San Jose Criminal Defense Lawyer Blog

With six criminal prosecutions pending, Nancy Chi Ni was arrested yesterday at the Valley Fair Shopping Mall. Police picked Ni up on suspicion of vandalizing a 1999 black Mercedes-Benz E-320, a 2007 silver BMW 335 and a 2007 silver Honda CRV. Ni, 30 years old, was out on bail after she allegedly vandalized another vehicle in Milpitas. She is currently in custody on $1 million bail.

Besides these two latest incidents, the Santa Clara County District Attorney's Office is prosecuting Ni for five other separate incidents and now Alameda County has indicated that she has case pending there as well. All charges are related to acts of car vandalism, particularly in Santa Clara and Milpitas. Ni's bizarre behavior seems to be targeted at luxury cars such as BMWs and Mercedes, although Ni herself drives a black 2009 BMW. Overall, Ni is being charged with 13 vandalisms in Santa Clara County and there are reports of other uncharged vandalisms with the same MO.

In the latest case, police officers observed Ni acting suspiciously (take that for whatever it means) and then saw her scratch a Mercedes. The same thing happened in Milpitas on September 16. Police said that Ni usually carries a knife in her purse and uses it scratch vehicles. No reason why the woman repeatedly damages luxury vehicles.

In 2006, Ni was arrested and convicted for solicitation of prostitution in San Jose. She is a masseuse by trade.

In a recent survey conducted by insurance.com, San Jose appears to have one of the highest DUI rates in the country. As a matter of fact, San Jose ranked 2nd, next to San Diego. According to one pontificator at insurance.com, the reason for this is two-fold: less integrated and use of public transportation and higher drinking and social merriment. Are the people of San Jose drunk party-goers?

No, the real reason is simple enough: far more aggressive DUI enforcement and a greater eagerness to prosecute. San Jose is notorious for "crackdowns" on drunk drivers, routinely setting up roadblocks (often times outside the constitutional parameters for such stops), increased traffic stops (also often times constitutionally impermissible) among other law enforcement procedures.

Also, it may be an issue about money. San Jose Law Enforcement (and San Diego too) is better funded and equipped than other cities. Looking at the list provided by insurance.com, the cities with the lowest DUI rate have the highest crime rate! On the flip-side San Jose was recently named one of the safest big cities in the country.

An unidentified San Jose police officer was placed on administrative leave after pretending to arrest a 14-year old boy. According to the Mercury News the boy was in a dating relationship with the officer's daughter, who learned they were sexually intimate. In an attempt to frighten the young boy the officer came to his home and placed him handcuffs. The officer informed the minor (in front of his stricken parents) that he was being arrested on the charge of rape.

The Cop told reporters that he merely wanted to scare the boy and teach him a lesson about sexual promiscuity. When contacted the Santa Clara County District Attorney's Office said they were investigating whether the officer committed any crimes. Investigating? I can come up with half a dozen off the top of my head, including false imprisonment and battery on a minor. This officer won't be prosecuted, I'm thinking.

The boy's mother told reporters: "He came over in full uniform and parked his motorcycle in front of our house; he didn't come over in jeans and shirt," said the boy's mother. "He didn't come over as a parent. He came over as somebody who had the authority to do whatever he wanted with us."

To make things even worse for a beleaguered family, after they reported the incident to Internal Affairs, the police arrested the boy for unlawful sexual intercourse with a minor. Yes, the DA can prosecute the male in these cases even though he too is underaged. However, the DA rarely does so.

No word if the teenagers are still a couple.

Below is a cellphone video of the incident taken by the kid's parents. They have retained a lawyer, but no word what they intend to do.

The driver of the SUV in last week's tragic car crash that resulted in the death of two is being charged with two counts of vehicular manslaughter with gross negligence, evading police that led to the death of another person, possessing methamphetamine, and driving with a suspended license. He was originally arrested for a DUI, but the District Attorney's Office decided not to add that charge.

It was reported that Jose Hernandez was driving his Explorer SUV up to 110 miles per hour in Downtown San Jose shortly before the crash. The two passengers in the back, Vicente Reza and Jose Varales were pronounced dead at the scene.

According to the California Highway Patrol, Hernandez' SUV was spotted on Notre Dame Ave for not having a rear license plate. The CHP demanded that the driver pull over, via the PA, approximately six times. The driver did in fact pull his vehicle over on Carlysle Ave. However, when the officers step out of their patrol vehicle, the SUV peeled away. They followed the SUV as it turned left on Almaden, but lost sight of it on St. James. However, three blocks down they saw a billowing cloud of dust, which was the area of the fatal crash.

