, the District Attorney’s the proper handling of a personal Office’s NSF Check Unit received The Small Claims Assistance Unit checking account. Participants who complaints from nine business owners provides information to litigants do not complete these requirements who received NSF checks written by regarding Ventura County Small may face criminal charges. Between Hanna Linda Haskell totaling $10,991. Claims Court procedures for filing and 2015 and 2018, the NSF program After unsuccessful attempts to locate presenting claims, defending claims, returned hundreds of thousands of Haskell and to recover restitution, and collecting judgments. Responding dollars to local bad check recipients. felony charges for passing bad checks to both telephone and in-person were filed against her and a warrant inquiries, small claims advisors at the was issued for her arrest. In 2015, District Attorney’s Office in Ventura Haskell, who had left the jurisdiction, and the East County Courthouse in contacted the District Attorney’s Office Simi Valley assisted approximately with a request to make full restitution in 10,000 people per year between 2015 exchange for dismissal of the charges. and 2018. Haskell’s offer was accepted, and all nine victims recovered the full amount of their losses.

Ventura County District Attorney 2015-2018 Term Report 41 JUSTICE SERVICES The Justice Services Division is receive information that could have managed by the Special Assistant a bearing on the credibility of peace District Attorney. It includes the officer witnesses, as mandated by the Writs, Appeals, and Training Unit, due process requirements of Brady v. the Conviction Integrity Unit, and Maryland. the Public Integrity Unit. The division also enforces the Ralph M. Brown From 2015 through 2018, the division Act (public meeting law), responds to assisted over 400 crime victims apply the public’s requests for information for U Visas, which allows temporary under the California Public Records residency for victims of designated Act, coordinates civil cases involving crimes who are cooperative in the the District Attorney’s Office, and investigation and prosecution of their handles special projects. The division cases. ensures that defense attorneys

Michael D. Schwartz Justice Services Special Assistant District Attorney WRITS, APPEALS, & TRAINING Writs, Appeals, and Training initiates, briefs, and argues appeals and writs of mandate/prohibition in state and federal appellate courts. The unit also responds to defense petitions for writs of habeas corpus and responds to defense misdemeanor appeals. These writs and appeals ensure the correctness of trial court decisions, correct erroneous decisions by the trial courts, and create legal precedent for other cases throughout the state. The unit provides ongoing training to our attorneys as a certified provider for Minimum Continuing Legal Education (MCLE), runs the training program for new prosecutors, and provides training for District Attorney investigators and other law enforcement agencies.

People v. Superior Court (Daryl Johnson)

Appellate Prosecutor: Michael Schwartz

The Ventura County District Attorney’s Office was one of the first in the state to ensure defendants’ rights to fair trial by developing a procedure for prosecutors to request judges to review and disclose to defendants incidents of peace officer misconduct contained in the officers’ personnel files. A Court of Appeal ruling arising from San Francisco County invalidated that process. As statewide leaders in this area, we filed an amicus curiae (friend of the court) brief in the California Supreme Court, which resulted in a ruling allowing our disclosure procedures to continue.

Deputy District Attorney Michelle Contois; Special Assistant District Attorney Michael D. Schwartz; Deputy District Attorney Tom Frye; Senior Deputy District Attorney Lisa Lyytikainen

42 Ventura County District Attorney 2015-2018 Term Report CONVICTION INTEGRITY UNIT PUBLIC INTEGRITY

The District Attorney’s obligation to seek justice does not end when the trial is UNIT over. This unit evaluates post-conviction claims of factual innocence, obtaining additional investigation where appropriate. In the vast majority of cases, the The Public Integrity Unit evaluates protections of our criminal justice system ensure that defendants are properly and prosecutes corruption and convicted. But when DNA evidence or other new evidence undermines other misconduct in office by public confidence in the conviction, the unit takes action to vacate the conviction, officials, government employees, and including releasing individuals from prison for crimes they may not have other persons in positions of public committed. trust such as officials of nonprofit organizations. Violations include embezzlement, conflicts of interest, misuse of public resources, public meeting law violations, and elections Craig Coley Michael Hanline violations.

