Violent Crimes

Published on: April 25, 2011

Glendale DUI Near Nightmare Averted by Sheer Chance – Slugger Miguel Cabrera Nearly Ran Two Truckers Off the Road

The crime of driving under the influence in Glendale – in and of itself – is enormous and consequential, even if you don’t cause damage to life or limb and you cooperate fully with authorities – and even if you were just barely over the limit.

But evidence mounting against Miguel Cabrera – an outfielder for the Detroit Tigers – suggests that the major leaguer, who was arrested back in February on DUI charges, may be in a lot more trouble than anyone previously knew.

As this blog and other media outlets reported, Cabrera got arrested on February 16th in a florid scene that probably would have been newsworthy even if he hadn’t been a major league baseball player. If you have been pulled over in a relatively pedestrian Burbank DUI, Glendale DUI, Los Angeles DUI, or Pasadena DUI matter, you may be shocked to learn how crazy Cabrera’s arrest was.

He apparently drank a whisky bottle in front of the officer who arrested him, asked the police to “kill me” and confessed to having threatened to blow up a steakhouse.

Turns out, all those things pale in comparison with what Cabrera might have done.

Last week, the Florida State’s Attorney’s Office released evidence that suggests that Cabrera nearly ran two different Wal-Mart trucks off the road in his Range Rover. The truckers were forced to “take evasive action… in order not to hit [Cabrera’s] sport utility vehicle head on.”

Cabrera allegedly caused one tractor trailer to dodge him and another to actually drive all the way onto the grass to avoid a collision.

More information about what actually happened will no doubt trickle in, once the June 10 hearing arrives. Had Cabrera collided head first with either of the trucks, chances are, this would be a story about Los Angeles DUI manslaughter.

When SUVs and truck collide on the highways head on at high speeds, even advanced safety measures like ABS and airbags can be rendered essentially useless. Glendale DUI vehicular manslaughter charges can lead to punishments such as lengthy jail sentences, fines and fees, alcohol school, strict probation, and essentially the end of a baseball career (or any career).

An experienced Los Angeles criminal defense attorney (one example: Michael Kraut of the Kraut Criminal & DUI Lawyers – located in Glendale at 121 W Lexington Dr, Glendale, CA 91203 Phone: (818) 507-9123) can help you make sense of the charges pending against you and act in a timely, appropriate and proactive way to manage the charges. Connect today with this Harvard Law School educated attorney to go over your case and start plotting the most appropriate legal response.

Published on: February 7, 2011

Pasadena DUI Experts Explore Vehicular Manslaughter Case in Santa Ana

by Michael Kraut

Last Friday, 53-year-old Jeffrey David Kirby of Costa Mesa was sentenced for felony vehicular manslaughter while driving under the influence in Southern California. In March 2009, Kirby lost control of his 2004 Ferrari and smashed into Charles David Lewis, a famous mixed martial arts entrepreneur and founder of the closing line TapouT.

Lewis had been driving so fast that his sports car ripped in half upon smashing into a light pole.

Although most arrests for DUI in Burbank, DUI in Pasadena, Glendale DUI and Los Angeles DUI are far less “drama filled” and headline grabbing, Kirby’s actions both before, during, and after the crash read like he showed persistently poor judgment.

First of all, consider the fact that Kirby had a DUI conviction back in 2002. After getting that conviction, Kirby was given a warning called the Watson Advisement — this is a formal way of reminding you that driving under the influence can be lethal. If, after receiving this advisement, you then go out and commit a DUI injury or kill someone while DUI, your penalties can be ratcheted up significantly. You could even face a Pasadena DUI murder charge in extreme cases.

Second, consider that Kirby fled the accident scene after he rammed into Lewis. Leaving the scene of an accident is a crime in and of itself – a so-called “hit and run” – and it could be charged and punished separately.

Finally, according to prosecutors, Kirby had a blood alcohol concentration (BAC) over twice the Southern California legal limit of 0.08% a full two hours after the accident. In certain cases, if you have an extremely high BAC level, prosecutors can ask for additional charges, such as bigger fines and longer time in jail.

In Kirby’s case, he escaped a DUI murder charge, but he did get convicted under the California Vehicle Manslaughter Law and got a nine-year prison sentence for the DUI death.

In a typical Pasadena DUI vehicular manslaughter, prosecutors will check out police reports and reports from other agencies to figure out how to charge the defendant.

A qualified Los Angeles criminal defense attorney who has experience in homicide cases can probe the accident by interviewing experts, reconstructing the scene of the accident, reviewing toxicology reports and poring over relevant documents or witness statements to help you build a creditable and powerful defense.

