San Diego DUI Checkpoint Results

by DUI Daily Staff

The San Diego Sheriff's Department, Lemon Grove Station, conducted a Drunk Driving / Driver's License Checkpoint at the 6900 block of East Broadway, in the City of Lemon Grove. The Checkpoint took place between 7:30 P.M. and 2:00 A.M., beginning on Friday, September 12, 2008. A total of 1160 vehicles passed through the checkpoint with 1135 vehicles contacted. The results of this operation include the following:

* 125 Vehicles sent into secondary inspection.
* 78 Citations issued for various violations.
* 11 Vehicles stored for various violations.
* 8 Field Sobriety Tests given.
* 3 Individuals arrested for Driving Under the Influence (DUI).
* 1 Individual arrested for a Felony Warrant (Out of State).
* 8 Unlicensed Drivers Cited.

Funding for the Checkpoint was provided by a grant from the California Office of Traffic Safety (OTS).

Woman in Road Rage Case with Cop May get Plea Deal

Continued...
The judge in Riverside County extended her probation for three more years and suspended a four-year prison sentence, which she would have to serve if she violates her terms again.

Prosecutors allege Silva had a blood-alcohol level of .15 percent during the Oceanside incident, which resulted in White's prosecution on a felony count of gross negligent discharge of a firearm causing great bodily injury. He also faces a misdemeanor of exhibiting a weapon.

According to Oceanside police, Silva pulled out of a gas station driveway into the path of White and his wife, who is a Carlsbad police dispatcher, around 9 p.m. The officer had to swerve to avoid Silva's car, and she allegedly tailgated him, revving her engine and shouting.

Police said she pulled up alongside the couple's vehicle in the parking lot, still shouting, and sideswiped their car, prompting the officer to fire five times.

The woman was struck by two bullets in the arm, and the boy was hit twice in the left leg.

White and his wife were uninjured.

The officer's supporters say he identified himself as a police officer and contend Silva was the aggressor.

A substitute for Silva's lawyer, Michael Pancer, appeared at today's hearing. Reached later by telephone, Pancer declined to comment on the status of plea negotiations or the preliminary hearing waiver.End.

Woman in Road Rage Case with Cop May get Plea Deal

An Oceanside woman charged with felony child endangerment stemming from a road-rage dispute with an off-duty police officer waived her right to a preliminary hearing Monday amid negotiations that could result in a plea agreement.

Rachel Silva, 27, and her 8-year-old son were both shot and wounded by San Diego police Officer Frank White during a dispute on March 15 in the parking lot of a Lowe's store in Oceanside.

The state Attorney General's Office, which is prosecuting Silva, alleges the woman willfully placed her son under circumstances likely to produce great bodily injury or death.

She is also charged with five misdemeanors: two counts of drunken driving, driving while possessing marijuana, driving on a suspended license and a revoked license.

Judge Michael Smyth scheduled another readiness conference for Nov. 10 at the San Diego County Courthouse and trial, if necessary, for Nov. 18.

"Hopefully at the readiness conference we'll have a disposition (of the case)," Supervising Deputy Attorney General Jim Dutton said. "We're not sure, but we hope to be ready at that time. It hasn't been worked out completely."

Last week, Silva admitted that the Oceanside run-in resulted in a violation of probation that she was serving in connection with a drunken driving arrest in Temecula in April 2007. She was placed on three years probation for felony child endangerment and misdemeanor DUI convictions in that case.Continued...

Woman in Road Rage Case with Cop May get Plea Deal

An Oceanside woman charged with felony child endangerment stemming from a road-rage dispute with an off-duty police officer waived her right to a preliminary hearing Monday amid negotiations that could result in a plea agreement.

Rachel Silva, 27, and her 8-year-old son were both shot and wounded by San Diego police Officer Frank White during a dispute on March 15 in the parking lot of a Lowe's store in Oceanside.

The state Attorney General's Office, which is prosecuting Silva, alleges the woman willfully placed her son under circumstances likely to produce great bodily injury or death.

She is also charged with five misdemeanors: two counts of drunken driving, driving while possessing marijuana, driving on a suspended license and a revoked license.

Judge Michael Smyth scheduled another readiness conference for Nov. 10 at the San Diego County Courthouse and trial, if necessary, for Nov. 18.

"Hopefully at the readiness conference we'll have a disposition (of the case)," Supervising Deputy Attorney General Jim Dutton said. "We're not sure, but we hope to be ready at that time. It hasn't been worked out completely."

Last week, Silva admitted that the Oceanside run-in resulted in a violation of probation that she was serving in connection with a drunken driving arrest in Temecula in April 2007. She was placed on three years probation for felony child endangerment and misdemeanor DUI convictions in that case.Continued...

Justice of the Peace, Precinct 6: Democrat: Paul Simon

Name: Paul Simon

Office seeking: Pima County Justice of the Peace Precinct 6

Party registration: Democrat

Age: 50

Occupation/employer: Pima County Justice of the Peace

Family: Married 20 years. Two daughters. Two step-sons.

Religion: Jewish

Income: JP Salary is $95K

Residence: Pima County

Education: B.A Psychology (UC-San Diego); M.Ed.(University of Arizona); J.D.(University of Idaho)

Offices held/run for: Pima County Justice of the Peace (since 1997)
Civic activities/organizations: Board of Trustees, Congregation Anshei Israel; Supreme Court New Judge Orientation Training; Teen Moot Court Volunteer Judge; UA Law School Mentor Program

Why are you running? To continue my efforts to improve local court system

The biggest issue facing my constituents is: court access
Favorite local hangout: My house

NPR or FOX? NPR

How long have you lived in Arizona? 29 years

What kind of vehicle do you drive? What kind of mileage does it get? 2006 Toyota (25-30 mpg)

If I could have dinner with any living person, I would choose: Jerry Seinfeld

If I had my own reality show, it would be titled: "Judge Mental"

First job: Shoveling snow (25 cents/sidewalk)

Do you believe justices of the peace should be lawyers?

Ideally yes.

Do you believe the consolidated court should be dismantled so defendants and litigants are served closer to their homes?

Pima County is too large in size and population to be well-served by a Justice Court located in one location Downtown. As with all other essential governmental services the courts should be accessible within the community. This could be accomplished in Pima County while maintaining some level of administrative consolidation.

