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	<title>Mark Anthony Raimondo; PC</title>
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	<link>https://www.raimondolaw.com/</link>
	<description>Criminal Defense Attorney in Bakersfield CA</description>
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	<title>Mark Anthony Raimondo; PC</title>
	<link>https://www.raimondolaw.com/</link>
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	<item>
		<title>Man accused of kidnapping child he met on Roblox speaks out from jail</title>
		<link>https://www.raimondolaw.com/man-accused-of-kidnapping-child-he-met-on-roblox-speaks-out-from-jail/</link>
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		<dc:creator><![CDATA[Raimondo]]></dc:creator>
		<pubDate>Thu, 01 May 2025 21:16:33 +0000</pubDate>
				<category><![CDATA[criminal cases]]></category>
		<category><![CDATA[Mark in the news]]></category>
		<guid isPermaLink="false">https://www.raimondolaw.com/?p=3757</guid>

					<description><![CDATA[<p>https://www.nbcnews.com/now/video/man-accused-of-kidnapping-child-he-met-on-roblox-speaks-out-from-jail-238217797715</p>
<p>The post <a href="https://www.raimondolaw.com/man-accused-of-kidnapping-child-he-met-on-roblox-speaks-out-from-jail/">Man accused of kidnapping child he met on Roblox speaks out from jail</a> appeared first on <a href="https://www.raimondolaw.com">Mark Anthony Raimondo; PC</a>.</p>
]]></description>
										<content:encoded><![CDATA[
<p><a href="https://www.facebook.com/sharer/sharer.php?u=https://www.nbcnews.com/now/video/man-accused-of-kidnapping-child-he-met-on-roblox-speaks-out-from-jail-238217797715&amp;cid=[object%20Object]_facebook" target="_blank" rel="noreferrer noopener"></a></p>



<iframe loading='lazy' width='560' height='315' src='https://www.nbcnews.com/news/embedded-video/mmvo238217797715' scrolling='no' frameborder='0' allowfullscreen></iframe>



<p><a href="https://www.nbcnews.com/now/video/man-accused-of-kidnapping-child-he-met-on-roblox-speaks-out-from-jail-238217797715">https://www.nbcnews.com/now/video/man-accused-of-kidnapping-child-he-met-on-roblox-speaks-out-from-jail-238217797715</a></p>
<p>The post <a href="https://www.raimondolaw.com/man-accused-of-kidnapping-child-he-met-on-roblox-speaks-out-from-jail/">Man accused of kidnapping child he met on Roblox speaks out from jail</a> appeared first on <a href="https://www.raimondolaw.com">Mark Anthony Raimondo; PC</a>.</p>
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		<title>Kern County DA to decide on charges in alleged Arvin dog abuse case</title>
		<link>https://www.raimondolaw.com/kern-county-da-to-decide-on-charges-in-alleged-arvin-dog-abuse-case/</link>
					<comments>https://www.raimondolaw.com/kern-county-da-to-decide-on-charges-in-alleged-arvin-dog-abuse-case/#respond</comments>
		
		<dc:creator><![CDATA[Raimondo]]></dc:creator>
		<pubDate>Fri, 10 Jan 2025 04:30:35 +0000</pubDate>
				<category><![CDATA[Mark in the news]]></category>
		<guid isPermaLink="false">https://www.raimondolaw.com/?p=3739</guid>

					<description><![CDATA[<p>It’s been nearly two weeks since the&#160;video of a dog in Arvin allegedly being sexually abused has gone viral. The community is awaiting justice. The incident happened on December 4th and was caught on home video surveillance. On Monday, Arvin Police told Eyewitness News they’d completed their investigation and submitted a formal complaint to the [&#8230;]</p>
<p>The post <a href="https://www.raimondolaw.com/kern-county-da-to-decide-on-charges-in-alleged-arvin-dog-abuse-case/">Kern County DA to decide on charges in alleged Arvin dog abuse case</a> appeared first on <a href="https://www.raimondolaw.com">Mark Anthony Raimondo; PC</a>.</p>
]]></description>
										<content:encoded><![CDATA[
<p>It’s been nearly two weeks since the&nbsp;<a href="https://bakersfieldnow.com/news/local/arvin-demands-action-after-disturbing-dog-assault-case-prompts-police-investigation#" target="_blank" rel="noreferrer noopener">video of a dog in Arvin allegedly being sexually abused has gone viral</a>. The community is awaiting justice.</p>



<p>The incident happened on December 4th and was caught on home video surveillance.</p>