Connect with Pasadena DUI defense attorney Michael Kraut for an immediate and free consultation. The Pasadena branch of the Kraut Criminal & DUI Lawyers is located at 790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899. Not only does Attorney Kraut have a spectacular record at jury trials and a wealth of experience as a former prosecutor (14+ years working for the city prosecuting DUI cases) which he leverages to help his defense clients, but he also understands applicable law both in theory and practice. He has delivered best results for clients even in complicated and highly technical cases.
he defendant.

A qualified Los Angeles criminal defense attorney who has experience in homicide cases can probe the accident by interviewing experts, reconstructing the scene of the accident, reviewing toxicology reports and poring over relevant documents or witness statements to help you build a creditable and powerful defense.

Connect with Pasadena DUI defense attorney Michael Kraut for an immediate and free consultation. The Pasadena branch of the Kraut Criminal & DUI Lawyers is located at 790 East Colorado Boulevard, 9th floor, Pasadena, California 91101 Phone: (626) 345-1899. Not only does Attorney Kraut have a spectacular record at jury trials and a wealth of experience as a former prosecutor (14+ years working for the city prosecuting DUI cases) which he leverages to help his defense clients, but he also understands applicable law both in theory and practice. He has delivered best results for clients even in complicated and highly technical cases.

Published on: September 19, 2010

Los Angeles Man Could be Charged with Southern California DUI Murder

by Michael Kraut

Last Tuesday, an emotionally charged Southern California DUI trial got underway in Fullerton. The defendant, Angel Herrera Leal, stands accused of perpetrating a horrific fatal DUI accident on an Anaheim freeway.

According to news and police reports, in the early morning hours of December 27, 2008, Leal – who had been twice convicted for driving under the influence in Southern California (2005 + 2007) – drive several miles in the wrong way on the southbound lane of an Anaheim freeway. He eventually collided head on with a car driving the correct direction. The collision resulted in the death of one of the passengers in the southbound car – Rebecca Moon – as well as injuries to the driver, Jisun Park. (Park allegedly had also been driving under the influence that evening, and she was cited accordingly).

Prosecutors apparently will seek a Southern California DUI murder charge against Leal. The Deputy DA, Howard Gundy, claims that Leal had a BAC of 0.29%. (By comparison, the Southern California DUI legal limit is 0.08%). According to news reports, Leal had spent time in alcohol education classes — he was aware that driving while intoxicated could lead to someone’s death or serious injury. He was also operating on a suspended license.

Prosecutors seeking serious charges — such as Glendale DUI murder — must meet a serious burden of proof. Typically, if a driver kills someone while DUI, he or she can be charged with vehicular manslaughter or maybe vehicular manslaughter with gross negligence, depending on circumstances. The charge of DUI murder is even more serious than the vehicular manslaughter counts. In this case, the defendant had two priors and had completed an alcohol education course, so he should have deeply understood how dangerous driving DUI could be.

Designing a potent defense to charges of driving under the influence in Pasadena or Glendale (or wherever) can be tricky, even if the charges are far less serious and the police employed less than stellar technique. A smart, credentialed and experienced lawyer can make all the difference.

Published on: May 11, 2010

Horrific Case Out of Seattle Illustrates Why Los Angeles DUI Defendants Often Have Such a Hard Road

by Michael Kraut

If you have been arrested for driving under the influence in Los Angeles, your world can turn upside down in just hours. Whether you were incorrectly assessed as DUI (the police made a mistake on your blood work or breathalyzer reading), or you were barely over California’s legal limit of 0.08% BAC, you could face stiff fines, jail time, and other penalties. Obviously, DUI is a serious offense. But a breaking story out of Seattle illustrates why Los Angeles DUI defendants — more, it seems, than other criminal defendants — face such a tough road to rehabiliate their images.

Warning: The following story is disturbing.

Last week, police arrested a 34-year-old man, Shawn Shipp, for vehicular homicide while DUI. Shipp backed into 91-year old Marie Fite, slamming her to the ground. Instead of stopping, he continued to back up, apparently unaware that he had hit a human being. By the time he figured it out, Fite had been severely injured. Shipp fled the scene, but police chased him down and arrested him. Fite died at the hospital. Shipp tested to have a blood alcohol concentration of 0.16% – twice both the Washington and Southern California DUI limit of 0.08%. On top of that, Shipp has a long rap sheet which includes drug possession, motor vehicle theft, assault, driving with a suspended license, and first degree child rape. According to reports, Shipp’s bail has been set at $500,000.