Given the sheer number of people who come through our courts, how do you/would you avoid an assembly-line mentality and ensure justice is served?

From the first day as a judge to the last day this is and always will be a challenge. You must take the time that is necessary with each case. You must relate to people as a human being, as a regular person. And you must use your experience and common sense.

"I can't believe that his first job was shoveling snow at 25 cents/sidewalk. He must be a very persistent man."

Police Blotter

Randolph

• Police on Friday stopped a motor vehicle on South Salem Street for a violation and both people in the car, Marcus D. Blackmon and Shaneka Harris, both 22 of Dover, gave false information during the course of the stop, police said. Harris had outstanding warrants out of New Brunswick. Both were arrested and charged with hindering apprehension. A third person in the car was wanted out of Florida but there was no extradition authorized and she was released.

• Police on Wednesday responded to County College of Morris Parking Lot 6 on a terroristic threat complaint. The victim stated she was waiting for a parking spot when another driver pulled into the spot and threatened to damage her car. The vehicle, a black Volvo, left the scene prior to patrols' arrival.

• A township resident reported Wednesday that he received a package from UPS that contained three money orders made out to a subject in Brooklyn, N.Y.

• Stroudsburg, Pa., resident Brian M. Mazal, 27, appeared in municipal court on Wednesday and was arrested for being a wanted person. He was turned over to the Morris County Prosecutor's fugitive unit.

• A township resident on Thursday reported receiving a threat via e-mail. The e-mail was turned over to the Morris county Prosecutor's Office, which traced the origin to Israel.

• A township resident on Thursday reported that an assault took place after a "road rage" incident on Center Grove Road.

• Township resident Christopher T. Kampschmidt, 36, was charged Thursday with driving while intoxicated, reckless driving, driving under the influence and DUI within 1,000 feet of a school.

• Mine Hill resident Lionel Rita, 44, was stopped Friday on Sussex Turnpike for having an unregistered vehicle. Police smelled burnt marijuana coming from the vehicle and found a pipe. Rita was charged with possession of under 50 grams of marijuana and possession of drug related paraphernalia as well as several motor vehicle violations.

• Accurate Mailings reported on Friday that the company had received a check from a Succasunna resident who then put a stop on the check after receiving the company's product.

• Township resident Steven Evans, 29, on Friday turned himself in at headquarters for outstanding warrants out of Cliffside Park. He posted the $203 bail and was released.

• Police Saturday took a report of criminal mischief at the Gateways Apartment complex, where several street lamps had been broken.

• Police on Friday stopped Shane D. Joseph, 20, of Morristown, for a motor vehicle violation on Route 10 and found active warrants for him out of Rockaway Township and Morris Township. Joseph was unable to post the bail and was turned over to Rockaway Township.

• Police on Saturday responded to a Shady Lane home on a noise complaint and saw several individuals inside consuming alcoholic beverages, police said. Michael S. Diebold, 20, of Morristown, was seen holding a bong in his hands, police said. He was charged with possession of under 50 grams of marijuana as well as possession of drug related paraphernalia.

• Parag Khanapurkar, 28, of San Diego, Calif., was stopped for allegedly speeding on Sussex Turnpike Saturday and was charged with driving while intoxicated.

• A township resident on Saturday reported getting hit by a bottle of soda that was thrown from a moving vehicle on Pleasant Hill Road.

• Cary A. Amaro, 32 of Randolph, was arrested Saturday when a check of her license plate revealed an outstanding warrant out of Rockaway. She posted the $290 bail and was released.

• The manager of a township rental property on Saturday reported being threatened by an acquaintance of the current tenant, who was in the process of moving out.

• Township resident Michael A. Cohen, 22, was arrested Saturday during the course of an investigation at police headquarters and charged with obstructing the administration of law.

• Township resident Susan S. Sodano, 25, turned herself in at police headquarters for an outstanding warrant out of Florham Park. She posted the $89 bail and was released.

• Police on Saturday responded to a Spruce Tree Lane home to document an ongoing complaint of harassment between two neighbors.

• Police on Sunday met with a township resident who reported that her boyfriend had taken her car while they were in Asbury Park and not returned it. She was advised to make the complaint to the Asbury Park Police Department.

• The owner of a Franklin Road business reported Sunday that numerous tools, valued at approximately $800, had been stolen from the business.

• Police on Monday responded to Sussex Turnpike on a harassment complaint. The victim stated a male driving a silver truck had followed her into the parking lot and yelled at her.

• Police on Monday documented a harassment complaint made by a township resident who said that a former friend had threatened to shoot him during a phone conversation.

Source

Police Blotter

Morris Twp.

• Marc R. Nigro, 22, of Randolph was charged with driving while intoxicated at 3:11 am. Sunday after he allegedly drove across the front lawn of a home on Old Mendham Road. He was released to a family member.

• Jesse B. Spector, 33, of South Orange, was charged with driving with an expired registration and having a $235 warrant out of Newark following a motor vehicle stop on Madison Avenue at 3 p.m. Friday. He was released after posting bail.

• Brett J . Aurilia, 29, of Parsippany was charged with driving while intoxicated on East Hanover Avenue at 8:38 p.m., Friday, after police responded to Casterline Lumber on a report of a man slumped over the wheel of a car. Aurilia was found behind the wheel of a 2007 Pontiac with the engine running, police said. He was also charged with possession of heroin, possession of paraphernalia and possession of a syringe. He was released to a family member.
Mount Olive

• A trailer at the Village Green complex was vandalized with black spray paint overnight Thursday to Friday. The trailer's owner had seen a group of juveniles in the area Thursday night and when the owner approached, they ran into the wooded area behind the complex. Friday, the owner discovered the graffiti. Management at the Village Green complex have reported that cases of graffiti have been on the rise the last few weeks. Anyone with information about the vandalism can call Detective Jessica Groblewski at (973) 691-0850.

Pequannock

• Frank Garcia, 19, of Pompton Plains, was charged with underage possession of alcohol on Thursday at 5:40 p.m. after police saw him placing two full 30-packs of beer and another alcoholic beverage into the open trunk of his vehicle. Garcia was known by police to be under 21. He was charged and released, pending a municipal court appearance.Continued...

