criminal cases Archives - Mark Anthony Raimondo; PC

Man accused of kidnapping child he met on Roblox speaks out from jail

Raimondo — Thu, 01 May 2025 21:16:33 +0000

https://www.nbcnews.com/now/video/man-accused-of-kidnapping-child-he-met-on-roblox-speaks-out-from-jail-238217797715

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‘There was no intent to kill’: Attempted murder charge dismissed in Shafter fight

Raimondo — Wed, 03 Jul 2024 19:26:25 +0000

BAKERSFIELD, Calif. (KGET) — A Shafter man accused of choking a co-worker unconscious has been released from custody and faces hundreds of hours of community service after pleading no contest to two felonies. A charge of attempted murder was dismissed.

District Attorney’s Office spokeswoman Daniela Gonzaga said the court indicated Clayton Unruh will be sentenced to 360 hours of community service after pleading no contest to felony counts of assault and making criminal threats. A sentencing hearing is scheduled in August.

Unruh’s attorney, Mark Anthony Raimondo, said the charges stemmed from a fight in which choking “may have occurred in the heat of battle.”

“There was no intent to kill,” Raimondo said. “One guy got the better of another guy during a fight.”

The incident happened the afternoon of June 10 in McKittrick.

According to a probable cause declaration, Unruh grabbed the co-worker by the throat and squeezed, telling him, “I’m going to kill you, I know where you live.”

The co-worker told investigators he blacked out and woke up on the ground.

Unruh, who has no prior criminal record, told his boss what happened then went home and waited for police to arrive, Raimondo said. The attorney said the other man, when filling out a restraining order days later, claimed to have no injuries from the altercation.

This is a follow up of the story: https://www.raimondolaw.com/im-going-to-kill-you-man-accused-of-choking-co-worker/

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‘I’m going to kill you’: Man accused of choking co-worker

Raimondo — Thu, 20 Jun 2024 19:28:11 +0000

BAKERSFIELD, Calif. (KGET) — A 37-year-old Shafter man is accused of threatening to kill a co-worker then choking him unconscious, according to a court filing.

Clayton Dean Unruh pleaded not guilty Tuesday to charges of attempted murder, assault on a person with force likely to produce great bodily injury and making criminal threats. He remains in custody on $550,000 bail, according to sheriff’s inmate records.

The alleged assault happened the afternoon of June 10 while Unruh and the co-worker were in McKittrick. The co-worker was seated in a semi-truck when Unruh — listed at 6 feet, 260 pounds — opened the door.

According to a probable cause declaration, Unruh grabbed the co-worker by the throat and squeezed, telling him, “I’m going to kill you, I know where you live.”

“(The co-worker) sustained redness and marks on his neck as well as redness inside of his eyelids, consistent with being strangled,” an investigator wrote in the declaration.

Unruh was booked into jail June 14, according to inmate records. He’s due back in court June 28.

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Mark Anthony Raimondo gives legal thoughts

Raimondo — Wed, 24 May 2023 18:43:47 +0000

BAKERSFIELD, Calif. (KGET) — Days after jurors found Jacqueline and Trezell West guilty five of the seven charges in the disappearance of their adopted sons Orrin and Orson West, questions remain in the case, including where are the boys’ bodies?

“These could have been my girls. We love these kids, those two little boys are our boys,” family friend Aracely Patino said. “They are Bakersfield’s boys, and I just don’t want any parents to go through what the biological parents are going through.”

Though the Wests were found guilty of murdering 4-year-old Orrin, jurors failed to reach verdicts on murder and conspiracy in connection with 3-year-old Orson’s disappearance and alleged death.

Criminal Defense Attorney Mark Raimondo said it is now up to District Attorney Cynthia Zimmer if she wants to pursue a retrial.

“I think the District Attorney’s going to take in great consideration the family’s feelings in addition to what is the cost benefit analysis of that is. I mean they’re going to get mandatory life sentences already,” he said. “Personally I’d be surprised if they do go forward given the multiple life sentences each of the defendants face.”

Raimondo said that as the family processes the verdict, a retrial could force them to relive the emotions of the trial all over again.

“A trial is very trying on the families as well and emotionally draining on the families as well so they may all want some closure. I wouldn’t be surprised if the family does seek some closure once the sentence is imposed,” Raimondo said.

Another option could be the Wests negotiating their sentences by confessing where Orrin and Orson are, if they know where the boys are. Raimondo said a confession seems unlikely at this point.

“Could they negotiate in a way for show us where the bodies are? Perhaps. But I think that ship has already sailed,” Raimondo said.