Now, obviously, without knowing more details about the allegations or about specifically what happened, one has to withhold judgment. After all, in the U.S. court system, a defendant is innocent until proven guilty. Nevertheless, the salacious details of the report – including the fact that Shipp is a convicted child rapist – obviously touch an emotional chord in us.

Unfortunately, if you have been tagged with a charge of driving under the influence in Long Beach, many people instinctively will conclude that you must be somehow similar to this Shipp character. And while it is true that driving DUI in Long Beach or elsewhere can be incredibly dangerous and can lead to tragic instances of vehicular homicide, the harsh stereotyping of DUI defendants may not be fair or accurate.

That said, it’s always important to review what punishments can be in store for individuals convicted of serious Los Angeles DUI crimes. Cases in which a DUI victim dies can be charged under the California Vehicular Manslaughter Law. Penal Code section 191.5(a) covers gross vehicular manslaughter while intoxicated. This is a more serious charge than typical vehicular manslaughter charge. Prosecutors must prove four points:

1. Driver was DUI and/or had a blood alcohol concentration of 0.08% or greater.
2. The person committed a driving infraction or misdemeanor while driving – or performed an otherwise lawful act – that could potentially lead to someone’s death.
3. That lawful act, or infraction or misdemeanor, was committed with “gross negligence.”
4. The negligent conduct resulted in someone getting killed.

If the prosecution cannot prove all four points, they will have a hard time getting a conviction for gross vehicular manslaughter while intoxicated. However, prosecutors can choose from an array of charges and request penalties to punish guilty offenders.

Published on: February 2, 2010

Burbank DUI Drivers and Other Hazards: How to Handle Southern California’s Wild Freeways

by Michael Kraut

From Burbank DUI drivers to debris in lanes to ferocious traffic snarls, Southern California’s freeways present a gallery of challenges to drivers. Here’s a quick guide to the obstacles we frequently encounter thanks to our tangled freeway system.

Rush-hour gridlock from 6 AM through 9 PM… and often on weekends.

The massive, never-abating congestion on freeways like the 10, the 405, and the 101 (but not the 90!) causes much consternation to newbie drivers. Whether you join the queue at six in the morning on the way to work; or you encounter a surprise snarl at 9 PM on a Sunday, be forewarned that stop-and-go traffic can be quite treacherous. Obviously, it’s hard to get into a serious injury accident going 5 mph. But when traffic thaws – after an obstacle is removed from the road, for instance – conditions can become quickly fluid, and accidents can easily occur. Just like a melting glacier presents challenges to hikers walking on top of it, so can a flowing traffic jam be extra dangerous to cars caught in the middle of it. So when the traffic breaks up, be on extra alert.

Freeways at night can turn into grand prix racing grounds.

The 405 is not always packed with cars, contrary to the impressions of daily commuters. At night, Southern California’s capacious freeways empty out. This attracts a different kind of hazard — the speedster. As reported on our Southern California DUI blog, a local television actor (Adrian Pasdar) was arrested just last week for driving 94 mph on the 405 near Santa Monica Blvd. DUI drivers, careless drivers, bad lighting, and highway maintenance projects can turn freeways into veritable obstacle courses.

Distractible drivers.

Southern Californians have an ongoing (and unfortunate… for many reasons) love affair with the cell phone/personal digital assistant. Driving while texting or talking on a cell phone can be hugely problematic — perhaps even more dangerous than driving under the influence in Southern California. A recent study found that California’s anti-cellphone-while-driving law has not resolved the problem — perhaps because the law required only that drivers speak on headsets instead of requiring that they refrain from talking on the phone altogether while driving.

In any event, by paying extra attention to the road — and not yapping on the cell phone, getting distracted by billboards or local celebrity sightings, or sightings of paparazzi spotting local celebrities — you can hopefully mitigate some of the risks posed by other distracted drivers.

Understand the penalties for driving under the influence in Burbank and elsewhere in Southern California.

Many people think that getting a first-time DUI is akin to getting a speeding ticket. But a DUI is no mere infraction. According to the law, even a first-time DUI offender can be charged with a misdemeanor — or even a felony, depending on the circumstances. If you’re convicted of even a misdemeanor Burbank DUI, the court can impose a crushing array of penalties including but not limited to:

* minimum of 48 hours in jail (two full days)
* court costs and fines of potentially thousands of dollars
* mandatory alcohol school in probation
* suspension of license for a full year
* pursuant to a law that went into effect on January 1, first time DUI offenders must install an interlock ignition device (IID) in their vehicles. This means that you must blow into a Breathalyzer-like device every time you want to start your car.