Conviction Integrity Prosecutor: Conviction Integrity Prosecutors: People v. Tammy Jean Lisa Lyytikainen Michael Schwartz Investigator: Robert Coughlin Michael Lief Ferguson Investigators: Tom Mendez, Misappropriation of Public Funds; Craig Coley was convicted in 1980 of Scott Peterson the 1978 murders of Rhonda Wicht False Public Account; Taking Over $200,000 and her four-year-old son Donnie Michael Hanline was convicted in Wicht, and was sentenced to life in 1980 of the 1978 murder of J.T. prison without parole. In response Prosecutor: Thomas Frye McGarry and sentenced to life in Investigator: Michael Aguilar to Mr. Coley’s consistent denials of prison without parole. The California guilt and his application for a pardon, Innocence Project requested review The former Chief Financial Officer of a conviction integrity investigation by the District Attorney’s Conviction began in November 2016. Extensive Santa Paula Blanchard Community Integrity Unit and filed a habeas Library embezzled $499,254 from the investigation by the Simi Valley Police corpus petition seeking his release. Department and the District Attorney’s library district by using the district’s Investigation by the District Attorney’s credit card for personal purchases, Bureau of Investigation resulted in Office and DNA testing not possible at the discovery of biological samples transferring district funds to her trial found that the tape used to bind personal account, and withdrawing that had previously been thought to the victim’s hands did not contain have been destroyed. DNA testing cash using the district’s ATM card. the DNA of either Mr. Hanline or the She pled guilty, was sentenced to four not possible at the time of the original person thought to be his accomplice, trial was conducted and excluded Mr. years prison, and was ordered to pay but instead contained the DNA of restitution. Coley as the source on key pieces an unidentified male. Additional of evidence. Additional investigation investigation supported an argument uncovered weaknesses in trial that others may have committed the People v. Joanne Abruzzese testimony, and raised suspicions as to murder and cast doubt upon the other individuals. With the agreement correctness of the conviction. Without Grand Theft; Forgery of the District Attorney and the Simi conceding that Mr. Hanline was or was Valley Chief of Police, Governor not involved in the murder, the District Prosecutor: Thomas Frye Brown issued a pardon and released Attorney’s Office agreed that the case Investigator: Chris Borkovec Mr. Coley from custody. The District be dismissed and that Mr. Hanline be Attorney also agreed that the court released from prison. The Executive Director of the vacate the conviction and make a non-profit Simi Valley Community finding of factual innocence. The Foundation embezzled $44,977 by District Attorney also supported Mr. writing checks from the foundation’s Coley’s successful application for bank account to pay her home compensation by the state for his mortgage. She pled guilty and was period of incarceration. placed on 60 months’ probation and was ordered to serve 180 days in jail. She paid restitution in full to the victim before sentencing.

Ventura County District Attorney 2015-2018 Term Report 43 VICTIM & COMMUNITY SERVICES

The Victim and Community Services Crime Victims’ Assistance Program Division consists of the Ellie Liston supervisor, two victim advocate Crime Victims’ Assistance Program, supervisors and two Safe Harbor multidisciplinary interview centers, program coordinators, along with 21 Safe Harbor, Camp HOPE, and the victim advocates and six volunteers, Ventura County Family Justice Center. are all dedicated to helping victims These programs and other victim better understand their rights, access services efforts were consolidated into services that can minimize further this new division in 2016 to enhance trauma, and recover in the aftermath assistance to victims of crime by of crime. improving access to services and providing referrals that help victims In addition, the division is responsible stabilize, recover and feel empowered. for the development of the Ventura Many of the roughly 20,000 criminal County Family Justice Center, a multi- cases filed in Ventura County annually agency center specifically designed to Michael R. Jump leave in their wake victims and provide victims of domestic violence, Victim & Community Services Chief Deputy District Attorney witnesses who have never interacted sexual assault, child abuse, elder with the criminal justice system and dependent adult abuse, human before. Victims may suffer physical trafficking, and other crimes with or emotional trauma, financial harm, improved access to existing and and fear of retaliation; and often are innovative governmental and nonprofit confused as to the purpose of court services in one easily accessible proceedings and the rights the court location. must afford to them. The division’s

ELLIE LISTON CRIME VICTIMS’ ASSISTANCE UNIT

In the aftermath of crime, victim rights are honored, and assist them in advocates assist crime victims through obtaining services to help them cope what is often one of the worst times with the trauma they suffered. These of their lives via a trauma-informed services include crisis intervention, service model. Victim advocates work emergency assistance, advisement closely with victims to understand the of constitutional rights, updates on victims’ unique experience and the the progress of cases, assisting with impact the crime has had on them Victims of Crime Compensation and their families. Victim advocates applications, and many other services. provide victims with meaningful and appropriate resources and referrals. In addition, victim advocates run a domestic violence restraining order Between 2015 and 2018, the Unit clinic. The clinics are held in both Rachel Watkins provided assistance to approximately English and Spanish each week, and Crime Victims’ Assistance Unit Supervisor 18,000 victims of crime, providing include an educational component them with nearly 48,000 services. to provide victims with information Operating largely under grant funds including the cycle of abuse, the awarded through the California Office effects of domestic violence on of Emergency Services, advocates children, and the serious effects of guide victims through the criminal non-fatal strangulation. The clinics justice process, ensure that their incorporate community partners