Police Blotter

Jefferson

• Police on Saturday responded to South Parkway for a reported loud party. The officer saw numerous beer bottles on the patio deck and numerous empty beer bottles on the kitchen counter top. The officer saw five males and one female in the home who appeared to be underage. Michael Chapman, 18, who stated he lived at the home, was issued a summons for providing alcohol to underaged people. The parents were out of town at the time.

• A Yacht Club Drive resident on Saturday reported her pocketbook containing her tan Coach-brand purse was removed from her unlocked vehicle while at a friend's house on Briggs Road. She said some unidentified kids from Denville were at the party.

• A Ripplewood Drive resident reported Saturday that sometime during the night someone threw a rock at the resident's motor vehicle and caused damage to the left-rear-quarter panel.

• Township resident Patricia Ranta, 21, on Saturday turned herself in at headquarters for an outstanding $750 warrant from Seaside Heights. She posted bail and was released.

• Benjamin Steiner, 22, of Wharton, was arrested Friday on active warrants out of Rockaway Township. He was taken there in default of $1,000 bail.

• Police on Thursday responded to a residence at Beaver Point Trail. It was reported that the residents had recently moved out and miscellaneous tools and other items were left in an unsecured shed in the back yard along with a silver canoe. It was reported that a silver canoe was missing and the shed was in shambles. Residents in the area observed between 7 p.m. and 7:30 p.m. on Wednesday an unknown bluish-green pickup truck backed onto the property. Three males were observed taking the canoe.

Madison

• Karen Stanton, 50, of Madison was charged with trespassing after police determined she allegedly trespassed on a Park Avenue property on Sept. 16 at 12:54 p.m. She was released pending a court appearance.

• Bryan Domanski, 20, of West Milford, was charged with underage possession of alcohol after he was pulled over on Beech Street on Sept. 16 at 11:30 p.m. He was released pending a court appearance, police said.

• Joshua Melcher, 18, of Madison was charged with driving while intoxicated and possession of marijuana and drug paraphernalia after he was pulled over on Elm Street on Sept. 17 at 12:57 a.m. Melcher also was charged with speeding, careless driving and driving with an open container of alcohol. He was released on pending a court appearance.

• Erika Fahy, 20, of Wharton was charged with underage possession of alcohol after she was pulled over on Knollwood Road on Sept. 17 at 10:30 p.m., and was released pending a court appearance.

• Debra Seitz, 37, of Florham Park reportedly crashed her car into a utility pole at the corner of Greenwood Avenue and West End Avenue on Saturday at 7:55 p.m., allegedly while under the influence of alcohol. The Florham Park Police Department, the Madison Volunteer Ambulance Corp. and the Florham Park Ambulance Corp. also responded to the scene. Police smelled alcohol on Seitz's breath. Charges are pending toxicology results and the investigation is ongoing. Seitz was taken to Morristown Memorial Hospital for evaluation.

Continued...

Police Blotter

Richard T. Holmberg III, 30, of Boonton, and Mathew B. Marsh, 27, of Wayne, were charged with disorderly conduct on Friday at 2:23 p.m. after police discovered they were allegedly intoxicated during a dispute outside the School Street School. The dispute occurred during school hours, but all students were inside the Birch Street building. Holmberg and Marsh stayed by the street corner near the school, arguing, until police arrived. Both men were released, pending a municipal court appearance.

• Thomas Samut, 50, of Boonton, was arrested on an outstanding contempt of court warrant on Thursday at 10:12 a.m. and turned over to the Hanover Police Department.

• A Lake Hiawatha man was charged Thursday in connection with the theft of a resident's credit card in April. He allegedly used it to purchase more than $800 in items. Asif R. Mufti, 36, was charged with theft of a credit card and forgery. He posted $2,500 bail and was released, pending a municipal court appearance.

• Maureen Z. Durante, 51, of Boonton, was charged with driving while intoxicated, reckless driving and disregard of a stop sign on Thursday at 10:34 p.m. She was released.

• Joanne Bonanni-Wind, 43, of Boonton, was arrested on an outstanding contempt of court warrant on Wednesday at 10:47 a.m. She was released.

• A 16-year-old Boonton boy was charged with disorderly conduct on Sept. 15 at 3:21 p.m. for allegedly creating a disturbance in a park on Roessler Street and Park Avenue. He was released to his parent.

• Anthony J. Mackin, 18, of Boonton, was charged with simple assault after he allegedly struck a female acquaintance during a dispute on Sept. 15 at 9:44 p.m. He was lodged in the Morris County Jail.

Continued...

POLICE FILES

Area 4

Ashton Drive: Circuit breakers were reported stolen from a circuit box in a backyard in the 300 block at 8:28 p.m. Wednesday.

Brangwyn Way: A radio was reported stolen from a vehicle in the 1200 block at 4:27 a.m. Monday.

Brangwyn Way: A vehicle was reported burglarized in the 1200 block at 4:27 a.m. Monday.

Brooks Street: A flag pole and flag were reported stolen from a yard in the 400 block at 5:31 p.m. Thursday.

Brooks Street: A vehicle burglary was reported in the 500 block at 8:15 a.m. Monday.

Crestview Drive: A computer, phone system and DSL equipment, valued at $5,600, were reported stolen from an unsecured home under construction in the 2000 block at 4:26 p.m. Friday.

Glenneyre Street: A San Juan Capistrano man was arrested on suspicion of DUI at Bluebird Canyon Drive at 11:43 p.m. Saturday.

Glenneyre Street: A cellphone, earpiece and vehicle registration were reported stolen from a vehicle at Cress Street at 9:33 a.m. Monday.

Nyes Place: A “huge” iguana was reported wandering in the 600 block and 700 block at 1:34 and 2:55 p.m. Thursday.

Pearl Street: A pedestrian was reported hurled over the hood of a vehicle, and a bicyclist was also struck, at Ocean Way at 5:31 p.m. Monday.

Regatta Road: Two vehicles were reported burglarized in the 1400 block at 4:25 and 4:27 a.m. Monday.

South Coast Highway: A Laguna Beach woman was arrested on suspicion of pouring a drink on a patron at a restaurant in the 1700 block at 9:47 p.m. Sunday.

Terry Road: Tools were reported stolen from a landscaper’s vehicle in the 2800 block at 6:07 p.m. Wednesday.

