Orange County Criminal Attorney Blog

An Orange County man, 31 year-old Stephenson Choi Kim, received a sentence of life in prison on April 30, 2012, for a 2004 shooting that killed one person and wounded four. Prosecutors had sought the death penalty but dropped it in 2011 after the jury deadlocked on the issue. Jurors had found that the murder was committed as part of a "criminal street gang," a special circumstance alleged by prosecutors.

Prosecutors claimed that, on March 14, 2004, Kim and six other gang members were driving around Orange County in several cars, armed and looking for rival gangs. They stopped at the Fifth Wave Cafe in Cypress. Two of Kim's companions went inside, where they reportedly approached a table of seven people and asked if any of them belonged to a gang. One person told them that he used to belong to a gang, but not anymore. The two left the restaurant and told Kim what happened. Prosecutors said that Kim then entered the restaurant and fired repeatedly at the group with a .45-caliber semiautomatic pistol. He shot 22 year-old Venus Hyun, whom prosecutors described as an "innocent bystander," in the back. He shot at six other people, hitting four of them, before exiting through the restaurant's back door. Another gang member had allegedly pulled a car around to the back of the restaurant to wait for Kim. Hyun died at the hospital, and the other four survived.

Continue reading "Man Gets Life Sentence for 2004 Orange County Murder" »

A panel of the Ninth Circuit Court of Appeals in San Francisco last week threw out the death sentence imposed against Richard L. Phillips, formerly of Orange County. This is the second time Phillips has had a death sentence vacated. He is one of California's longest-serving inmates on death row, having originally received his first death sentence in 1980.

Phillips was convicted of the 1977 murder of Bruce Bartulis, and the attempted murder of Ronald Rose, in 1980. He was sentenced to death for Bartulis' murder. The evidence presented at trial showed that Phillips had offered to include the victims in a drug deal in which each of them would get $25,000. At a meeting in Madera County, Phillips shot both of them, took their wallets, doused their car in gasoline, and lit it on fire. Rose survived, but was wounded and badly burned. Prosecutors based their case on the testimony of Rose and Phillips' ex-girlfriend, Susan Colman. Because of the murder conviction and a special circumstance alleged by the prosecution that the murder was in furtherance of a robbery, Phillips received the death penalty.

The California Supreme Court threw out his death sentence in 1985 while upholding the convictions, based on evidentiary problems at trial. They remanded the case for a new penalty phase trial. Phillips' lawyer had claimed he did not know about statements made by Colman that indicated there had been a "shoot-out" between Phillips and the victims, but the judge had denied any relief. At the next penalty trial in 1991, he again received the death penalty.

Phillips filed a petition for habeas corpus in 1992, claiming that the prosecution failed to disclose material information about a plea deal offered to Colman in a different criminal matter in exchange for cooperation in his case. A federal court had denied a similar petition while he was awaiting his second penalty trial. Phillips' 1992 petition also alleged ineffective assistance of counsel and other claims. The district court denied all of Phillips' claims as to the guilt-phase of his case, holding that none of the violations by the prosecution had prejudiced him.

The Ninth Circuit reviewed the prosecution's conduct in withholding information about Colman's plea offer. The district judge had previously ruled that it did not prejudice Phillips in either his convictions or in the special circumstance. The Ninth Circuit panel concluded that Colman had received substantial benefits from prosecutors in exchange for her testimony against Phillips, and that the prosecution had not disclosed this to Phillips. Furthermore, the prosecution misrepresented this to the jury and allowed Colman to testify falsely that she had received no benefit in exchange for her testimony.

Continue reading "Ninth Circuit Vacates Orange County Man's Death Sentence" »

Police arrested a man they suspect of killing four homeless men in Orange County on Friday, January 13 in Anaheim. Itzcoatl Ocampo, a 23 year-old former Marine, faces possible capital murder charges in connection with the killings. The case also includes an unusual implication of the news media, based on allegations that the fourth victim came to Ocampo's attention because of an interview the man gave to the Los Angeles Times. Ocampo's arraignment is currently scheduled for February 17.