CHP has released the police report which indicates that Hernandez admitted smoking pot and drinking alcohol earlier. A blood test showed a blood alcohol content of .17. He also admitted using cocaine earlier that evening.

DMV records show a list of traffic violations including speeding, failure to wear a seatbelt and a failure to appear.

Continue reading "Update on Fatal San Jose Crash" »

Effective today, San Jose will no longer have a specialized police force dedicated to fighting violent crime and street gang activity. The announcement comes on the heels of city-wide budget cuts and downsizing. San Jose Police Department's Violent Crime Enforcement Team (VCET) seems to be the latest department to be axed. The Police indicated to reporters that the Team made approximately 1,000 gang arrests annually.

George Beattie, San Jose Police Officers' Association President, told reporters that the "elimination of this unit from the San Jose Police Department will have a devastating impact which cannot be estimated."

The 18 officers of the Violent Crime Enforcement Team will be transferred over to the Metro Unit. Beattie stressed that this will make the city more vulnerable to the estimated 50 gangs and 9,000 validated gang members in San Jose. (Of course, readers of this blog know my take on this: if you happen to live on the wrong side of town, well, that makes you a gang member to the police).

Mayor Chuck Reed's spokesperson, Michelle McGurk issued a press release on Sunday saying the VCET was not being eliminated and called it a "staffing change."

Continue reading "San Jose to Eliminate Its Gang Unit" »

The United Way of Silicon Valley has presented an award to the San Jose Police Department for its civic outreach and community relations. United Way gave the award to the Police, calling the department a "community builder." The award is given annually, usually to people or organization that advances the United Ways missions and goals.

However, civil rights leaders here in San Jose has written a derisive letter to the United Way, saying that "we would not consider them (the Police) role models in community building." The group claims that the police have deliberately in a manner that has "increased tensions" with certain communities especially minority. The group further notes the abuse by police who have ratcheted up the number of arrests for public drunkenness. (I can attest that this is the catch-all charge when the police have no other probable cause to make an arrest. San Jose has demanded that police use breathalyzers before making the arrest, but the police often claim they didn't have on e at the time).

Raul Colunga, who signed the letter as a former chairman of the Santa Clara County Council on Equal Employment Opportunities said, ""It's as if they (United Way) didn't recognize the concerns people of color have with police profiling and all the other problems."

A group of Christian congregations did a survey (albeit unscientific) on police abuse and harassment. According to the survey, 35 percent said they had been stopped by the police without cause. Asked if they would report a crime in progress, 22.5 percent said they would not, giving fear of deportation as the most common reason. Only 7.5 percent said they could name at least one officer who patrols their neighborhood.

Below is cell phone video footage of San Jose Police beating a college student, who was handcuffed and on the ground. The video is somewhat graphic.

Continue reading "San Jose Police Not Popular in some Communities" »

Two young men are dead after a high-speed chase by the highway patrol. Vincent Reza and another unnamed man were crushed to death after their Ford Explorer flipped over on East Saint James Street near North Sixth Street in San Jose. The driver of the vehicle has survived but no word on his injuries.

The chase began in the pre-dawn hours today, when the California Highway Patrol, in a marked vehicle, pulled over the 2003 Explorer for not having a rear license plate. When the officers approached the vehicle it took off at a high rate of speed. The officers activated the patrol vehicles light and sirens and pursued the feeling Ford. The Highway Patrol lost sight of the Ford, but later spotted the vehicle in Downtown San Jose. It was reported that the Explorer was speeding on two wheels for several brief moments.

The pursuit ended when the vehicle flipped over and crashed into a parked car and attached utility trailer. The driver, Jose Hernandez, 19, was arrested and the other two passengers were pronounced dead at the scene. It is not known whether the Highway Patrol was in violation of its own pursuit policies.

A review of Hernandez' DMV records show that his license was suspended on July 23 for failing to appear in court. In November, the records show, he was cited for not stopping at a stop sign and not wearing a seat belt on two different occasions. Police say Hernandez was arrested for two counts of vehicular manslaughter, driving under the influence, possession of drugs, driving on a suspended license and evading an officer/failing to yield to an officer.

This accident comes on the heels of yet another high-speed police pursuit on July 13. A 24 year old man driving a Honda led the CHP on the pursuit through Downtown San Jose on San Fernando Street. The Honda smashed into a parked vehicle with such a force that the vehicle was nearly split in two. The teenage driver of that vehicle was killed by the force.