Area 5

Blue Lagoon: A San Clemente man was arrested on suspicion of DUI at Coast Highway at 11:31 p.m. Saturday.

Catalina Avenue: A San Juan Capistrano man and a San Diego woman were issued citations for marijuana possession after a traffic stop at Coast Highway at 2 p.m. Saturday.

Coast Highway: A teenager was reported injured in a gully in the 31800 block at 4:02 p.m. Wednesday.

Coast Highway: A wallet was reported stolen from a woman’s purse in the 31600 block at 1:09 p.m. Wednesday.

Coast Highway: A wallet was reported stolen from a woman’s purse while she was shopping at a market in the 30900 block at 10:02 a.m. Thursday.

Coast Highway: A Laguna Hills man was arrested on suspicion of DUI in the 30000 block at 1:28 a.m. Friday.

Coast Highway: A La Palma man was arrested on suspicion of public intoxication in the 31000 block at 1:55 p.m. Monday.

Monterey Street: An Arizona man was arrested on suspicion of public intoxication after police responded to a report of a 10-person fight in the 31300 block at 12:33 a.m. Sunday.

Third Avenue: A Laguna Niguel man was arrested on suspicion of DUI at Coast Highway at 1:19 a.m. Friday.

Wildwood Road: Credit card fraud was reported in the 31000 block at 12:16 p.m. Wednesday.

Source

POLICE FILES

Area 2

Laguna Canyon Road: A deer was reported in the roadway at Sun Valley Drive at 4:59 a.m. Wednesday.

Laguna Canyon Road: A woman was reported injured with broken leg or foot at a school in the 20000 block at 12:24 p.m. Thursday.

Laguna Canyon Road: An iPod and gift cards were reported stolen Sept. 8 or 9 from a location in the 1000 block at 1:36 p.m. Wednesday.

Area 3

Beach Street: Six sweaters, valued at $1,700, were reported missing during an inventory at a shop in the 200 block at 3:04 p.m. Saturday.

Broadway: A homeless man was issued a citation for being drunk in public in the 200 block at 10:15 a.m. Friday.

Forest Avenue: A woman was reported to have walked out of a shop in new pink sandals, leaving her old sandals behind, in the 200 block at 10:03 a.m. Monday.

Glenneyre Street: A Dana Point woman was arrested on suspicion of DUI in the 800 block at 6:37 a.m. Thursday.

Glenneyre Street: Credit card fraud was reported in the 900 block at 6:06 p.m. Tuesday.

Goff Street: A backpack was reported stolen in the 500 block at 9:13 a.m. Wednesday.

Park Avenue: A $5,000, 10-speed bicycle, with red tires, was reported stolen at Catalina Street at 3:47 p.m. Monday.

South Coast Highway: A wallet was reported stolen in the 100 block at 7:45 p.m. Saturday.

Tahiti Avenue: A laptop computer was reported stolen in the 1500 block from an open house at 2:50 p.m. Saturday.

Continued...

POLICE FILES

Area 1

Beverly Street: A Mission Viejo woman was arrested on suspicion of DUI at North Coast Highway at 12:13 a.m. Sunday.

Cliff Drive: A Laguna Beach man was issued a citation for trying to provoke a fight in the 300 block at 8:48 a.m. Wednesday.

Cliff Drive: A Montclair man was issued a citation for drug possession at Marine Drive at 12:29 a.m. Saturday.

Cypress Drive: A Laguna Beach woman was arrested on suspicion of DUI at Aster Street at 12:11 a.m. Friday.

Monterey Drive: A Laguna Beach man was arrested on suspicion of DUI after a traffic stop at Aster Street at 6:31 p.m. Saturday.

North Coast Highway: A woman’s purse, containing a wallet, $600 cash and sunglasses, was reported stolen from a cafe in the 100 block at 7:57 a.m. Friday.

North Coast Highway: A man was issued a citation for indecent exposure and littering after being found naked in a car in a school parking lot in the 8000 block at 6:30 a.m. Friday.

North Coast Highway: A bicyclist was transported to Mission Hospital with injuries sustained in a fall in the 8000 block at 10:34 a.m. Saturday.

North Coast Highway: A Costa Mesa woman was arrested on suspicion of DUI in the 300 block at 12:15 a.m. Sunday.

Continued...

Probation extended for woman shot by off-duty officer

A woman who was shot along with her 8-year-old son by an off-duty San Diego police officer in Oceanside received a suspended sentence Friday and had her probation extended in a DUI case in Riverside County.

Rachel Silva admitted she violated probation with her involvedment in the March 15 incident in Oceanside, a Riverside County prosecutor said.

Silva, 28, had been placed three years probation for felony child endangerment and misdemeanor drunken driving after an arrest in Temecula in April, 2007.

Oceanside police have said Silva had a blood-alcohol level of 0.15 when she was shot by San Diego Police Officer Frank White. Investigators say Silva agressively tailed White, 28, and his wife into a Lowe's parking lot in Oceanside, and he fired five shots into her car after a confrontation.

Silva, who is scheduled to appear in San Diego court Monday, has pleaded not guilty in that case to felony child endangerment and five misdemeanors, including drunken driving. White has been charged with felony grossly negligent discharge of a firearm and misdemeanor exhibiting a firearm.

In Murrieta Friday, Silva's probation was extended until 2011, prosecutor Chris Peuvrelle said. She also received a suspended prison sentence of four years, which she won't have to serve unless she violates her probation.

“It's a fair resolution there,” said Silva's attorney, Michael Pancer. “I'm glad that she's being permitted to get her rehab done so that she can get her life back together.”

Source

Woman, 40, is sentenced in missile-sensors case

A woman who tried to smuggle weapons-grade sensors out of the United States and into China was sentenced yesterday to 12 months in prison.

Qing Li, 40, a Chinese national and legal permanent resident of the United States, pleaded guilty in June to buying and trying to export an accelerometer manufactured by the Endevco Corp. of San Juan Capistrano.

She is scheduled to surrender to authorities by Oct. 29.

Li, who is nine weeks pregnant, begged U.S. District Judge Jeffrey Miller for a sentence that did not include jail or prison time, so she could spend time with her husband and child.

“I regret it so much, what I have done,” she said.