<p>On Monday, Arvin Police told Eyewitness News they’d completed their investigation and submitted a formal complaint to the Kern County District Attorney’s office on December 12th.<br><br><strong>RELATED:&nbsp;<a href="https://bakersfieldnow.com/news/local/arvin-demands-action-after-disturbing-dog-assault-case-prompts-police-investigation#" target="_blank" rel="noreferrer noopener">Arvin demands action after disturbing dog assault case prompts police investigation</a></strong></p>



<p>Eyewitness News followed up with the DA’s office on Tuesday about the case being processed, and they said a charging decision would be made soon.</p>



<p>The Arvin community has been pushing for an arrest, but what would justice look like after that?</p>



<p>Here in California, Penal Code 286.5 (a) states “Every person who has sexual contact with an animal is guilty of a misdemeanor.&#8221;</p>



<p>Bakersfield Attorney Mark Anthony Raimondo explained the potential punishments the suspect might face if charges are filed by the District Attorney&#8217;s Office.</p>



<blockquote class="wp-block-quote is-layout-flow wp-block-quote-is-layout-flow">
<p>A variety of things could occur. The maximum punishment in any misdemeanor would be one year in the county jail, although serving any jail time on something like that would be pretty unlikely.</p>
</blockquote>



<p>Bakersfield Attorney Mark Anothy Raimondo says the alleged suspect could still face some repercussions.</p>



<p>“It’s really likely somebody would get some counseling for that. I think the concern for most misdemeanors would be kind of an educational thing to teach the person a lesson as well as helping them deal with the issues that caused that to happen in the first place.”</p>



<p>Legal experts say proving sexual abuse against an animal is much more difficult than proving general abuse and they both have the same level of punishment.</p>



<p><a href="https://bakersfieldnow.com/news/local/kern-county-da-to-decide-on-charges-in-alleged-arvin-dog-abuse-case">https://bakersfieldnow.com/news/local/kern-county-da-to-decide-on-charges-in-alleged-arvin-dog-abuse-case</a></p>
<p>The post <a href="https://www.raimondolaw.com/kern-county-da-to-decide-on-charges-in-alleged-arvin-dog-abuse-case/">Kern County DA to decide on charges in alleged Arvin dog abuse case</a> appeared first on <a href="https://www.raimondolaw.com">Mark Anthony Raimondo; PC</a>.</p>
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		<title>Retired CDCR sgt facing DUI, hit-and-run charges</title>
		<link>https://www.raimondolaw.com/retired-cdcr-sgt-facing-dui-hit-and-run-charges/</link>
					<comments>https://www.raimondolaw.com/retired-cdcr-sgt-facing-dui-hit-and-run-charges/#respond</comments>
		
		<dc:creator><![CDATA[Raimondo]]></dc:creator>
		<pubDate>Sat, 04 Jan 2025 04:34:51 +0000</pubDate>
				<category><![CDATA[Mark in the news]]></category>
		<guid isPermaLink="false">https://www.raimondolaw.com/?p=3742</guid>

					<description><![CDATA[<p>BAKERSFIELD, Calif. (KGET) — A retired sergeant with the California Department of Corrections and Rehabilitation is facing felony charges after a crash in which he’s accused of leaving the scene and driving with a blood-alcohol content three times the legal limit. Bail for Arnulfo Ryan Valverde was reduced Thursday from $700,000 to $45,000 on conditions [&#8230;]</p>
<p>The post <a href="https://www.raimondolaw.com/retired-cdcr-sgt-facing-dui-hit-and-run-charges/">Retired CDCR sgt facing DUI, hit-and-run charges</a> appeared first on <a href="https://www.raimondolaw.com">Mark Anthony Raimondo; PC</a>.</p>
]]></description>
										<content:encoded><![CDATA[
<p>BAKERSFIELD, Calif. (KGET) — A retired sergeant with the California Department of Corrections and Rehabilitation is facing felony charges after a crash in which he’s accused of leaving the scene and driving with a blood-alcohol content three times the legal limit.</p>



<p>Bail for Arnulfo Ryan Valverde was reduced Thursday from $700,000 to $45,000 on conditions including he immediately report to the probation department and be placed on an alcohol-monitoring device. He is to have no alcohol in his system.</p>



<p>A prosecutor opposed the change, telling a judge Valverde poses a public safety risk and should remain in custody.<a href="https://www.kget.com/news/local-news/dui-news/driver-in-fatal-ming-ave-crash-says-passenger-grabbed-wheel-police-say-driver-was-impaired/?ipid=promo-link-block1">Driver in fatal Ming Ave crash says passenger grabbed wheel; police say driver was impaired</a></p>



