General Crime

* San Jose Judge Fails To Make The Right Decision And Finds a Man Who Murdered A San Jose Officer Mentally Retarded

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*San Jose Grand Jury Will Not Indict Officers In DA Investigation

Dec 24, 2008 SJ: JUDGE FINDS MAN ACCUSED OF KILLING OFFICER IN 2001 MENTALLY RETARDED

A Santa Clara County judge has ruled that a man accused of killing a San Jose police officer in 2001 is mentally retarded and therefore cannot be sentenced to death if convicted, district attorney’s office spokeswoman Amy Cornell said today. DeShawn Campbell, 29, has pleaded not guilty to a murder-with-special-circumstances charge in connection with the Oct. 28 fatal shooting of Officer Jeffrey Fontana during an early morning traffic stop in the city’s posh Almaden Valley neighborhood.

Judge Diane Northway, the same judge who has ruled Campbell mentally retarded, had previously rejected an argument in 2007 by the defense that Campbell, in part because his IQ was measured at no higher than 66 in three tests administered between 1997 and 2005, was retarded. The U.S. Supreme Court in 2002 ruled that executing the mentally retarded violates the Fifth Amendment’s ban on “cruel and unusual” punishment. Campbell is scheduled to return to court Jan. 12 for the start of his murder trial.

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Dec 22, 2008 SJ: GRAND JURY WILL NOT INDICT OFFICERS IN DA INVESTIGATOR’S DUI CASE

A Santa Clara County criminal grand jury has declined to indict two San Jose police officers accused of ignoring evidence a district attorney’s office investigator was drinking before an injury accident earlier this year, prosecutors said today.The probe stemmed from a March 25 incident, involving investigator Sandra Woodall. San Jose police Sgt. Will Manion and Officer Patrick D’Arrigo responded to the crash, after which it was alleged they deliberately ignored evidence Woodall had been drinking before the accident and failed to collect a blood sample, according to the Santa Clara County District Attorney’s Office.

The state Attorney General’s Office, which took up the case in order to avoid a conflict of interest by the district attorney’s office, later filed a felony DUI charge against Woodall, according to the district attorney’s office.The charge was reduced to a misdemeanor under a plea deal last week, the district attorney’s office said.The district attorney’s office said they presented the officers’ case to a grand jury not only because of Woodall’s employment, but because her father-in-law is also employed by the district attorney’s office, her husband is a San Jose police sergeant, and they were all known by several of the officers involved in the investigation.The grand jury’s decision now ends the district attorney’s office inquiry into the matter, prosecutors said.

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Dec 23, 2008 FAIRFIELD: MAN ARRESTED AFTER HIS GIRLFRIEND IS FOUND STABBED

Fairfield police today arrested a 28-year-old man on suspicion of attempted murder and domestic violence after his girlfriend was found with stab wounds to her head. Officers were called around 3:45 a.m. to an apartment in the 600 block of Travis Boulevard, where they found a 27-year-old woman with a stab wound to her head, according to the Police Department.The woman provided police with a statement before her condition worsened and a helicopter transported her to a nearby hospital.

She is listed in stable condition, police said.Police then located the woman’s boyfriend, 28-year-old Fairfield resident Noah Battle, at the scene and arrested him on suspicion of domestic violence, attempted murder and violation of probation.Battle had minor injuries and was treated and released to police custody. He has been booked into Solano County jail and police served a search warrant to collect evidence in the case. An investigation into the incident is ongoing and anyone with

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Dec 19, 08 MONTEREY CO.: GONZALES MAN FACING PRISON TIME FOR CHILD PORNOGRAPHY

A Gonzales man faces up to nearly four years in prison after admitting in court Thursday to possessing and distributing child porn, Monterey County prosecutors said.Craig Dinwiddie, 52, pleaded no contest in Monterey Superior Court to two felony counts of possessing and distributing child pornography and six misdemeanor counts of exploitation of children, according to District Attorney Dean Flippo.Dinwiddie faces a maximum of three years and eight months in prison at his sentencing on Jan. 27, according to the district attorney’s office.

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Dec 18, 2008 :REDWOOD CITY: MAN GETS LIFE IN PRISON FOR MURDERING MILLBREA COUPLE

A 54-year-old man convicted of first-degree murder for beating to death his employers in 2006 was sentenced in San Mateo County Superior Court today to life in prison without the possibility of parole. Joseph George Cua, who resided in Burlingame and Hemet in Southern California, was found guilty June 27 of two counts of first-degree murder with a special allegation of multiple murders. Cua was convicted of killing Fernand Wagner, 78, and Suzanne Wagner, 68, who were found beaten to death in their home June 14, 2006. Police discovered their bodies after Suzanne Wagner, a part-time hairstylist, failed to show up to work that day. Cua was the couple’s building manager and had known them for 25 years.A jury found Cua guilty after a 16-day trial and one day of deliberation.

Jurors said there was little doubt as to Cua’s guilt, and spent most of their time deliberating between first- and second-degree murder. The families of the victims clapped and called, “See ya,” as Cua was escorted out of the courtroom after his sentencing. “You’ve been a liar, a cheat and a thief your whole life, and now you’re a murderer,” a family member said to Cua. Prosecutors said Cua murdered the couple because they realized he had been stealing money from them. He was found to have embezzled more than $230,000 from the victims.The Wagners’ bodies were found inside their home at 623 Lomita Ave. Both victims had suffered numerous blows to the head and face, and each suffered skull fractures and broken jaws.

Cua’s DNA was found on Suzanne Wagner’s underwear and nylons, as well as near her body, and was also found on a door jamb near Fernand Wagner’s body and in the Wagners’ black Cadillac. Cua was arrested in Oxnard five days after the couple was killed. Before reading his sentence, Judge Norman Gatzert said Cua’s “actions appear to be cold and deliberate.” Gatzert denied the defense’s motion for a new trial today and said the motive, lack of alibi and injuries (to Cua) that were consistent with being involved in a deadly fight,” led him to believe Cua was guilty.

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1 Comment

  • Dec 24, 2008 SJ: JUDGE FINDS MAN ACCUSED OF KILLING OFFICER IN 2001 MENTALLY RETARDED

    This is wrong why did it take so long to do something. How can you be retarded and yet run from the police? if your so retarded how come he did not stick around after he murdered the cop? I know the answer to that. He is murderer who knows right from wrong and should be executed.

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