44 Ventura County District Attorney 2015-2018 Term Report from Interface Children and Family overseen by a Program Supervisor. and community partners; the unique Services, the Coalition for Family The Unit is augmented by a volunteer needs of human trafficking victims; Harmony, Cal Lutheran University, program that trains volunteers to elder abuse; and other topics. and the Ventura County Department provide crisis intervention, assist of Child Support Services to provide victims through the process of The Unit responded to the Borderline victims with community-based mental obtaining domestic violence mass shooting on November 8, health services, emergency shelter restraining orders, and provide 2018. With all staff involved, victim placement, and child support services. court accompaniment during often advocates worked tirelessly to Through the Restraining Order Clinic emotionally charged restraining order/ coordinate death notifications to and walk-up window in Room 311, custody hearings. Volunteers provide families, and established overnight the advocates and volunteers assisted nearly 5,000 hours of services per Thousand Oaks Victims Assistance approximately 3,600 members of the year to crime victims. Center to co-locate multiple services general public in obtaining restraining for victims under one roof. The Unit orders against their abusers between Victim advocates provide outreach maintained the Center for nearly two 2015 and 2018. and education to community and law weeks working from 7 AM to often enforcement agencies, and presented 10 PM seven days a week amidst The Crime Victim’s Assistance Unit is at roughly 75 events between 2015 the backdrop of road closures and staffed by 20 victim advocates, two and 2018. Outreach includes training evacuations as the Woolsey fire raged, supervising victim advocates, and on non-fatal strangulation to medical serving 233 Borderline victims with a legal processing assistant, and is providers, law enforcement agencies grace, dignity, and dedication.

Camp HOPE

In 2015 the Ventura County District them to build self-confidence and are subject to chronic disease, and Attorney’s Office was offered the resiliency at their own pace. They also have a shortened life expectancy. opportunity to participate in Camp learn about historical figures who have Their chances of becoming the HOPE as part of the effort to open overcome great adversity and receive abused or the abuser are greatly a Family Justice Center in Ventura praise in the form of “Character increased. They often end up in the County. Camp HOPE is the first Trait Awards.” In a nightly campfire juvenile justice system and later in evidence-based camping and gathering they answer the question: prison. The Camp HOPE program mentoring program in the United “Where have you seen hope today?” is an effort to break the generational States for children exposed to cycle of domestic violence and help trauma. During that first summer, 10 There are many programs for adults these children find their own pathway children between the age of 7 and 12 who are affected by domestic to a brighter future. It is also a crime from various communities in Ventura violence, but few for children. Yet prevention strategy that benefits the County attended Camp HOPE at it is with children that we can make entire community. Lopez Lake near Arroyo Grande. the most profound impact by helping For five days and nights, the children them set a new course for their lives. In 2018, we expanded our program experienced overnight camping, a Research shows that children who to include a second week of camp variety of activities, and a therapeutic have been exposed to domestic for older children, aged 12 through curriculum specifically designed violence often have trouble learning, 17. We also establised an ongoing for children exposed to mentoring program with domestic violence. In 2016 activities for our campers and 2017, 12 children from and their counselors/ Ventura County attended mentors throughout the the camp, several of whom year. Camp HOPE is a have returned each year. program that gives kids During camp the children their childhood back. participate in activities such as zip lining, arts and crafts, kayaking, fishing, “Hope is all around us.” tubing and archery. They “Camp HOPE was the best choose their own level of week of my life.” participation based on a - A young camper “Challenge by Choice” philosophy. This allows