Miller recommended that Li be transferred to a program that allows mothers to stay with their newborns while in custody. Whether she will be allowed to join such a program is up to prison officials. Because she is not a U.S. citizen, she might not be eligible, officials said.

Li admitted that she conspired to get the sensors into China, federal officials said. The devices, about the size of a credit card, can be used to measure the shocks from nuclear explosions and for developing artillery, missiles and smart bombs.

Li, who lived in Stamford, Conn., was taken into custody in October after being indicted by a federal grand jury in San Diego.

Woman shot by officer has probation extended

A woman who was shot along with her 8-year-old son by an off-duty San Diego police officer in Oceanside received a suspended sentence yesterday and had her probation extended in a DUI case in Riverside County.

Rachel Silva admitted that she violated probation with her involvement in the March 15 incident in Oceanside, a Riverside County prosecutor said.

Silva, 28, had been given three years' probation for felony child endangerment and misdemeanor drunken driving after an arrest in Temecula in April 2007.

Oceanside police have said Silva had a blood-alcohol level of 0.15 when she was shot by San Diego police Officer Frank White. Investigators say Silva aggressively tailed White, 28, and his wife into a Lowe's parking lot in Oceanside, and he fired five shots into her car after a confrontation.

Silva, who is scheduled to appear in San Diego court Monday, has pleaded not guilty in that case to felony child endangerment and five misdemeanors, including drunken driving. White has been charged with felony grossly negligent discharge of a firearm and misdemeanor exhibiting a firearm.

In Temecula yesterday, Silva's probation was extended until 2011, prosecutor Chris Peuvrelle said. She also received a suspended prison sentence of four years, which she won't have to serve unless she violates her probation.

“It's a fair resolution there,” said Silva's attorney, Michael Pancer. “I'm glad that she's being permitted to get her rehab done so that she can get her life back together.”

Man hit with skateboard, then is robbed of wallet

One man was beaten and robbed and another was arrested early yesterday after getting into an argument inside a gas station.

When officers arrived at the Arco station on University near La Mesa Boulevard at 2:30 a.m. they found the 45-year-old victim, who was bleeding from the head and face, La Mesa police said.

He told them he was knocked to the ground by a man who hit him on the head with a skateboard. The attacker then hit the victim several times in the face with his fist, went through the victim's pockets, stole his wallet and fled, the victim told police.

A second man also took part in the fight and punched the victim in the face, police said.

Police said a 21-year-old suspect was arrested a short time later on suspicion of assault with a deadly weapon and robbery; the victim declined to press charges against the second man.

Woman stabbed over use of Internet; man arrested

A 49-year-old woman was stabbed three times early yesterday in the Gaslamp Quarter in a fight that erupted over the use of the Internet, San Diego police said.

The woman and the 23-year-old man accused of attacking her live at the Dustin Arms Hotel on G Street near Fifth Avenue, where there is a computer that residents can share, police said.

The two began to argue around midnight and the man got a steak knife and stabbed the woman in the neck, chin and chest, police said. The suspect was arrested. The victim was taken to a hospital for treatment of wounds that were not considered life-threatening, police said.

Misdemeanor Battery Charge Filed Against WR Marshall

Broncos wide receiver Brandon Marshall is facing misdemeanor battery charge from an alleged incident six months ago in Atlanta.

The third-year receiver was arrested in March after his girlfriend told police that he allegedly hit her in the mouth and the eye. The charges were filed September 10 although there's no trial date yet.

The Broncos, fresh off a controversial 39-38 victory over San Diego last weekend, said they know of the charges. The NFL, too, said it is aware of the issue the first time it broke out.

Just last week, Marshall pleaded guilty to driving while ability-impaired, the reduced charge from his DUI arrest in October last year. He was ordered to serve probation for a year.

That prompted the NFL to initially slap a three-game ban for Marshall but the suspension was reduced to one game, which Marshall served in the Broncos' 41-14 opening day win over Oakland.

It is unclear whether the league would impose further sanctions on Marshall on the Atlanta battery charge.

Against the Chargers, Marshall caught 166 yards on 18 receptions with one touchdown for his first game of the 2008 season. Last year, he played in all 16 regular-season games and tallied 1,325 yards and seven TDs.

Source

Raising the bar

Proposed ordinance would require training alcohol servers, sellers to just say no

By Steven Mihailovich

Sting operations run by the state’s Alcoholic Beverage Control (ABC) department, which licenses businesses, showed that 21 percent of San Marcos bars and restaurants sold to underage drinkers, and 12 percent of adults bought alcohol for underage drinkers when asked.

Celeste Young, a NICPP prevention specialist who made the presentation before the commission, said responsible beverage sales and service training would lessen those problems by teaching servers how to detect false IDs and how to refuse service to aggressive or intoxicated drinkers.

Young argued that alcoholic beverage servers shouldn’t be treated any differently than hairdressers, manicurists and food handlers, who must be certified for health and safety reasons.

“If you get a bad haircut, it grows out,” Young said. “However, if you’re involved in a drunk-driving incident, the consequences are serious and long-term.”

Similar ordinances requiring certification training for alcohol servers were passed in Poway in 2002 and in Solana Beach in July.

In Poway, the number of local businesses mentioned in last-drink-before-arrest surveys fell from 61 to five in just one year following passage of the ordinance.

During the July meeting, the Student and Neighborhood Relations Commission directed staff to see whether a San Marcos ordinance was feasible. Lydia Romero, deputy city manager, said that the city attorney and code compliance department would have to weigh in and that input would be needed from stakeholders and the public before a decision could be reached.

The staff report is tentatively scheduled for the commission’s Oct. 13 meeting, Romero said, but she added that some other issues loom larger on the agenda.

“It’s not their No. 1 priority,” Romero said. “It’s hard to tell how fast this will move. But they are moving forward on it.”

ABC offers free responsible beverage sales and service certification training. Classes last three to four hours, said ABC spokesman John Carr. Last year, the department trained almost 18,000 alcohol servers in the state.

The owners and managers of three Restaurant Row businesses — San Marcos Brewery & Grill, Acapulco Mexican Restaurant y Cantina and 55 Yardline Sports Bar and Grill — said they already require ABC training and certification.

Jim Hadley, one of three partners in 55 Yardline, said the ordinance would put no additional burden on his business because he’s been sending his servers for training since the bar opened three years ago.

