Brutality Or Self-Defense? Off-Duty Police Officer Recorded Confronting Teens In His Backyard

Numerous cases of police brutality have managed to demonstrate that the law enforcement officers are not always right and, at times, are completely unable to handle the matters peacefully, so things are getting ugly. Well, not long ago, the Los Angeles Police Department released the name of the off-duty law enforcement officer, who was actually recorded in Anaheim discharging his weapon during a conformation with a group of teenagers.

An off-duty police officer Kevin Ferguson was videotaped during his confrontation with a 13 year old boy, who is not identified. It took place in the area of Euclid Street and Palais Road on the afternoon of Feb. 21 according to the official police statement. The video actually went viral on the net and therefore the case garnered attention all over the country. Anaheim Police Department Chief Raul Quezada stated that it was an “ongoing dispute” and it involved several minors who were walking across the officer’s lawn. Subsequently, the dispute escalated into what we have the possibility to see on the video. The officer also alleged that the boy threatened to shoot him during the initial confrontation – this is according to Chief Raul Quezada

The teen then tried to walk away, but the officer wanted to attempt and detain him until the police will arrive on the scene. While he was trying to detain him, other minors got into the confrontation, so it all escalated into a physical altercation – again, according to the chief of police. Afterwards, two of the minors allegedly assaulted Ferguson and even knocked him down on the ground. The entire group then circled around the officer, so he took out his weapon and made a single shot in the ground – the chief says.

Two of the teenage boys were arrested and this including the 13 year old, who actually state that it all started when the officer started yelling at a girl. This boy also claims that he was not telling the officer that he will shoot him, but actually that he will “sue him”. And one of the neighbors also says that she heard “sue” and not “shoot”. During the ongoing investigation, Ferguson is placed under an administration leave. Both teens were released from custody. Even though no charges were yet filed in the case, police chief that there is a possibility for everyone involved to be charged.

One way or the other, the case is one that is surely open for several interpretations. Was the officer intentionally and knowingly drawing his weapon on teenagers after a dispute that he himself initially started? This would not come as such a big surprise, seeing how more and more cases like this are taking place all over the nation. However, it would also be unfair to presume that the officer is to blame to begin with. Teenagers can be quite violent and do not know when to stop, so maybe the officer’s actions were entirely justified?

Of course, there is also the matter of a weapon discharged. Even if it was discharged into the ground, was it that necessary to begin with? Now, a lot of people do not believe that cases like this are being investigated properly, since the police usually goes mild on one of their own, especially if no one was hurt in the process.

Hence, it is important to keep an eye on the case in the future so as to make sure that everyone will get what they deserve as well as within the very least amount of time possible. Hopefully, whether it was the officer who is to blame or the teenagers, the police will do their job right and will provide us with more facts and compelling arguments that will allow to make an informed decision in line with all of the gathered info.

The Los Angeles Criminal Defense Specialists

State Declares That The Suspect In Killing a Whittier Police Officer Was Not Released Early From Prison

In contradiction to the earliest statements from the sheriff’s officials as well as the police, the state corrections department declared on Tuesday that the 26 year old felon that is suspected in fatally gunning down a Whittier police officer was not released from state prison early.

According to the statement that was made by California Department of Corrections and Rehabilitation, the prisoner served full sentences and his full prison terms as is required by law. The statement also mentions that Mejia was released from prison on April 19, 2016.

Jail records and court documents also demonstrate that he was being taken into custody several times now for the violation of the terms of his release. Mejia was suspected in fatally gunning down a Whittier Police Officer – Keith Boyer. Boyer along with another law enforcement officer were responding to a car accident in which Mejia was involved. It is said that Mejia allegedly pulled out a weapon and started shooting the officers. This prompted and exchange of fire and all three men were hospitalized with injuries.

The injured officer as well as Mejia himself have managed to survive. However, Boyer’s remains were taken to Rose Hills Memorial Park during the police procession. In addition, it is also said that a couple of hours before shooting at the officers, Mejia killed a man with a gunshot and that person was identified by family members as his very own cousin – the 47 year old Roy Roger Torres.

The investigation is being led by the Los Angeles County Sheriff’s Department homicide lieutenant, John Corina and he repeatedly state that the suspect was released earlier than required. Furthermore, it turns out that according to Corina, the suspect was released early on parole and was out of custody for almost a week now. Together with Sheriff Jim McDonnell, Whittier Police Department Chief Jeff A. Piper outlined the recent ballot-box propositions and state laws that they declared were only increasing the crime rates.

Piper declares that “enough is enough”. “You’re passing these propositions, you’re creating these laws that is raising crime, and it’s not good for our communities and it’s not good for officers. What you have today is an example of that.” McDonnell was of course referring to a country wide movement to “reduce incarceration,” which began with the 2011 prison realignment program. The program was designed to handle the overcrowding of prisons in Assembly Bill 109, and to Propositions 47 and 57.