Ventura County District Attorney 2015-2018 Term Report 45 ROUTE 91 SHOOTING

The world was horrified by the mass Through on-going outreach efforts shooting during the Route 91 Harvest including news releases, county- festival in Las Vegas, Nevada, on wide emails, newspaper articles, October 1, 2017. A gunman shot and community events, collaboration with killed 58 and injured more than 500 local therapy centers, nonprofits, and concertgoers. As many as 55 percent community agencies, the number of of the concertgoers present originated survivors reached continues to grow. from southern California, including A total of seven advocates were 798 Ventura County residents. Of assigned to meet the needs of the the 58 people killed, five had ties to survivors. This work is being done on Ventura County. top of their full caseloads. Advocates have helped over 120 survivors in The District Attorney’s Crime Victims’ Ventura County. Assistance Unit began assisting survivors the morning after the The Crime Victims’ Assistance Unit tragedy, providing support and aid worked closely with staff from the in obtaining counseling, therapy, federal Office for Victims of Crime and emergency assistance, funeral and the California Victim Compensation burial expenses, property return, Board to host and facilitate and notification to friends and family. informational forums in Ventura County They worked in close collaboration for victims and family members of the with local, state, and federal officials tragedy. The forums provide a place to ensure the needs of the survivors where survivors and family members were being met. They served as share information regarding their liaisons with the Clark County, Nevada current and long-term needs as well Coroner’s Office to provide accurate as receive information on resources and timely information to the families to assist with recovery; coping with of deceased victims, and coordinated trauma, grief and depression; and with the FBI to register all victims and what to expect in the months and next of kin. years to come.

On October 15, 2017, in answer to a Recognizing that psychological request from the California Office of or physical injuries may manifest Emergency Services, a team of three themselves weeks, months or years victim advocates was sent to the Las after the tragedy, the Crime Victims’ Vegas Family Support Center that had Assistance Unit continues to work been established inside the Las Vegas with state, federal and community Convention Center. Victim Advocates agencies and is seeking additional Sandra Avila, Kelly Muklevicz, and resources to address the short-and Marie Villa worked shifts at the center long-term needs of survivors. from 8:00 a.m. to 10:00 p.m every day for a week, assisting the Nevada Attorney General’s Office and other local and federal agencies in providing “Fifty-eight lives were lost and hundreds of others were injured at the Route 91 services to the more than 22,000 Harvest Festival shooting. You came to Las Vegas and worked alongside my staff victims present at the Route 91 when we needed it most. . . at the Family Assistance Center to provide services event. Although the work was difficult, to all those in need. I am deeply grateful for your selfless efforts and partnership the advocates were inspired by the throughout the course of this important mission.” resilience and courage of the victims and were proud to be working alongside Nevada Attorney General Adam P. Laxalt advocates from across the country. to a Ventura County District Attorney advocate.

46 Ventura County District Attorney 2015-2018 Term Report BORDERLINE SHOOTING

Meek, Kristina Morisette, Mark Meza Victim advocates from the District Jr., Noel Sparks, Tel Orfanos, Sean Attorney’s Crime Victims’ Assistance Adler, Jake Dunham, Cody Coffman, Unit immediately were deployed to Alaina Housley, Blake Dingman, and assist the victims and their families. Daniel Manrique. Over 30 others With assistance from the FBI, other were injured and/or hospitalized, and state and local agencies, and mental more than 200 patrons who survived health professionals, and using the rampage were traumatized. office space provided by Ventura County Supervisor Linda Parks, Ventura County Sheriff’s Sergeant Ron the Thousand Oaks Assistance Helus and CHP Officer Todd Barrett Center was established to provide entered the bar and exchanged information, immediate counseling, gunfire with the suspect. Helus was assistance in obtaining financial fatally wounded. The gunman then compensation, property return, and turned the gun on himself and ended other services. County and District his own life. Attorney Information Technology staff immediately set up computer Ventura County Sheriff’s Sargant Attorneys and investigators from the systems in the center. Working long Ron Helus Ventura County District Attorney’s hours, District Attorney employees Office promptly arrived on the scene assisted 232 victims and their loved and, together with the Ventura ones in the first week alone. The On November 7, 2018, at 11:18 at County Sheriff and the FBI, began trauma from this event will have night, a shooting rampage began at the the work of investigating the tragedy. long-lasting effects for many in our Borderline Bar and Grill in Thousand District Attorney investigators community. We will continue to Oaks. Armed with a pistol and high interviewed some 60 witnesses. assist the survivors in the months capacity magazines, suspect Ian When the investigation is completed, and years ahead. David Long entered the bar and killed the District Attorney’s Office will issue 11 employees and patrons: Justin a full public report.

Conejo Recreation and Parks District General Manager Jim Friedl presents Chief Deputy District Attorney Michael Jump with a poster signed by CRPD staff thanking the District Attorney’s Office for services provided to Borderline victims and family members.