NICPP’s Young said those already voluntarily training their workers should be pushing for the ordinance to protect their reputations and the interests of an industry.

“They shouldn’t have any problem supporting the bill then,” Young said.

Source

Raising the bar

Proposed ordinance would require training alcohol servers, sellers to just say no

By Steven Mihailovich

An effort is under way to create a city ordinance requiring businesses in San Marcos that sell alcohol to have employees trained and certified in responsible beverage service.

The push is coming from the North Inland Community Prevention Program (NICPP), which is funded by the county. It made its case for such an ordinance before the city’s Student and Neighborhood Relations Commission in July.

Clark Kiser, NICPP director, said statistics show that some San Marcos establishments, particularly in Old California Restaurant Row, have become hot spots for excessive drinking.

That is particularly troublesome to Kiser because the city is home to Cal State San Marcos and Palomar College.

“We’re trying to encourage the city to look at that,” Kiser said. “We want them to look at some places that are having difficulties when transitioning from restaurant to nightclubs. The better trained they are, the more likely they won’t serve to excess.”

A 2007 survey taken in DUI programs run by the county’s Health and Human Service Agency identified several bars and restaurants in San Marcos as being the last place program participants had drinks before being arrested.

Between January and July of this year, 144 drivers were cited for DUI in San Marcos, and there were 46 alcohol-related collisions in the city, according to the San Diego County Sheriff’s Department.

Underage drinking would also be targeted by the ordinance.

According to a California Healthy Kids Survey done by the state Department of Education, 30 percent of ninth-graders and 46 percent of 11th-graders in San Marcos reported using alcohol in the previous month.

San Marcos has 54 retail outlets and 86 bars and restaurants licensed to sell alcohol.
(to be continued...)

This is a good proposition.

San Diego Criminal Attorney

In this article it is mentioned that the San Diego Criminal Attorney San Diego Criminal Defense is a firm for humans who have been accused of an abomination to be represented in a carefully arcane environment.

Source

Injury to Galloway of concern to Bucs

The foot injury sustained by Tampa Bay WR Joey Galloway is apparently serious. Galloway, who missed all of preseason with a groin strain, left Sunday's win against Atlanta in third quarter and did not return.

"Obviously, there's some concern," Coach Jon Gruden said. "But nothing is definitive at this point."

A hamstring strain to CB Aqib Talib is not expected to keep the rookie first-round pick out this week against Chicago.

Meanwhile, the two-game suspension levied by the league on TE Jeremy Stevens, stemming from his '07 DUI conviction, expired Sunday. Stevens figures to be activated off the reserve-suspended list this week, which means the Bucs will have to release a player to keep the roster at 53.


Ref will be graded down for call

Ed Hochuli's acknowledgment that he erred on a call late in Sunday's San Diego-Denver game will mean lower grades for one of the NFL's highest profile referees. "Officials are held accountable for their calls. They are graded on every play of every game," NFL spokesman Greg Aiello said. "Ed has been an outstanding official for many years, but he will be marked down for this call. Under our evaluation system, an official's grades impact his status for potentially working the playoffs and ultimately whether or not he is retained."


Falcons' Milloy arrested

Atlanta Falcons S Lawyer Milloy was arrested on DUI and speeding charges in suburban Atlanta early Monday, just hours after Atlanta lost to Tampa Bay. At his Monday news conference, Atlanta Coach Mike Smith would not offer details on any potential discipline Milloy could face.


Merriman fined for hit

San Diego Chargers LB Shawne Merriman was fined $7,500 for a hit on Carolina Panthers QB Jake Delhomme in his only game this season. Merriman was fined for unnecessarily striking Delhomme below the knees in a 26-24 Panthers win on Sept. 7. Merriman was scheduled to have surgery Monday on two torn ligaments in his left knee.

Source

Surgery repairs ligaments in Merriman's left knee

SAN DIEGO — Chargers linebacker Shawne Merriman had surgery to repair two torn ligaments in his left knee Monday.

The surgery on Merriman's posterior cruciate and lateral collateral ligaments went well and there was no further damage to his knee, according to a person with knowledge of the situation who spoke on condition of anonymity because the team hadn't released any information.

Also Monday, Merriman was fined $7,500 for unnecessarily striking Panthers quarterback Jake Delhomme below the knees during a 26-24 loss Sept. 7.

Merriman will miss the remainder of the season.

Titans staying with Collins

NASHVILLE, Tenn. — The Titans are sticking with Kerry Collins as their starting quarterback as long as the team keeps winning. Jeff Fisher said he didn't know the condition of Vince Young's sprained left knee and the coach didn't talk to the quarterback, whose mental attitude was a national topic of discussion over the past week.

Footnotes.

The Texans will resume practicing today with uncertainty about their future after Hurricane Ike seriously damaged Reliant Stadium in Houston. It's unclear if repairs can be made in time for the next home game Oct. 5.

• Devin Hester's status for Sunday's home opener against Tampa Bay remains unclear, but the Chicago Tribune reported the Bears kick returner should be recovered from the rib injury he suffered in Sunday's loss at Carolina.

• Browns defensive end Robaire Smith suffered a potentially season-ending injury to his left Achilles during Sunday night's loss to the Steelers.

• Falcons safety Lawyer Milloy posted a bond of more than $1,600 after his arrest on DUI and speeding charges in suburban Atlanta early Monday.

• Vikings receiver Sidney Rice has a sprained posterior cruciate ligament in his right knee and is "hopeful" he can play this weekend against Carolina.

• The Seahawks' Logan Payne is going on injured reserve because of a knee injury, while fellow receiver Seneca Wallace is out up to a month with a calf injury.

• Cowboys safety Roy Williams fractured his right forearm while making a special-teams tackle in Dallas' 41-37 victory over Philadelphia and could miss at least three games.

Source

(cont..) Seahawks Offense | Uncertainty clouds receiver spot

Trainers said it wasn't a complete tear of the muscle, but it is a strain serious enough that Wallace was on crutches Monday and in a walking boot. Coach Mike Holmgren said he expects Wallace to be out three to four weeks.

It was one of two injuries the Seahawks suffered at the position. Logan Payne, who started at split end, suffered a torn medial-collateral ligament (MCL) in his right knee. He will be placed on injured reserve and is out for the season.