The CHP is reviewing its high-speed pursuit policies in the wake of these two tragedies.

Continue reading "San Jose Police Chase Kills Two Young Men" »

Around 5:00 p.m. on September 11, Gilroy Police arrested four adults and four juveniles on gang related charges. Girloy's Anti-Crime Team arrested Robert Navarro, 21, at 9033 Church St. on a $100,000 warrant for assault with a deadly weapon and on an additional warrant for being under the influence. It is alleged that Navarro physically attacked a man near Safeway on the 900 block of First Street. Witnesses say the victim fell to the ground in front of his wife and two-year old daughter. No word if the injuries are fatal. Police arrested three more men, allegedly from the same local gang: Dominic Casillas, Louie Vallez and Alexander Amezcua. Their charges range from oral copulation of a minor, domestic violence and false imprisonment. Details are not forthcoming.

Police also arrested four juveniles for various crimes, including probation violations, possession of a machete, escaping from a juvenile detention facility and possession of a concealed weapon.

It is alleged that all eight men and boys are members of the Norteno street gang and the Gilroy police say they have put a dent in local criminal gang activity. However, the police have not indicated whether these men are validated gang members. Being Latino and committing a crime does not equal membership in a criminal street gang. Of course, here in San Jose, just living on one side of town automatically makes one a member of a gang. And, wearing a badge automatically makes one a "gang expert." Or so it too often seems.

Continue reading "Gilroy Cracks Down On Street Gangs" »

In a surprising announcement yesterday, San Jose's former police chief of 35 years has endorsed Proposition 19, California's controversial ballot initiative that would legalize marijuana for recreational use. Joe McNamara, now retired, compared the ban on marijuana to the days of prohibition, when the Federal Government banned the sale and consumption of alcohol. He further argues that the ban on pot (as opposed to its use) is the cause of the crime and violence that many people associate with the drug.

Specifically, McNamara says:

In an article written for the San Francisco Chronicle, the former police chief refutes four dire claims made by opponents to Proposition 19:

1. Empirical statistical evidence shows that legalizing cannabis will lower its use among young people, 18-35 years of age. McNamara cites other countries that have no bans on marijuana and suggests that marijuana use is much lower than in the United States. In fact, America has the highest usage rate of marijuana. McNamara further cites a Columbia University study that states underage people find it easier to obtain pot than alcohol.

2. Lifting the ban will not add another drug to the already increasing list of available drugs and narcotics. Further, cannabis use will be highly regulated under the Regulate, Control and Tax Cannabis Act of 2010. And, incidentally, this increase in revenue may save public employee jobs including teachers and police.

3. Legalizing pot will dampen gang control and sales of the drug and reduce crime associated with gangs. McNamara points out that: "Al Capone and his rivals made machine-gun battles a staple of 1920s city street life when they fought to control the illegal alcohol market. No one today shoots up the local neighborhood to compete in the beer market."

4. Proposition 19 will not lead to more DUIs and other crimes. Use of pot will be highly regulated and driving under the influence of a drug is illegal anyway. Further, police will be able to enforce these crimes more effectively if freed from having to make "petty busts" such as mere possession or under the influence (when not driving).

Chief McNamara makes several good points, but we will have to wait and see if the public agrees with his reasoning. The people will vote on the initiative this November 2, 2010. To read McNamara's full article click here.

Continue reading "San Jose Police Ok with Legalizing Pot" »

San Jose Police have released the identities of three victims of homicide over this past weekend. Jasmine Nicole Costa, only 28 years old, was found shot to death at her home in San Jose. Police have picked up a suspect, reported to be 25 years old, who is to be arraigned on murder charges this week. Ms. Costa was the 16th homicide in San Jose for the year.

The city's 17th and 18th homicide victims were identified as two San Jose residents: Alex J. Rodriguez, 27, and Phillip C. Ayala, 26. The two were shot down by a single gunman at 10:42 p.m. Saturday in a parking lot in the 300 block of San Antonio Court. It is alleged that the victims were involved in gang conflict when they were killed. Another woman was injured but her wounds are not fatal.

San Jose, recently called one of the safest major cities in the country has seen an uptick in murder these past few months. This weekend makes the number for 2010 a total of 19 murders. There were a total of 28 murders last year.

These killings come on the heels of the controversial killing of a San Jose man by police. San Jose Police were dispatched on calls of a man wielding a knife. On scene, without attempting to subdue the man (i.e. with tasers) the police shot the man to death. He was later identified as Brian Strand Casey, known for a mild disposition. Two other people have been slain by police this year in similar circumstances.