assault

Published on: July 9, 2012

Man Sentenced to Six More Months for Smiling at Judge

Boyd Twin, a resident of South Dakota, was arrested and charged for assault with a dangerous weapon. The victim of the assault was his companion, also the mother of his children. The crime took place in front of the children, all of whom were under the age of nine years old. Twin told his companion to “choose which child he should kill first.” The children later needed counseling.

Twin pled guilty to the crime of assault with a dangerous weapon. At his sentencing hearing, Judge Charles Kornmann sentenced Twin to 78 months in prison, plus three years’ supervised release. Then Twin smiled.

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Published on: July 5, 2012

Man Faces Life in Prison for Running into Patrol Car

by Staycie R. Sena

You have two prior strike felony convictions. That means that any felony you’re convicted of in the future, risks a prison sentence of 25 to life. You’re driving down a road in Santa Ana and you see a police officer’s patrol car stopped at a red light. What do you do? Slow way down? Take a quick right? Prosecutors say David Araujo Reyes of Santa Ana inexplicably gunned the car and ran right into it, injuring the officer inside. He then got out and surrendered.

Aggravated assault, or assault with a deadly weapon, is a type of assault that can cause great injury to another person. These kinds of criminal offenses are known in Orange County as “wobblers.” A prosecutor can file an assault or aggravated assault charge as either a misdemeanor or a felony, depending on the circumstances of the crime.

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Published on: June 26, 2012

Can you throw the first punch and be found not guilty of assault?

by Staycie R. Sena

Mark Vasquez was leaving an Orange County nightclub at 2am and made an insulting remark to his friends about a Marine who was also leaving. The Marine, Alex Martinez, took offense, and confronted Vasquez. That’s when the criminal violence began.

Martinez started bouncing around like a boxer, and Vasquez felt threatened. Vasquez threw the first punches and knocked out Martinez. Because Martinez was drinking heavily that night, his blood alcohol content (BAC) was 0.29. As Martinez fell, he banged his head badly, and was hospitalized in critical condition. Fortunately, Martinez has recovered since this incident and is back on active duty.

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Published on: June 19, 2012

Police Chief’s Wife Goes Wild!

by Staycie R. Sena

In a recent story from the Orange County Register, the wife of Oceanside police chief Frank McCoy suffered a fit of depression in 2010 that stemmed from a domestic argument between her and her 17-year old son. Outraged that Mr. McCoy took the side of the son during the dispute, wife Brinda McCoy, 49, took the law into her own hands. She grabbed a gun and initiated a fierce standoff with police officers outside their Cypress home in Orange County, at one point firing several shots in the direction of officers before coming out her front door saying, “f——– shoot me,” disobeying officer’s orders for her to show her hands. She was quickly subdued by the SWAT team and arrested.

During the criminal trial, prosecutors contend that McCoy ignored the law by waving and pointing her husband’s service semiautomatic handgun at them and firing twice. McCoy denied seeing officers, or shooting at them. On June 18, 2012, Brinda McCoy was convicted of five counts of assault on police officers. Although she walked out of the courthouse on bail and in tears, she is lucky to be alive. Pointing or firing a handgun at police officers will result in police firing back with intent to kill. Similarly, disobeying police orders to show her hands increases tension in officers already on edge, knowing she was in possession of a weapon that she had already fired twice.

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Published on: May 7, 2010

What do I do if I’m served with a restraining order?

by Staycie R. Sena

It’s 9:45 am and your phone rings. The caller ID says that it’s your ex-girlfriend and you smile, hoping that she’s had a chance to think about it, she misses you and is calling to suggest you get together to talk about it. Instead she says “this is formal notice that I’m seeking a temporary restraining order in Orange County today at 1:30”. With that, she hangs up. You show up at court and realize that not only is she seeking a court order to prevent you from contacting her for 3 years, she’s asking for full control over the home you share together and attorneys fees.

Sheriff deputies show up at your door, confirm your identity and hand you a restraining order, telling you that you need to stay at least 300 yards away from Joe Schmoe, the jerk who works down the office hallway, who you’ve been waiting for the boss to fire. What does this mean? Can you legally even show up at work?

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