Wallace, the team's backup quarterback the past three seasons, was going to play as both split end and flanker for the Seahawks against the 49ers.

"Maybe the correct thing to say is that I wasn't physically ready to be playing wide receiver," Wallace said. A tight hamstring limited him in practice on Wednesday, but there was nothing wrong with his calf before the game. "Maybe I added a little bit more pressure to myself because I wanted to perform and help the team out," Wallace said. Wallace's injury leaves the Seahawks with Charlie Frye as the backup quarterback. Brian Russell -- who played quarterback up until his junior season at San Diego State -- could be used in an emergency. Holmgren said he expects the team to add a quarterback this week, though that could be to the practice squad.

As far as receiver, the Seahawks will certainly add to the position. Jordan Kent, currently on the practice squad, is a candidate, and Koren Robinson remains someone who's both experienced with Seattle's offense and available. Holmgren was asked if the team might have to look at trading for a receiver and not sifting through the players who are unsigned.

"We need to consider it," Holmgren said. "Because you wind up looking at the same list all the time. Believe me, we'll explore every option we can because desperate times calls for desperate measures."

Source

Seahawks Offense | Uncertainty clouds receiver spot

Receiver Koren Robinson isn't back with the Seahawks. At least not yet. It appears he's getting closer, though.

By Danny O'Neil

At least not yet.

It appears he's getting closer, though, after injuries to wide receiver Logan Payne and backup quarterback Seneca Wallace resulted in an active dialogue between the team and its former first-round pick on Monday.

When reached by telephone on Monday night, Robinson said nothing had been agreed to yet. He was asked if anything would be agreed to.

"I'm not sure," he said.

Is it possible something could happen?

"It might," he said.

So a whole lot of uncertainty, which is kind of appropriate given the situation at wide receiver where the Seahawks have suffered a rash of injuries so severe that they finished Sunday's game with only three healthy receivers, two of whom had been on the active roster for less than a week.

The Seahawks have lost Payne, Nate Burleson and Ben Obomanu to season-ending injuries. Bobby Engram and Deion Branch are not expected back until October.

Robinson was the team's first-round draft pick in 2001. He played four seasons in Seattle, but in 2004 he was suspended for four games by the NFL for violating the league's substance-abuse policy and benched for a game by coach Mike Holmgren for breaking team rules. The Seahawks released him in 2005 after a DUI arrest, the first of Robinson's two arrests in the span of 18 months.

Robinson was asked in a telephone interview last week if he is sober.

"I'm living that lifestyle," he said.

Holmgren was asked Monday specifically about the possibility of Robinson returning, and he said the former Seahawk was included on the list of options the team would weigh at a personnel meeting on Monday afternoon.

"I should have some idea this afternoon how we're going to approach this thing," Holmgren said. "The value there is he's played here, he knows this system. He's played for us before."

Robinson was chosen No. 9 overall by Seattle in 2001, and his best season came in 2002 when he caught 78 passes for 1,240 yards, both career-highs.

After he was released by Seattle, he signed with Minnesota and made the Pro Bowl as a kick returner in 2005. He was released by Minnesota in 2006 after a DUI arrest after he was chased by police. Robinson was suspended for one year by the NFL. He played with the Packers last season, catching 21 passes.

Seahawks quarterback Matt Hasselbeck said he couldn't comment on the football side of Robinson's career, but he did talk about other progress his former teammate has made.

"What I care about more is that he grew up and really matured and got his life turned around in the right direction," Hasselbeck said, adding that he saw Robinson this offseason.

"He's married, has a child, has another one on the way, so I'm really happy for him," Hasselbeck said. "I'm proud of him."

The addition of Robinson would be one step toward regrouping at a position already so depleted the Seahawks had taken the step of moving Wallace from backup quarterback to wide receiver and then promptly lost him before he ever played in the game. Wallace injured his calf while warming up for Sunday's game.

"It felt like somebody shot me from out of the stands," Wallace said. "I got shot in the calf. I felt a big pop in my calf muscle."

(to be continued...)

Lawyer Milloy gets DUI charge

By Herald wire services

Week 1 starter Vince Young, who has dealt with significant off-the-field issues during the last week, is sidelined up to a month with a knee injury.

Chiefs coach Herm Edwards said he did not know whether Damon Huard (head) or No. 3 QB Tyler Thigpen will start at Atlanta on Sunday.

Receiver Steve Smith returned to the Panthers following his two-game suspension for breaking teammate Ken Lucas’ nose in a training camp fight.

The Texans will resume practicing today with uncertainty about their future after Hurricane Ike seriously damaged Reliant Stadium.

More Payne for Seattle

Seahawks wide receiver Logan Payne was placed on injured reserve with a torn knee ligament and Seneca Wallace is out up to a month with a calf injury.

Vikings receiver Sidney Rice (sprained posterior cruciate ligament) is hopeful he can play this weekend against Carolina.

Browns defensive end Robaire Smith sustained a potentially season-ending injury to his left Achilles Sunday against Pittsburgh.

Bears coach Lovie Smith offered no timetable for the return of special teams star Devin Hester (ribs).

Ex-Pat Lynch speaks

Safety John Lynch, released by the Patriots [team stats] before the season, said he hasn’t officially retired, but sounded prepared for the fact that he may have played his last game.

“The longer I’m obviously away from playing the more it’s looking like that may be it,” Lynch said at a fund-raiser in Greenwood Village, Colo. “If that’s the way I’m going I’m completely fine with it. I’ve had 15 wonderful years.”

Lynch said he is staying in shape and would be interested in the right situation, but he isn’t seeking it out.

Source

Lawyer Milloy gets DUI charge

By Herald wire services

Falcons safety Lawyer Milloy was arrested on DUI and speeding charges in suburban Atlanta early yesterday, just hours after his team lost to Tampa Bay.

“Any time any of our players are in this type of situation, we are extremely disappointed, myself and our organization,” coach Mike Smith said. “It’s something that is completely unacceptable.”

Gwinnett County police charged the 34-year-old Milloy with driving under the influence of alcohol and speeding in Flowery Branch. He was booked at 4:35 a.m. and posted a bond of more than $1,600 about five hours later.

Though Milloy spoke with Smith before the team meeting yesterday, he was not present in the locker room when reporters were allowed in from 12:35-1:20 p.m.