Sentencing for Jacqueline and Trezell West is scheduled for July 13.

Full Story Here: https://www.kget.com/missing-cal-city-boys/even-after-guilty-verdicts-questions-remain-in-missing-west-boys-case/

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Mr. Raimondo sought to provide context

Raimondo — Fri, 19 May 2023 18:34:19 +0000

BAKERSFIELD, Calif. (KBAK/KBFX) — UPDATED: 5/19/23 at 6:25PM

Judge Brehmer said the jury reached a verdict yesterday afternoon right around 4:40. Friday they announced their verdict to a packed courtroom.

Friday, a Kern County jury making a historic decision-finding Trezell and Jacqueline West guilty of five out of seven counts in connection to the deaths of their adoptive children 3-year-old Orson Wear and 4-year-old Orrin West.

Trezell and Jacqueline West were found guilty of five out of seven counts. The counts they were found guilty of were:

Count one-Second degree murder
Count two-Involuntary manslaughter
Count three-Willful cruelty to child
Count six-Willful cruelty to child
Count seven-False report of emergency to law enforcement
Count four-Conspire to commit a crime
Count five-Second degree murder

Counts one through three were related to Orrin and counts four through six were related to Orson. Count seven was concerning both boys. The jury voted eight votes guilty to four votes not guilty for count four and ten votes guilty and two votes not guilty for count five.

“The district attorney will decide what to do with those counts at the next hearing,” local Criminal Defense Mark Anthony Raimondo said. Raimondo was not involved in the case. “It would be unlikely they would probably go forward given they’ll get multiple life sentences for the charges that they were convicted of today,” Raimondo said.

Raimondo was in the courtroom when the verdicts were read.

“The second-degree murder carried a life sentence,” Raimondo said. “The willful cruelty to a child resulting in death also carried a life sentence,” Raimondo said. “It will be I believe most likely consecutive life sentences. So, those charges are much less serious, given the exposure on the other two counts they were found guilty of” Raimondo said.

Since the case is still under a gag order the DA’s office and attorneys for the Wests cannot comment.

The West’s sentencing will be July 13th at 8:30 AM. Prosecuting attorney Eric Smith requested counts 4 and 5 to be tried at the sentencing. There is no bail pending.

——–A Kern County jury has found Trezell and Jacqueline West guilty of 5 of the 7 counts they were charged with Friday morning in regards to Orrin and Orson West.

The jury did not find a verdict for two counts, second-degree murder and conspire to commit a crime. Those counts are in regard to 3-year-old Orson West.

The Wests reported the toddlers missing nearly two and a half years ago. On the night of December 21, 2020, the family was living at their home in California City at the time of the disappearance. They allege the boys were last seen playing in their backyard.

Lawsuit between bio father of Orrin and Orson West and Kern County.PNG

The Wests were each facing a total of seven charges including:

2 counts of Murder: Second Degree
Involuntary manslaughter
2 counts of willful cruelty to child
Conspire to commit a crime
False report of emergency

Jurors found Trezell guilty of:

Second-Degree Murder
Involuntary Manslaughter
2 counts of Willful Cruelty to child
False report of emergency

Jurors did not find a verdict of Trezell in:

Second-Degree Murder
Conspire to commit a crime

Jurors found Jacqueline guilty of:

Second-Degree Murder
Involuntary Manslaughter
2 counts of Willful Cruelty to child
False report of emergency

Jurors did not find a verdict of Jacqueline in:

Second-Degree Murder
Conspire to commit a crime

Full Story Here: https://bakersfieldnow.com/news/local/verdict-reached-for-5-counts-in-trezell-and-jacqueline-west-murder-trial-kern-county-bakersfield-california-city-orrin-and-orson-verdict-reached-homicide

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Q&A: How does the grand jury process work?

Raimondo — Wed, 16 Mar 2022 20:06:25 +0000

Kern County District Attorney Cynthia Zimmer announced Wednesday that a grand jury returned an indictment against Trezell and Jacqueline West, the adoptive parents of Orrin and Orson West, in their deaths. Here are answers to questions you might have about that process.

Question: What is a grand jury?

Answer: A grand jury is a group of 19 community members tasked with holding public offices and officers accountable. A person must apply and meet qualifications to be considered eligible. The jury is independent and its members are sworn to secrecy when related to complaints, witnesses or the content of investigative matters. Furthermore, these people can be convened for a criminal trial, according to the county of Kern’s website.

Question: Why would a grand jury be called upon in a criminal matter?