<p>The prosecutor noted Valverde had a BAC of 0.24% after the Nov. 26 crash that injured two people — requiring one victim to get surgery on both wrists. A bottle of Jack Daniel’s whiskey was found in his car.</p>



<p>Valverde was arrested in the 10100 block of Stockdale Highway, which police said in a probable cause declaration was “in the nearby area of the collision.”</p>



<p>Defense attorney Mark Anthony Raimondo said Valverde will comply with all conditions of release. He said the former sergeant had a distinguished career and has no prior criminal record.</p>



<p>An on-the-job injury resulted in issues including “mental health conditions,” Raimondo said.</p>



<p>Valverde is charged with two counts of DUI causing injury, and hit-and-run causing injury. A preliminary hearing is scheduled Feb. 3.</p>



<p></p>
<p>The post <a href="https://www.raimondolaw.com/retired-cdcr-sgt-facing-dui-hit-and-run-charges/">Retired CDCR sgt facing DUI, hit-and-run charges</a> appeared first on <a href="https://www.raimondolaw.com">Mark Anthony Raimondo; PC</a>.</p>
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		<title>Motion seeks recusal of DA’s Office in ‘Muscle Car Murder’ case</title>
		<link>https://www.raimondolaw.com/motion-seeks-recusal-of-das-office-in-muscle-car-murder-case/</link>
					<comments>https://www.raimondolaw.com/motion-seeks-recusal-of-das-office-in-muscle-car-murder-case/#respond</comments>
		
		<dc:creator><![CDATA[Raimondo]]></dc:creator>
		<pubDate>Tue, 19 Nov 2024 20:02:44 +0000</pubDate>
				<category><![CDATA[Mark in the news]]></category>
		<guid isPermaLink="false">https://www.raimondolaw.com/?p=3729</guid>

					<description><![CDATA[<p>BAKERSFIELD, Calif. (KGET) — A motion filed on behalf of one of the defendants in the “Muscle Car Murder” case seeks the recusal of the Kern County District Attorney’s Office after prosecutors received a download of the defendant’s cellphone containing text messages between him and his attorney. The motion, filed Oct. 31 by attorney Mark [&#8230;]</p>
<p>The post <a href="https://www.raimondolaw.com/motion-seeks-recusal-of-das-office-in-muscle-car-murder-case/">Motion seeks recusal of DA’s Office in ‘Muscle Car Murder’ case</a> appeared first on <a href="https://www.raimondolaw.com">Mark Anthony Raimondo; PC</a>.</p>
]]></description>
										<content:encoded><![CDATA[
<p>BAKERSFIELD, Calif. (KGET) — A motion filed on behalf of one of the defendants in the “Muscle Car Murder” case seeks the recusal of the Kern County District Attorney’s Office after prosecutors received a download of the defendant’s cellphone containing text messages between him and his attorney.</p>



<p>The motion, filed Oct. 31 by attorney Mark Anthony Raimondo on behalf of client Joseph Bush IV, says the messages “contained privileged communications of client and attorney.”</p>



<p>“There are communications between defense counsel and Mr. Bush containing discussions about his case, defenses, planning, strategy, experts” and more, according to the motion.</p>



<p>Raimondo wants the DA’s Office recused from the case; another option he proposed would be the appointment of a special master — an outside legal expert — to review the cellphone’s contents and provide the court and attorneys with steps to ensure a fair trial.</p>



<p>A hearing on the motion is scheduled next week.</p>



<p>Bush, David Tyrone Thompson and Giovanni Garcia-Viscarra are charged in connection with the death of Victoria Anna Marie Hampton, 61. She was found wounded March 19, 2023, on Ginger Drive, north of White Lane and west of New Stine Road, and died April 1, 2023.</p>



<p>Police say Hampton’s car was stolen and she tracked it using an Apple AirTag, and was shot while confronting the defendants. Thompson, the accused shooter, is charged with murder, carjacking and vehicle theft. Garcia-Viscarra and Bush are charged with carjacking, vehicle theft and conspiracy.</p>



<p>Last month, according to Raimondo’s motion, prosecutor Christine Antonios received a download of Bush’s cellphone.</p>



<p>When she opened the download, Antonios found text messages from and to “Eric” — Eric Le, an attorney in Raimondo’s office.</p>



<p>Antonios immediately stopped reading the contents, contacted Le and agreed to have the messages deleted from her possession, according to the motion.</p>