Ventura County District Attorney 2015-2018 Term Report 47 VENTURA COUNTY FAMILY JUSTICE CENTER

In October 2015, the District Attorney to the task of developing a viable domestic violence, and other crimes began the development of a Family strategic plan. In August 2017, a of physical abuse. VOICES members Justice Center (FJC) in Ventura County. highly successful Strategic Planning serve as a guiding voice in the FJCs are based on a successful Event was held over two days, development of the FJC to ensure national model of multi-agency, with over 130 representatives that services remain victim- and co-located services that provide from government and community survivor-focused. assistance to victims of domestic organizations in attendance. A violence, child abuse, sexual assault, strategic plan has been developed • An e-newsletter, The Wave, is now human trafficking, and elder abuse, and published. in publication and distributed to and their families. FJCs integrate over 400 FJC supporters providing government services, nonprofit • 40 Stakeholders from nonprofit, readers with updates on workgroup organizations, local law enforcement, law enforcement and other activities, FJC-related topics and civil legal assistance, and other victim governmental agencies have joined opportunities. advocacy resources at one location. and are chairing regular meetings of Integrating these services provides five workgroups. • A Return on Investment study has easier access for victims and assists been initiated in partnership with service providers in identifying children • A Ventura County Family Justice California Lutheran University based exposed to significant adverse Center Foundation has been on three years of domestic violence childhood experiences (ACEs) that established to serve as an crime reports submitted to the place them at elevated risk for a independent fundraising entity for District Attorney’s Office for review lifetime of risky behaviors, criminal the FJC effort. and filing consideration. justice interventions, mental and health conditions such as anxiety, obesity, • A Ventura County Camp HOPE • Grant funding has been received, heart disease, and a host of other program has been established and and we are pursuing additional preventable ailments. The program’s has successfully accompanied grants. director will be a District Attorney 48 child victims and witnesses employee. The goal of the FJC will of domestic violence (to include • A grant was obtained in partnership be to minimize the risk of immediate domestic violence homicide) to an with Ventura County Legal Aid to physical danger and death while at the evidence-based trauma-informed provide free civil legal assistance same time serving as a proactive crime camp specifically designed to to victims, including family law, prevention model focusing on breaking mitigate ACEs trauma. immigration assistance and other the generational cycle of violence in issues. at-risk homes. • A VOICES of Ventura County group has been formed consisting of It is anticipated that a fully functioning As of this writing, progress toward the survivors of crimes ranging from FJC will begin operations by the fall of opening of an FJC includes: attempted homicide to homicide of 2019. a family member, child molestation, • In 2016, FJC development efforts focused on building a base of support for the FJC concept via hundreds of one-on-one meetings with law enforcement, nonprofit service providers, and governmental agencies; and presentations before educatos, service clubs, religious and community groups.

• In February 2017, a Study Tour and Community Forum was held with over 90 attendees to discuss the FJC concept.

• With the will and intention of bringing an FJC to Ventura County established, efforts then turned

48 Ventura County District Attorney 2015-2018 Term Report Expressions of Gratitude to Our Victim Advocates. . .

“I feel you have been an angel to us in this dark time.” - A family member of a Borderline shooting victim.

“I cannot express enough how comforting the support and love has been in this very difficult time.” - The mother of a Borderline shooting victim.

“We are so blessed to have you by our side.” - A family member of a Borderline shooting victim.

“You all really are the gems we wish we never would have needed. Thank you.” - A family member of a Borderline shooting victim.

CRIME VICTIMS’ ASSISTANCE UNIT

Seated, L to R: Dina Zuhric, Rachael Watkins, Brenda Marquez. Standing, L to R: Sandra Avila, Elizabeth Elizondo, Jennifer Barbettini, Stephen Goodin, Patricia Caputo, Caitlin Kearns, Kelly Muklevicz, Patricia Wood, Celia Cardona, Felicita Roy, Andrea Stewart

Ventura County District Attorney 2015-2018 Term Report 51 BUREAU OF INVESTIGATION