“In this case, we don’t have enough information on this individual at this point to be able to say exactly which one of these initiatives allowed him to be out back in the population,” McDonnell stated. Nevertheless, the state corrections department states that no Criminal Justice Reforms have influence the release of Mejia. The AB 109 was the only factor that had some impact on the release of Mejia – at least, this is what the state’s statement says. In line with the AB 109, Mejia was released to the Post-Release Community Supervision. This basically implies that the Los Angeles County Probation Department will be responsible for monitoring him and not the state.

The CDCR statement was also mirrored by the Sheriff’s Department new release that was out on Tuesday afternoon. The statement was no longer referring to Mejia as a state parolee. In fact, Mejia was released for the Pelican Bay State Prison in Crescent City and consequently reported to the county a day later, on April 20, 2016. The Sheriff’s Department also stated that Mejia is still hospitalized with a gunshot injury and was booked on Monday “for a flash incarceration (probation hold).”

One way or the other, Mejia was convicted back in 2010 for a second-degree robbery with a street-gang sentencing enhancement. He then received a total sentence of four years in state prison - the CDCR stated. The judge provided Mejia with credit for 302 days served. On January 26, 2014 he was paroled, but later on, almost six months later, he returned to the prison for grand theft auto as well as vehicle theft.

The Los Angeles Criminal Defense Specialists

Hysteria Around New Immigration Policies Continues

There are too many people these days trying to blame just about everything on Donald Trump as well as his innovative immigration policies. The mass hysteria managed to transform routine home raids into something “unprecedented” and “unbelievable”. Nevertheless, the Immigration and Customs Enforcement are confirming that these raids are nothing more than routine checkups and are conducted on a regular basis.

Even though the ICE official representatives have not managed to provide more info on exactly how many people were arrested on Thursday and whether or not they were officially taken into custody, the agency is nevertheless saying that all of those people were arrested in line with a targeted approach. Hence, only the people who were posing a threat to the community were targeted during the raid. 

The ICE also states that known child sex offenders, gang members as well as foreign nationals along with the substantial drug trafficking history were the main targets. Hence, it is unclear how the so-called “activists” still want these clearly dangerous individual to remain on US soil. 

Nevertheless, the “activists”, such as Jorge-Mario Cabrera - communication director for the Coalition for Humane Immigrant Rights of L.A., are still spreading the mass hysteria and are claiming that the deported people were not criminals and that most of those people were individuals with only deportation orders.

The immigration raids were conducted at numerous houses in San Bernardino, Van Nuys, Downey, Oxnard and Santa Paula. The Coalition for Humane Immigrant Rights of L.A lawyers are claiming that more than a hundred people are already awaiting to be processed in downtown Los Angeles.

In their attempt to enhance the hysteria around the policies of the new president, the immigration supporters and advocates gathered a meeting nearby the Metropolitan Detention Center in downtown L.A. They were protesting against the lawful actions conducted by the ICE. Furthermore, Aliso Street to through traffic near the Alvarado Street intersection was closed by them for nearly two hours and all of them were chanting like cult members: “Immigrants are welcome here”, without even thinking about the consequences of their actions.

CHIRLA Director of Policy Joseph Villa who also attended the meeting, claims that his organization has hundreds of calls from lawyers, who are saying that their clients were picked up during the raids. The CHIRLA Director of Policy is also claiming that the ICE does not release the names of those arrested and does not allow them to see their lawyers.

Furthermore, California Senate President Pro Tem Kevin de León also released a statement on Thursday in which he asked federal representatives to provide the numbers – how many women, men and children were detained during the raids. He also insisted on getting information on what the processing time will be and what are the main reasons for detention. There was also the question of offering them lawyers services.

The mass hysteria continues and there are plenty of people who are more than happy to build a reputation on it. Ameena Quazi from National Lawyers Guild L.A. claims that almost certainly there were many more people who were arrested and the activists are unable to contact them.

The lawyer claims that there is info on the wider geography of the raids and she is also claiming that people were pulled from their homes.

The lawful and rightful policies also affected the U.S. Representative Tony Cárdenas (his jurisdiction is covering parts of the San Fernando Valley including Van Nuys) also claims that the ICE is conducting “outrageous” activities, demanding to get more information on the matter. 

There are about a million of immigrants residing without all the legal papers in Los Angeles as well as Orange counties. This is according to the report that was issued Thursday by the Pew Research Center.

It is quite strange to see all those “activists” so concerned about the criminals – illegal immigrants, who are not only living in US without the documents – most of them are posing a real threat to common people around us. There are plenty of criminals, who are known for drug trafficking, child molesting – and the “activists” apparently do not think that there is something seriously wrong with the fact that these men and women are still walking on the streets around them. 