Obviously, the punishments for driving DUI in Burbank are unpleasant, to say the least. But what can you do if you or a loved one has been arrested and charged?

There are many wrong paths to take. If you lack knowledge of how the court system processes Southern California DUIs, you could easily take one of these inferior paths and compromise your future. Fortunately, good help is available.

Published on: September 16, 2009

Dr. Conrad Murray Will Likely Be Charged in the Michael Jackson Case Which is to be Presented to the Los Angeles District Attorney’s Office

by Michael Kraut

Police investigators in the Michael Jackson case are almost ready to present their case to the Los Angeles County District Attorney’s Office for a formal felony criminal filing. Sources within law enforcement are focusing their sights on Dr. Conrad Murray. As of the date of this blog post, Dr. Murray is reportedly the only target of the investigation.

Dr. Conrad Murray has been implicated in the death of the pop star by infusing Michael Jackson with Propofol, a very potent anesthetic drug, to help him sleep.

This blogger’s sources indicate that the the Los Angeles Police Department had been consulting with the Deputy District Attorney’s from the Target Crimes Division since shortly after the pop star’s death. Only recently did the case get transferred to the Major Crimes Division for felony filing consideration. This is the group that prosecuted OJ Simpson and other famous people.

The LADA is not the only government agency investigating the death of Michael Jackson. California State Attorney General Jerry Brown has announced that he will be reviewing the prescriptions written to the pop star to see if there were any violations of law. It is illegal to write a prescription for a person in a name other then the patient’s true name. Many of the pill bottles seized from the Jackson compound on June 25, 2009, the date that Jackson died, had fake names.

Published on: August 24, 2009

Los Angeles Death of Michael Jackson Ruled a Homicide

by Michael Kraut

The Los Angeles County Coroner released the autopsy results in the Michael Jackson case. They ruled that the pop star’s death was a result of a “homicide”. From the very beginning, leading Los Angeles criminal defense attorneys were indicating that the death must first be determined to be a homicide before any criminal case could proceed.

As stated in the autopsy report, the death was the result of “lethal levels” of the powerful anesthetic Propofol. This information was released in a search warrant affidavit that was unsealed today in Houston, Texas. For weeks, there had been speculation that the Coroner already had the results but was asked to delay the release until the criminal investigation could unfold.

From the beginning, Dr.Conrad Murray has been the focus of the violent crimes investigation. As recently as last week he placed a video of himself on Youtube with an explanation of some of his actions.

Dr. Murray had been Jackson’s personal physician for most of the last year. It has been leaked from the investigation that Murry told Los Angeles Police Department detectives the had been treating Jackson for insomnia for approximately 6 weeks before his death. He admitted that he had given Jackson 50 Milligrams of Propofol, also known as Diprovan, by intravenous drip.

Police reports indicate that Dr. Murray had administered several drugs, other then propofol, throughout the night. These drugs, according to Dr. Murray, did not have their intended result and finally at 10:40 AM he administered 25 milligrams of Propofol to Jackson. Dr. Murray claims that he monitored Jackson while he was on the drug and left his bedside for 2 minutes to go to the bathroom.

Police reports indicate a far different set of facts. According to police documents, Dr, Murray left Michael Jackson alone for significant periods of time while he called his office in Houston. It was during this time that Jackson stopped breathing and Dr. Murray began CPR to attempt to resuscitate Jackson. Jackson was rushed to the hospital where he was later pronounced dead. Within Dr. Murray’s medical bag officials found Propfol, as well as other drugs.

In order for the Los Angeles County District Attorney’s Office to file involuntary manslaughter charges, they will need to show that the standard of care by Dr. Murray fell well below the acceptable and appropriate actions for a reasonable person in his situation. One of the factors that the prosecution may be considering is the warning label of the drug. Manufacturers of Propofol indicate that the drug should be used only by licensed anesthetists and in a hospital setting so as to be able to intubate the patient if necessary. Here that was not done.

It is expected that charges will be perused in this case against Dr. Murray as well as some of the other treating physicians.