The Bureau of Investigation is staffed with peace officer investigators who The Bureau of Investigation is divided prepare criminal and civil cases for into three divisions. The Major Crimes trial by locating and interviewing Division investigates crimes such suspects and witnesses, preparing as homicides, gang crimes, cold and serving search warrants, obtaining case homicides, sexual assault and and analyzing evidence, and assisting domestic violence, and supports the in the presentation of evidence to the service of subpoenas by a team of Grand Jury and court. The Bureau three investigators. The Major Fraud conducts original investigations in Division investigates major fraud, areas including public corruption, real estate fraud, consumer and various forms of fraud, and internal environmental crimes, child abduction, Michael Baray investigations. The Bureau is staffed auto insurance fraud, workers’ Chief Investigator with a chief investigator, a deputy chief compensation fraud, and computer investigator, three commanders, 48 crimes, and includes an auto theft district attorney investigators, a welfare task force and a human trafficking fraud investigator and 13 investigative task force. The Southern California assistants. High Tech Task Force is a multi- agency collaboration that examines All of the investigators serving within computers, cell phones, and other the Bureau are experienced sworn electronic evidence for a variety of peace officers who have been recruited crimes. The Administrative Division from law enforcement agencies conducts background investigations throughout California. These highly- on prospective employees; conducts trained investigators are available 24 original investigations involving public hours a day to respond to investigative corruption, public assistance fraud and requests and critical incidents such government fraud; investigates citizen as homicides and officer-involved complaints involving members of the shootings. The Bureau has a Special District Attorney’s Office; and conducts Response Team trained and prepared internal administrative investigations. to serve search warrants and respond Each of these divisions is supported to threats against District Attorney staff by investigative assistants and clerical Ken Valentini and other critical incidents throughout staff that assist in the investigation and Deputy Chief Investigator the county. preparation of case filings and trial.

Commander Tracey Towner Commander Juan Reynoso Commander Cloyce Conway

52 Ventura County District Attorney 2015-2018 Term Report Ralph Martinez Tom Mendez Joey de los Reyes Supervising Investigator Supervising Investigator Supervising Investigator

Frank Huber Adam Wittkins Senior District Attorney Investigator Supervising Investigator

Ventura County District Attorney 2015-2018 Term Report 53 Major Crimes Unit Major Fraud Unit

Seated, L to R: Investigator Sonia Sanchez, Senior Investigator Investigators Brandon Conger, Mike Scherbarth; Investigative Tom Mendez, Investigator Heather Tallent. Standing, L to R: Assistant Joanie Bazaldua; Investigator Cliff Williams Investigators Chris Brackpool, Dan Horan, Mike Young, Jess Velasquez, Paul Walsh, Jim Seitz Government Fraud Unit

Administrative Unit

Seated, L to R: Office Assistant Marianne Coblenz, Senior Investigator Joey de los Reyes, Office Assistant Mayela Seated, L to R: Investigative Assistant Diane Van Scoy, Ramirez. Standing, L to R: Investigator Randy Haumann; Commander Juan Reynoso, Senior Investigator Joey de los Investigative Assistant Michelle Serrano; Investigator Von Gilbert, Reyes. Standing, L to R: Investigative Assistant Nicole Gene Martinez Sansone-Hall, Investigator James Espinoza, Senior Investigator Ralph Martinez, Investigator J’amie Cain Sexual Assault Family Protection Unit/ Litigation Support Subpoena Unit

Digital Media Coordinators Seated, L to R: Investigator Kristina Bertilson, Senior Jacob Topolinski Investigator Tom Mendez, Investigator Brenda Lemos. Paula Miller (Not pictured) Standing, L to R: Investigators Jon Hixson, Paul Krueger, Chris Borkovec, Adam Delgado

54 Ventura County District Attorney 2015-2018 Term Report THE THOMAS FIRE - DECEMBER 2017

On December 4, 2017, a fire ignited As the Thomas Fire grew and The Thomas Fire burned for 40 near St. Thomas Aquinas College threatened life and property, days before it was fully contained on in the city of Santa Paula. Named the District Attorney’s Bureau of January 12, 2018. Over 800 District the “Thomas Fire,” it fast became Investigation responded to a mutual Attorney employee hours were the largest fire in California’s modern aid request from the Ventura Police allocated to fight this epic disaster. The history. The fire, fueled by strong Department (VPD) and the Ventura Ventura County Board of Supervisors Santa Ana winds, burned 281,900 County Sheriff’s Office. Investigators honored the District Attorney’s Office acres, consumed 1,063 structures and support staff were immediately for its contributions to the Thomas Fire and damaged another 280. Two lives called into action. A contingent of response and recovery. were lost during the fire. Mandatory investigators was deployed as first evacuation orders were in place for responders throughout the city to As often happens in the wake of parts of Ventura and Santa Barbara assist VPD by responding to calls for disasters, the Thomas fire raised Counties. service, assisting with traffic control consumer protection issues. The and helping fire personnel with various District Attorney’s Office sent out A number of employees suffered tasks. Jacob Topolinski, Rosario news releases warning about price significant damage to their homes Gonzalez, and Dean Phaneuf served gouging, insurance and contractor and property. Many staff members with the Sheriff’s Office of Emergency scams, and FEMA-related scams. were evacuated from their homes Services. They assisted with District Attorney investigators worked and displaced for several days. Many maintenance of the VC Emergency in conjunction with the Contractors other staff members continued to website, Spanish translation, and State License Board and the be on alert for possible evacuation. other crucial services. Over the next California Department of Insurance Stories of staff members extinguishing four days, investigators battled the to educate residents and conduct embers and brush fires near residential unpredictability of the fire and winds compliance sweeps in fire affected property lines were all too common. as they partnered with fire personnel areas. The District Attorney’s Office Despite the tragedy of the Thomas and other first responders to assist also established a Thomas Fire fraud Fire, solidarity was seen in the staff’s as needed. hotline. willingness to help those affected by the fire. These proactive measures, coupled with community involvement, resulted in a number of complaints regarding rental price gouging, retail price gouging, and false advertising. Compliance sweeps among recovery businesses operating in fire-damaged areas uncovered several instances of contracting without a license and workers’ compensation law violations.