Four homeless men have been stabbed to death in northern Orange County since the middle of December 2011. James McGillivray was stabbed to death at a shopping center in Placentia on December 20, followed by Jimmy Middaugh in Anaheim on December 27 and Dutch Smit in Yorba Linda on December 30. The fourth victim, John Berry, was killed on January 13 in Anaheim. All of the men had multiple stab wounds. Ocampo reportedly told police after his arrest that he spent several hours looking for Berry after the Los Angeles Times ran a story about the first three killings. The reporter included a quote from Berry saying he thought the killer was stalking him.

Multiple witnesses called 911 on the evening of January 13 to report Berry's murder in a Carl's, Jr. parking lot in Anaheim. Several bystanders chased Ocampo on foot until he ran into a perimeter set up by police responding to the emergency calls, and he was arrested. The Association of Orange County Deputy Sheriffs had offered a $5,000 reward for information leading to the alleged serial killer's arrest. On January 25, the union president presented the reward to Donny Hopkins, who reportedly chased Ocampo into the police perimeter.

According to Ocampo's father, Refugio Ocampo, Itzcoatl Ocampo served in the U.S. Marines from 2006 until his discharge in 2010. He served at least one tour in Iraq during that time. His father described him as "disillusioned" when he came home, and said his mood grew "even darker" when he lost his job and his home. His father is also homeless, having lost his job as a warehouse manager. Ocampo is reportedly now on a "psychological watch" in county jail, where he is being held without bond.

Continue reading "Accused Orange County Homeless Killer Arrested, Charged with Murder" »

A senior federal judge and a professor of law have conducted a study regarding the cost of the death penalty. By reviewing all expenditures, state and federal, U.S. 9th Circuit Court Judge Alarcon and Professor Mitchell have concluded more than $4 billion has been spent since 1978 on capital punishment prosecutions in the State of California. This is more than $150 million a year. In addition, the study forecasts a death row population of 1000 by 2030.

In their report, "Executing the Will of the Voters: A Roadmap to Mend or End the California Legislature's Multi-Billion Dollar Death Penalty Debacle", the authors set forth a number of options to cure the problem. Each of the options has a financial price tag.

The first option is to continue on with the present system. This will cost an extra $85 million per year.

The second option would be to reduce the number of death penalty eligible offenses. This could save taxpayers over $50 million a year.

The final option is the complete abolition of the death penalty in California. This final option could save $200 million per year.

Although there are over 700 inmates on death row, only 13 have been executed since 1978. The delay between conviction and execution is now over 20 years. The death penalty is a sensitive topic in California. There are some individuals who, because of the heinous nature of their crimes, deserve the death penalty. Everyone knows who these types of criminals are. However, is it worth the cost to expand the number of special circumstances to 39 in order to widen the net being cast? Do we really need the death penalty for gang-on-gang shootings?

The problem with the death penalty is it no longer serves the function for which it was designed. How does anyone fear the death penalty when only 13 have been executed in 33 years? The average person in this state probably isn't even aware of all the crimes which are eligible for the death penalty.

A person on death row also has a few things which a person serving life without the possibility of parole (LWOP) does not. For one, he/she has his/her own cell. In many ways, death row is more comfortable than general population.

The big problem for many people is the belief that without the death penalty, these people would be back on the streets in 7 years. This is patently untrue. Life without parole means life without parole. Finally, the cost must be taken into consideration. This state is constantly in dire financial straits. Wouldn't this money be better spent on schools or roads?

The real problem with the death penalty issue is it is not going to change. Coupled with the above problems is the fact that we have a dysfunctional government in California. Also, no one wants to appear to be soft on crime. Hopefully, this report will begin a dialog. It is a small step in the right direction.