Published on: August 23, 2009

Southern California Reality Star Murderer Kills Himself In A Real Way

by Michael Kraut

Ryan Jenkins, the reality star whose slight brush with fame on television, killed himself after Southern California prosecutors filed murder charges for the death of his ex-wife. Just over one week ago the body of Jasmine Fiore had been found in a dumpster in Buena Park, California. The body had been mutilated with her hands and teeth removed. Then the rest of the body was stuffed into a suitcase and placed in a dumpster A well known top-notch Southern California criminal defense attorney indicated that by removing certain body parts, murder suspects are often able to slow down the identification of a victim. The slower the identification, the more time for escape.

This time there was a slight twist in the identification. While Fiore’s limbs and teeth were removed, investigators were able to identify the decedent by the serial numbers on her breast implants. The quick identification resulted in the police naming Jenkins as a suspect before he could even leave his Southern California crime scene.

According to police experts, Jenkins was seen in an SUV heading north towards Canada pulling a boat. A few days later the boat was known to have left the United States and had docked in British Columbia.

Jenkins’ body was found in the motel room where he had been hiding. He killed himself by hanging. This, after Orange County officials had filed murder charges against him for the violent crime of murder in the death of Fiore.

Jenkins, who had wished for stardom and fame found that he had become a celebrity outlaw, rather then the reality star that he wanted to be on VH1’s “Megan Wants A Millionaire.”

Published on: August 21, 2009

Los Angeles Reality Star is Sought by Police for Murder in Buena Park

by Michael Kraut

Three days after a former model’s body was found stuffed in a small carry-on suitcase, the facts are beginning to appear more clear. Jasmine Fiore, 28, an aspiring real estate agent and former model was found dead as a result of murder……the person of interest, her former husband. The purported suspect, Ryan Jenkins, was a two time reality star who always wanted attention and the limelight. Now, he has suddenly disappeared and is in need of a Los Angeles criminal defense lawyer. All of the facts are not yet known. What is clear is that the Jenkins and Fiore had a brief, but stormy relationship.

Fiore and Jenkins were last seen at a poker game in San Diego. On Saturday, Jenkins reported missing to the Los Angeles County Sheriff’s Department. Shortly thereafter he disappeared completely off the face of the earth. Based upon circumstantial evidence, Jenkins should seek the advice of a pre-filing Los Angeles criminal defense attorney.

They met in March of this year in Las Vegas, spent two days together and then got a Vegas “quickie” marriage. Things apparently did not last too long. After arguing constantly, Fiore filed for an annulment from the marriage. That stormy marriage resulted in a criminal filing of domestic violence against Jenkins. Jenkins was charged with misdemeanor battery. He was scheduled to go on trial this December for the violent crimes he committed against her.

Jenkins also had a criminal charge in his home country of Canada. In January 2007, he was given probation for an assault charge.

The victim’s mother indicated that Fiore and Jenkins had been fighting recently over her past boyfriends. Apparently, he was jealous of the fact that Fiore had always remained good friends with people that she had previously dated.

Jenkins was just beginning his new career of attempting to become a reality star. He had just appeared on three episodes of “Megan Wants a Millionaire.” He was identified as a wealthy investment banker bachelor on the series. However, now he has disappeared
Preliminary results show that Fiore was murdered by strangulation. The final autopsy report is pending and until it is released, the cause of death is officially undetermined.

Published on: July 10, 2009

Former NFL Steve McNair Murdered by Girlfriend WHo Then Killed Herself

by Michael Kraut

Former Tennessee quarterback, Steve McNair, who was found this past Saturday shot and killed in his girlfriend’s apartment was determined to be murdered. Also found dead was Sahel Kazemi with one gunshot wound to the head.

From the very beginning, investigators were very quiet about what happened while they were waiting for results from tests completed immediately after the bodies were discovered. This morning, those same investigators announced their conclusion that McNair’s girlfriend murdered the football player and then turned the gun on herself. Top criminal defense attorneys assisted in the investigation
At a news conference, Police Chief Ronal Serpas made the announcement that Kazemi, 20, was extremely depressed over mounting personal problems. Apparently, financial problems and a recent DUI arrest contributed to the stress. But, the final straw was learning that McNair was married.

Police stated that they believe that Kazemi approached McNair while he was asleep on the couch at a rented condominium at 1:45 AM on Saturday. She raised the gun and shot him once in the left temple, then pointed the gun to his chest and shot him two more times. The final shot was to his left temple. Then she shot herself in the head after positioning herself that she would die in his lap.

The evidence pointed to McNair being asleep because it appeared he did not raise his hands to defend himself. Recent advances in forensic testing allows law enforcement to tests for Gun Shot Residue (GRS). The residue is the burnt gun power that is discharged when the gun is fired.