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Sunday, March 31, 2013

Second Mistrial for OC Hockey Mom Accused of Sexual Assault

Kathia Maria Davis, 44 of Laguna Niguel, evaded harsh jail time when jurors deadlocked for the second time. 

David, accused of sexually assaulting her son's 13-year-old friend, was convicted last year of four felonies in the sexual assault of another boy who was 16 at the time. Davis could get five years in prison for the previous convictions.



During the trial, prosecutors said Davis engaged in sexual acts with two boys who were associated with the Beach City Lightning hockey team, which plays in Anaheim and Laguna Niguel. Davis allegedly gave threw parties for the teenagers, supplying them with alcohol and then engaged them in sexual acts, in some cases with her children still in the house.  

Davis was accused of having sex with the 16-year-old four times at her home in her bedroom between July 1, 2010, and July 31, 2011, prosecutors said. But Davis says she rebuffed the advances of a 13 year old who came onto her. 

During the first trial, a jury of 10 women and two men found Davis guilty of the first crime after a day-and-half of deliberations, but they failed to reach an agreement about whether she did the same to the younger child. 

If you or a loved one is facing criminal charges, call an experienced and aggressive criminal defense attorney to fight your charges and/or reduce your sentence. Call Brower & Associates, the Orange County criminal defense attorneys who will fight for your rights!

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Monday, March 25, 2013

Feds Raid Businesses for Nitrous Oxide, No Laughing Matter

This weekend, police raided 17 businesses suspected of selling nitrous oxide for use as  recreational drug. These businesses included locations in Orange County.

The raids were the result of an 18-month investigation dubbed "No Laughing Matter" by the Food and Drug Administrations Office of Criminal Investigations and the Los Angeles County Sheriff's Department. The FDA has recently focused on the illegal use of nitrous oxide, also known as laughing gas or nos, which is legally used by dentists for anesthesia, to pressurize whip cream canisters and to speed up drag racing cars. If ingested at high levels, nitrous oxide can cause death from lack of oxygen; it can also lead to spasms, convulsions and other health problems.

Nitrous oxide is inexpensive, and not a controlled substance, thus making it difficult for law enforcement to control its production and sale. The operations are part of a new team set up by the Sherrif's Department over the last six months to monitor social media around the clock. The team has found many public posts that target teens and advertise alcohol and illegal drugs such as nitrous oxide.

The operation resulted in federal agents seizing 367 tanks or 36,000 pounds of nitrous oxide with a street value of $20 million, said Andre Birotte Jr., U.S. attorney for the Central District of California.

The sale of nitrous oxide is usually on a misdemeanor, depending on the amount of drug found in the possession of the distributor.

If you or a loved one is facing criminal charges, call an experienced and aggressive criminal defense attorney to fight your charges and/or reduce your sentence. Call Brower & Associates, the Orange County criminal defense attorneys who will fight for your rights!

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Monday, March 18, 2013

St. Patricks Day Weekend, Dozens Arrested on Suspicion of DUI

Many people spent St. Patrick's day celebrating the Irish by drinking green beer and bar hopping. However, during this time CHP and the Orange County Sheriff Department cracked down on drunk driving by conducting several DUI checkpoints in Orange County, due in part to a newly awarded grant.

Forty-five people were arrested on suspicion of driving under the influence of alcohol Sunday along. The arrests were made on county roads and freeways, where law-enforcemnet officials used roving patrols and saturation enforcement to target intoxicated drivers. 

The stepped-up enforcement was part of the "Avoid the 38" DUI task force's crackdown, which refers to the 38 agencies involved in the crackdown. 

The 45 arrests appeared to be in line with last year's enforcement. Last year, 64 people were arrested throughout the county on suspicion of DUI, but that number included arrests from an entire weekend of enforcement activities. 

In Fullerton, an 18-year was arrested on suspicion on drunk of drunk driving after losing control of his car and crashing into a home. The teenager was treated at a local hospital, no one was injured inside of the home. 

Driving under the influence is both a criminal and a civil matter. If you or a loved one is accused of driving under the influence, call Brower & Associates to handle you case. The Law Offices of Brower & Associates applies an aggressive defense of individuals, resulting in a high success rate. 
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Saturday, March 9, 2013

California Supreme Court Overturns a Felony Murder Conviction


The California Supreme Court on Thursday unanimously overturned the first-degree murder conviction of a man who stole appliances and caused an accident, resulting in the death of a LA County Sheriff Deputy, an hour later when a stove fell off his truck.
Cole Allen Wilkins of Long Beach was convicted under the "felony-murder rule," which says a defendant may be convicted of first-degree murder if someone dies while the suspect is committing a felony, such as a burglary or rape. Intention to kill is not required for conviction.
Relying on that rule, an Orange County jury convicted Wilkins in 2008 of first-degree murder because he stole appliances, a felony, and caused the death of Los Angeles County Sheriff's Deputy David Piquette when a stove fell onto the road. Piquette was killed when he swerved to avoid the stove on the 91 Freeway in Anaheim and was crushed by a cement truck.
The judge had instructed the jury that Wilkins, then 32, could be found guilty of murder if the fatal accident and the burglary were part of a “continuous transaction.” The jury convicted, and Wilkins was sentenced to 25 years to life.
The state high court overturned Wilkins’ conviction on the grounds the jury had not been instructed properly. If a perpetrator of a felony has already escaped and reached a “temporary place of safety,” any death he then causes is not felony murder, the court said.
The court ruled, given the evidence, there is a reasonable probability that a jury properly instructed would have concluded that defendant had reached a place of temporary safety before the fatal act occurred and was not guilty of felony murder.
Orange County prosecutors will now have to decide whether to retry Wilkins.
If you or a loved one is facing criminal charges, call an experienced and aggressive criminal defense attorney to fight your charges and/or reduce your sentence. Call Brower & Associates, the Orange County criminal defense attorneys who will fight for your rights!

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