He did issue a one-sentence statement through his lawyer.

“I apologize to my family, my teammates, (Falcons owner) Mr. (Arthur) Blank, coach Smith, (general manager) Thomas Dimitroff and our great fans for the incident that occurred following Sunday’s game at Tampa Bay,” Milloy said.

Milloy played for the Patriots [team stats] from 1996-2002.

Ref takes hit

Ed Hochuli’s acknowledgement that he erred on a call late in Denver’s 39-38 win over San Diego on Sunday - he whistled dead an incomplete pass when replays showed a fumble - will mean lower grades for one of the NFL’s highest profile referees.

“Officials are held accountable for their calls. They are graded on every play of every game,” NFL spokesman Greg Aiello said. “Ed has been an outstanding official for many years, but he will be marked down for this call.”

Also, San Diego outside linebacker Shawne Merriman had season-ending surgery on two torn ligaments in his left knee in Miami.

Earlier in the day, Merriman was fined $7,500 for a hit on Panthers quarterback Jake Delhomme in his only game this season. . . .

Meanwhile, star Chargers RB LaDainian Tomlinson said he’d “be very surprised if I have to deal with this toe injury for another three weeks. Heck, I don’t think I’ll have to deal with it another couple weeks. So.” . . .

Redskins tight end Chris Cooley apologized for posting an explicit photo of himself studying his playbook in the nude on his Web site.

Collins keeping job

The Titans will stick with veteran Kerry Collins as their starting quarterback as long as they keep winning, coach Jeff Fisher said one day after the veteran led the team to a 24-7 win at Cincinnati.

Source

NFL Official 'Held Accountable' for Call Late in Broncos-Chargers Game

Ed Hochuli's acknowledgement that he erred on a call late in Sunday's San Diego-Denver game will mean lower grades for one of the NFL's highest profile referees.

"Officials are held accountable for their calls. They are graded on every play of every game," NFL spokesman Greg Aiello said yesterday. "Ed has been an outstanding official for many years, but he will be marked down for this call. Under our evaluation system, an official's grades impact his status for potentially working the playoffs and ultimately whether or not he is retained."

The play occurred with the Broncos at the Chargers 1-yard line in the final minute. As Denver QB Jay Cutler dropped back, the ball slipped out and bounced off the grass into the arms of San Diego LB Tim Dobbins.

Though replay showed it was a fumble, Hochuli ruled it an incomplete pass and Denver went on to score, convert a two-point conversion and win, 39-38.

"It's going to require a great deal of discussion," said Titans Coach Jeff Fisher, the co-chairman of the competition committee, which might review the play in the offseason. "When the whistle blows and the pass is ruled incomplete, there's just no way currently that you can award possession."

The Titans (2-0) are sticking with veteran Kerry Collins as their starting quarterback as long as the team keeps winning.

Fisher said he didn't know the condition of Vince Young's sprained left knee and didn't talk to the quarterback, whose mental attitude was a national topic of discussion over the past week.

Chargers LB Shawne Merriman, who is out for the season, had surgery to repair two torn ligaments in his left knee.

Separately, he also was fined $7,500 for a below-the-knees hit on Panthers QB Jake Delhomme on Sept. 7.

Falcons S Lawyer Milloy was arrested on DUI and speeding charges in Lawrenceville, Ga.Browns DE Robaire Smith sustained a potentially season-ending injury to his left Achilles' heel during a loss to the Steelers.

Source

Seahawks Offense | Uncertainty clouds receiver spot

Receiver Koren Robinson isn't back with the Seahawks. At least not yet. It appears he's getting closer, though.

By Danny O'Neil

At least not yet.

It appears he's getting closer, though, after injuries to wide receiver Logan Payne and backup quarterback Seneca Wallace resulted in an active dialogue between the team and its former first-round pick on Monday.

When reached by telephone on Monday night, Robinson said nothing had been agreed to yet. He was asked if anything would be agreed to.

"I'm not sure," he said.

Is it possible something could happen?

"It might," he said.

So a whole lot of uncertainty, which is kind of appropriate given the situation at wide receiver where the Seahawks have suffered a rash of injuries so severe that they finished Sunday's game with only three healthy receivers, two of whom had been on the active roster for less than a week.

The Seahawks have lost Payne, Nate Burleson and Ben Obomanu to season-ending injuries. Bobby Engram and Deion Branch are not expected back until October.

Robinson was the team's first-round draft pick in 2001. He played four seasons in Seattle, but in 2004 he was suspended for four games by the NFL for violating the league's substance-abuse policy and benched for a game by coach Mike Holmgren for breaking team rules. The Seahawks released him in 2005 after a DUI arrest, the first of Robinson's two arrests in the span of 18 months.

Robinson was asked in a telephone interview last week if he is sober.

"I'm living that lifestyle," he said.

Holmgren was asked Monday specifically about the possibility of Robinson returning, and he said the former Seahawk was included on the list of options the team would weigh at a personnel meeting on Monday afternoon.

"I should have some idea this afternoon how we're going to approach this thing," Holmgren said. "The value there is he's played here, he knows this system. He's played for us before."

Robinson was chosen No. 9 overall by Seattle in 2001, and his best season came in 2002 when he caught 78 passes for 1,240 yards, both career-highs.

After he was released by Seattle, he signed with Minnesota and made the Pro Bowl as a kick returner in 2005. He was released by Minnesota in 2006 after a DUI arrest after he was chased by police. Robinson was suspended for one year by the NFL. He played with the Packers last season, catching 21 passes.

Seahawks quarterback Matt Hasselbeck said he couldn't comment on the football side of Robinson's career, but he did talk about other progress his former teammate has made.

"What I care about more is that he grew up and really matured and got his life turned around in the right direction," Hasselbeck said, adding that he saw Robinson this offseason.

"He's married, has a child, has another one on the way, so I'm really happy for him," Hasselbeck said. "I'm proud of him."

The addition of Robinson would be one step toward regrouping at a position already so depleted the Seahawks had taken the step of moving Wallace from backup quarterback to wide receiver and then promptly lost him before he ever played in the game. Wallace injured his calf while warming up for Sunday's game.

"It felt like somebody shot me from out of the stands," Wallace said. "I got shot in the calf. I felt a big pop in my calf muscle."

(to be continued...)