The Los Angeles Criminal Defense Specialists

14401 Sylvan Street, Suite 112

Van Nuys, CA 91401

The Definition Of Entrapment And How To Handle It

Despite the common belief that the justice system is designed to catch and punish only bad guys, the reality is a bit darker. After all, nothing in this world is perfect and the justice system is no different. In some cases, people are getting arrested and even being charged with crimes under certain pressure. At times, the law enforcement authorities are far too eager to arrest the offenders and are not stopping until they get results they are looking for. In certain cases, even though the guilt of a person is yet to be proven, the law enforcement authorities can use intimidation techniques in order to squeeze a crime out of a person. Such a thing, when the law enforcement authorities are pretty much making you confess to a crime, is called entrapment and is an offense on its own. Here are a few examples of how it works in order for you to better understand when the actions of the police can be deemed as entrapment:

• You are simply walking around, minding your own business. Suddenly, an undercover law enforcement officer approaches you. Needless to say, you do not know that he is an officer. The man asks if you could sell him some drugs and claims that he will give you a fair price. Of course, you tell him that you are not selling drugs and that he should leave you alone, so the man walks away. In this case, the actions of the police officers cannot be deemed as entrapment, since he simply asked you a question and when you answered it, decided to go away. 

• Once again, you are approached by an undercover police officer. You have no idea that this is a undercover law enforcement officer. He is asking you to sell him some drugs. You tell him that you are not selling any illegal substances. Instead of simply walking away, the man starts to cry and literally begs you for a dose, telling you that he can no longer live without it. Hence, the officer is using pressure and this can be used against him in court.

• Furthermore, the law enforcement officers may be using harassment in order to get results. This means that if you are going to refuse to sell the guy drugs, he will begin to follow you just about everywhere you go. He will call you every single day and will even follow you to work. He will be blackmailing you until you will give him what he wants.

•  Persuasion is yet another tool of the police. The undercover officer may tell you that he will simply take the drugs from your bag and leave the money there. This is also something that could be used in court as a means of defending yourself. 

One way or the other, entrapment could be turned into a viable defense strategy if you have a qualified as well as experienced federal criminal lawyer by your side.

The Los Angeles Criminal Defense Specialists

DNA Test And Exoneration

There’s no doubt that ever since the law enforcement authorities have started to use DNA testing, the procedure has helped a lot of innocent people and delivered justice to the real criminals. The first DNA testing was performed back in 1986. Since then, nearly three hundred innocent individuals have been exonerated. It is also worth mentioning that nearly 20 of those individuals were sentenced to death row before the testing took place.

Deoxyribonucleic Acid is actually the most important building block of life, and is a part of every single cell in every single living thing. Francis Crick and James Watson were credited for decoding the DNA and received their Nobel Prize in psychology/medicine back in 1962. DNA is also referred to as the Double Helix. Furthermore, scientists consider decoding the DNA to be the most essential biological achievement of the last century. DNA is what makes embryonic cells turn into actual living organisms.

DNA is essentially a cellular fingerprint of sorts. Its most important property is its uniqueness. Even though animal and human DNA are quite similar, it is still one of a kind for every individual. The only exceptions are identical twins as well as recipients of bone marrow transplant. The DNA of every individual remains unaltered throughout their entire life and represents the most trustworthy identifier that can be located in every single cell.

DNA testing could be performed using any type of biological specimen, including blood, saliva, hair, semen and even skin. Hence, if this biological evidence is obtained and stored effectively and then analyzed properly, it may well turn into evidence that will exonerate innocent individuals. In this way, DNA testing is a whole lot more precise than usual fingerprinting.

When it comes to the US criminal justice system, the jury is asked to render a guilty verdict only in case there is no reasonable doubt in the matter whatsoever. However, at times, proper DNA testing demonstrates that there was in fact the element of reasonable doubt. And because of the jury’s decision an innocent person was sentenced to death row or had to rot for years in prison. Should the jurors be legally penalized for being irresponsible? One way or the other, odds are, living with the knowledge that you condemned an innocent to die or rot in a cell is on its own punishment enough.

However, the positive tendencies continue to grow – more and more people are being exonerated thanks to proper DNA testing. The most common cause for wrongful conviction is misidentification of the perpetrators, comprising more than 70% of all cases. Furthermore, among those cases of misidentification, about 40% occur due to the simple fact that people have trouble trying to recognize individuals of other races.

The second leading cause for wrongful conviction is making mistakes in forensic science. Despite the fact that DNA testing has proven to be 100% accurate, it is hard to say the same about other types of forensic investigations, such as bite mark comparisons, microscopy, comparison of shoe prints as well as the firearm mark tool analysis.

Third place in the leading causes for wrongful convictions is false accusations as well as false and incriminating confessions. Then follows the wrongful testimony from the informants. After all, the vast majority of informants have a certain incentive – they are promised milder penalties or, in some cases, that the charges will be dropped altogether. Of course, when faced with such a pleasant perspective, the informants will always be more than happy to talk and to point out the criminals, even if those people were innocent to begin with.

One way or the other, if you or perhaps your loved ones were wrongfully convicted or perhaps falsely accused of a crime that you never committed, you will want the case and all the evidence to be reexamined. DNA testing may also be required and you will surely need a qualified as well as genuinely experienced legal representative by your side in order to ensure that everything is done by the book and that there are no mistakes in the forensic process.

If you were arrested or under investigation for a sex crime, call our law offices at (877) 781-1570 or use contact form to request free face-to-face consultation.

Law Offices of Los Angeles Criminal Defense Specialists