District Attorney Investigator District Attorney Investigator Terry Dobrosky James Espinoza

Ventura County District Attorney 2015-2018 Term Report 55 RETIREES January 2015 - December 2018

Start Date Retire Date Start Date Retire Date Roberta Ann Parada 01/14/74 04/01/16 Bonnie Mesinoff 10/28/02 10/06/17 Clerical Supervisor Legal Processing Assistant Donna W. Thonis 03/10/80 06/18/16 Kenneth A. Valentini 02/03/03 03/30/18 Attorney Deputy Chief DA Investigator Ann Marie Phelps 09/07/80 05/19/18 Jacqueline L. Richardson 10/24/04 07/28/18 Staff/Services Manager Program Administrator Minerva Loya 02/23/81 03/26/15 Vilma Gamboa Fullante 10/02/15 11/30/15 Legal Processing Assistant Legal Processing Assistant Robin Hunt Estes 06/21/81 11/05/16 Christina Lee Alvarez 04/23/06 06/06/16 Administrative Assistant District Attorney Investigator Kim George Gibbons 09/09/84 12/30/17 Russell L Robinson 05/21/06 12/17/16 Senior Attorney District Attorney Investigator Sandra Marron Molina 09/29/86 06/03/17 Sean Michael Conroy 09/05/06 09/09/17 Investigative Assistant Senior District Atty Investigator Thomas Bruce Johnson 01/09/92 12/16/17 Linda Jean Kelley 12/03/06 10/10/15 Senior Attorney Accounting Officer Judith Christine Burschgens 04/26/92 05/01/18 Thomas Jerome Rigali 05/13/07 05/20/17 Staff/Services Manager District Attorney Investigator Eugene C. Kinsey Jr. 09/07/93 07/01/17 Michael Palmieri 06/10/07 08/26/17 Attorney District Attorney Investigator Agnes Ann Willis 11/21/94 8/25/17 Lori Liane Erickson 04/06/08 09/23/17 Clerical Supervisor Senior District Atty Investigator Diana Marie Mendoza 12/01/97 12/01/18 Patricia Ann Caputo 07/13/08 08/17/18 Management Assistant Victim Advocate Jacqueline Shelley Grant 05/03/99 10/08/18 Robert John MacInnes 01/10/10 04/01/17 District Attorney Investigator District Attorney Investigator Catherine Marie Duggan 12/04/00 05/30/15 Glenn A. Utter 06/20/10 10/21/17 Senior Program Administrator District Attorney Investigator Wayne Allen Simmons 09/09/02 06/05/15 Janice Lynn Maurizi 04/02/13 06/30/18 Senior District Atty Investigator Chief Assistant District Attorney

EMPLOYEE OF THE YEAR AWARDS 2015 2017 Karen Wold Prosecutor of the Year Kathy LaSalle Prosecutor of the Year Melissa Suttner Prosecutor of the Year Scott Hendrickson Prosecutor of the Year Kim Gibbons Prosecutor of the Year Brenda Lemos Investigator of the Year Kimberly Michael Investigator of the Year Conan Perdomo Employee of the Year Analia Silva Employee of the Year Jan Aston Employee of the Year Shaun Gildroy Employee of the Year Laura Garibay Employee of the Year Carlos Martinez Employee of the Year Robin Tribbitt Employee of the Year Mayela Ramirez Employee of the Year Steve Mattern Employee of the Year Special Response Team Team of the Year Route 91 Victim Advocates Team of the Year Misdemeanor Unit Unit of the Year Dan Horan Top Gun Award Glen Utter Top Gun Award