Answer: Local private defense attorney Mark Anthony Raimondo said the district attorney may call upon a grand jury if a matter is complex. For example, a suspect could be considered a flight risk. Or, a person must be protected when trying a serious gang case.

“There’s much more freedom for the DA to bring what they want … (and) to present their information in secret, not to disrupt the investigation itself,” Raimondo said.

Zimmer said her office sought an indictment because these hearings can be conducted over a longer time frame. A preliminary hearing may finish in a short period of time.

Kern County Public Defender Peter Kang said complicated factual issues or to temporarily protect the identity of reluctant witnesses could be a reason to use a grand jury.

The case against Armando Cruz, an Inglewood man who is alleged to have raped and killed 13-year-old Patricia Alatorre of Bakersfield, is a recent example of the district attorney’s office securing an indictment.

Question: Who benefits from an indictment: the prosecution or the defense?

Answer: Raimondo said prosecutors receive a head start when arguing a case after securing an indictment. However, the lawyer reveals their entire case and arguments to the defense. In a complaint, the prosecutor could put limited information regarding their evidence, he said.

Local private attorney Gabriel Godinez said that on the flip side, defense attorneys have limited time to prepare for trial. They must comb through mounds of evidence.

Question: How can a murder case be brought when the body of the victim has not been recovered?

Answer: Zimmer said the bodies of the West brothers have not been recovered. However, prosecution can continue, she said, and in fact, convictions have been secured in other such cases.

Question: Who does the burden of proof fall upon?

Answer: Raimondo said prosecutors must prove every element beyond a reasonable doubt a person has died. In adult cases, speculation can run rampant because this individual has the means to travel. With children, that may not exist.

“So it’s a tough hurdle to overcome — but every homicide there are tough homicide cases to overcome,” Raimondo said.

Kang said a body of a victim is one of the most critical pieces of evidence in any murder case. Without a body, the prosecutor has to solidly connect circumstantial evidence and develop motive. Without a body, it’s very hard to prove if death was intentional, accidental, or in the heat of passion.

A person is not presumed dead until seven years pass, Kang added. Therefore, prosecutors might wait to file charges, which could result in key witnesses losing their memory, moving or dying. Key evidence could be lost as well, he added.

However, Raimondo said defense attorneys must conduct a large investigation to pinpoint a missing person’s whereabouts. If these attorneys prove a person still lives, they may win their whole case.

If a body is missing, it could be proof of a death. However, without a body, there is doubt a person is not dead, he added.

It’s a “paradox,” Raimondo said.

Original Story: https://www.bakersfield.com/news/q-a-how-does-the-grand-jury-process-work/article_cf59639e-9a92-11ec-aac0-530845549ec6.html

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Woman caught on camera kicking dog, lawyer says could face charges

Raimondo — Wed, 23 Feb 2022 21:09:20 +0000

BAKERSFIELD, Calif. (KBAK/KBFX) — Security camera video posted on Facebook Friday has caused an uproar in Bakersfield. The video came from Rina Graciliano’s Ring camera.

“The video was taken from my driveway camera and as soon as I saw the notification of some movement on my front yard, I immediately opened it and then I saw the lady kicking her dog,” Graciliano, said.

She tried confronting her neighbor, “I ran out there and tried to talk to her, ask her why she was kicking her dog, but she didn’t speak English, there was a language barrier.”

Sunday afternoon, dog owners protested in front of the woman’s house.

Mark Anthony Raimondo, a criminal defense attorney says one part of the video stands out in particular, “She’s trying to teach the dog something, using the old school style, a little bit of discipline. He’s a small dog, so I don’t know why she’s kicking the dog, it seems kind of odd. But right here, when she kicks it right here, right in the face, I mean that’s a little too much, no matter what county you live in.”

Raimondo said the woman could be looking at a misdemeanor charge, “In the real-life terms, depending upon her record, things like that, she most likely gets some type of classes, maybe a fine, maybe a minor criminal record that could be expunged later. This is not the type of case anyone would go to jail on.”

Graciliano tells Eyewitness News animal control cited the woman but did not take the dog away because it had no visible injuries.

“Has she put the dog in some kind of danger? Unwarranted, unnecessary danger for its own safety? Kicking anything in the face, you know, could be pretty bad, there’s no other legal reason to do it, there was no self-defense there, or trying to protect somebody else from the dog,” Raimondo said it could be a good case for the district attorney to send a message to everybody to control their temper when controlling their pet.

FULL STORY AND VIDEO HERE

OR HERE

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