2016 2018 Erik Nasarenko Prosecutor of the Year John Barrick Prosecutor of the Year Ryan Sheahan Prosecutor of the Year Linda Groberg Prosecutor of the Year Lisa Lyytikainen Prosecutor of they Year James “Kimo” Hildreth Investigator of the Year Sonia Sanchez Investigator of the Year Carmen Marquez Employee of the Year Mary Grace Courselle Employee of the Year Crime Victims’ Assistance Unit Unit of the Year Jennifer Barbettini Employee of the Year Mike Young Top Gun Award Jacob Topolinski Employee of the Year Misdemeanor Support Unit Unit of the Year Ken Valentini Top Gun Award

56 Ventura County District Attorney 2015-2018 Term Report ELECTED TO THE BENCH

The Honorable Anthony J. Sabo

Elected to the bench June 2018 Education Ventura County District University of North Dakota Attorney’s Office School of Law – J.D. (2008-2014)

Indiana University – B.A. Ventura Superior Court Commissioner Public Law Practice (2014-2018) City Attorney, Rising sun, Indiana (2002-2006) Private Law Practice Sabo Law Office Deputy Prosecutor, Indiana (1995-2008) (1997-2008)

The Honorable Derek M. Malan

Elected to the bench June 2018

Education Ventura Superior Pepperdine University Court Commissioner School of Law – J.D. (2016 – 2018)

University of Washington – B.A.

Public Law Practice Ventura County District Attorney’s Office (2000-2016)

Ventura County District Attorney 2015-2018 Term Report 57 In Memoriam

Barbara Dixon Luis Vasquez David Smith

Barbara “Pansy” Dixon joined the Luis Vasquez joined our office in 1999 On June 26, 2018, our office lost a office in 1998 and served asa where he served as an office systems compassionate and talented voice Program Administrator in the Fiscal/ coordinator. He was an essential for victims with the passing of Senior Administrative Unit for many years. She resource in keeping our computers Victim Advocate David Smith. Dave served the office with professionalism, operational and served as a lifeline was funny, kind, a terrific advocate dedication and pride. Everyone that in solving computer problems for and a great friend to his colleagues. knew Barbara was touched by her our employees. His dedication to With his remarkable and consistent genuine smile and love of life. Barbara excellence was immediately apparent. compassion and skill, Dave helped cared deeply about her colleagues His smile, laughter, and optimistic thousands of victims in the course and co-workers, made lifelong outlook filed our office with positive of 22 years with our office who were friends in departments throughout energy. seeking restraining orders, dealing the County, and opened her home with the trauma of victimization to people who needed a place to Luis was dedicated to bettering the and struggling to understand the stay or a good meal. Barbara was community. He served as chapter complexities of the criminal justice an avid golfer and helped contribute president and in other officer positions system. As a senior victim advocate, to many Corporate Games medals. for the International Order of Foresters, school teacher and law school She was involved with numerous civic raising funds for cancer research and graduate, Dave was a mentor and a organizations including City Impact many other projects. He initiated and source of quiet strength for his fellow and helped organize fundraisers and directed an award-winning youth advocates and volunteers, guiding, golf tournaments for charity, as well honor guard team. He was a talented teaching and sometimes bracing up as the Benchwarmer Golf group she musician, a great cook, and above all his colleagues with a quick quip or served for many years. Throughout a dedicated husband and father. sage advice. Dave had a passion for her illness, Barbara maintained her helping elderly clients and was well strong faith in God. Her upbeat, Luis died following an illness on April known as an advocate who went positive, can-do attitude was evident 21, 2016. With his passing, we lost the extra mile to help elderly victims throughout her life. Barbara was able a beloved member of the District by arranging for transportation, to return to work for a short time in Attorney’s Office and the County lost accompaniment and other special 2016, before losing her battle with an extraordinary public servant. He needs. He is dearly missed by his LLC Leukemia and Non-Hodgkin’s is missed by all of us who were lucky coworkers in the Crime Victims’ Lymphoma on July 4, 2017. Barbara’s enough to have known him. Assistance Unit and by the many legacy lives on as so many have been friends and colleagues he made touched by her grace, compassion, throughout the office. generosity and kindness.

58 Ventura County District Attorney 2015-2018 Term Report Ventura County District Attorney 2015-2018 Term Report 59 Ventura County District Attorney Term Report 2015-2018