<p>Raimondo argues that’s not enough.</p>



<p>“The integrity of the judicial process and the defendant’s constitutional rights to effective assistance of counsel and a fair trial are compromised as there is discovery of client and attorney communication regarding defenses that may have been divulged to the District Attorney which will undermine Mr. Bush’s right to a fair trial,” he says in the motion.</p>



<p></p>



<p></p>



<p>Full Article: <strong>https://www.kget.com/musclecarmurder/motion-seeks-recusal-of-das-office-in-muscle-car-murder-case/</strong></p>
<p>The post <a href="https://www.raimondolaw.com/motion-seeks-recusal-of-das-office-in-muscle-car-murder-case/">Motion seeks recusal of DA’s Office in ‘Muscle Car Murder’ case</a> appeared first on <a href="https://www.raimondolaw.com">Mark Anthony Raimondo; PC</a>.</p>
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		<title>‘There was no intent to kill’: Attempted murder charge dismissed in Shafter fight</title>
		<link>https://www.raimondolaw.com/there-was-no-intent-to-kill-attempted-murder-charge-dismissed-in-shafter-fight/</link>
					<comments>https://www.raimondolaw.com/there-was-no-intent-to-kill-attempted-murder-charge-dismissed-in-shafter-fight/#respond</comments>
		
		<dc:creator><![CDATA[Raimondo]]></dc:creator>
		<pubDate>Wed, 03 Jul 2024 19:26:25 +0000</pubDate>
				<category><![CDATA[Case Results]]></category>
		<category><![CDATA[criminal cases]]></category>
		<guid isPermaLink="false">https://www.raimondolaw.com/?p=3702</guid>

					<description><![CDATA[<p>The post <a href="https://www.raimondolaw.com/there-was-no-intent-to-kill-attempted-murder-charge-dismissed-in-shafter-fight/">‘There was no intent to kill’: Attempted murder charge dismissed in Shafter fight</a> appeared first on <a href="https://www.raimondolaw.com">Mark Anthony Raimondo; PC</a>.</p>
]]></description>
										<content:encoded><![CDATA[<section class="av_textblock_section "  itemscope="itemscope" itemtype="https://schema.org/BlogPosting" itemprop="blogPost" ><div class='avia_textblock  '   itemprop="text" ><p>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.</p>
<p>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.</p>
<p>Unruh’s attorney, Mark Anthony Raimondo, said the charges stemmed from a fight in which choking “may have occurred in the heat of battle.”</p>
<p>“There was no intent to kill,” Raimondo said. “One guy got the better of another guy during a fight.”</p>
<p>The incident happened the afternoon of June 10 in McKittrick.</p>
<p>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.”</p>
<p>The co-worker told investigators he blacked out and woke up on the ground.</p>
<p>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.</p>
<p>This is a follow up of the story: https://www.raimondolaw.com/im-going-to-kill-you-man-accused-of-choking-co-worker/</p>
</div></section>
<p>The post <a href="https://www.raimondolaw.com/there-was-no-intent-to-kill-attempted-murder-charge-dismissed-in-shafter-fight/">‘There was no intent to kill’: Attempted murder charge dismissed in Shafter fight</a> appeared first on <a href="https://www.raimondolaw.com">Mark Anthony Raimondo; PC</a>.</p>
]]></content:encoded>
					
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		<title>‘I’m going to kill you’: Man accused of choking co-worker</title>
		<link>https://www.raimondolaw.com/im-going-to-kill-you-man-accused-of-choking-co-worker/</link>
					<comments>https://www.raimondolaw.com/im-going-to-kill-you-man-accused-of-choking-co-worker/#respond</comments>
		
		<dc:creator><![CDATA[Raimondo]]></dc:creator>
		<pubDate>Thu, 20 Jun 2024 19:28:11 +0000</pubDate>
				<category><![CDATA[criminal cases]]></category>
		<category><![CDATA[Uncategorized]]></category>
		<guid isPermaLink="false">https://www.raimondolaw.com/?p=3696</guid>

					<description><![CDATA[<p>The post <a href="https://www.raimondolaw.com/im-going-to-kill-you-man-accused-of-choking-co-worker/">‘I’m going to kill you’: Man accused of choking co-worker</a> appeared first on <a href="https://www.raimondolaw.com">Mark Anthony Raimondo; PC</a>.</p>
]]></description>
										<content:encoded><![CDATA[<div class="flex_column av_one_full  flex_column_div av-zero-column-padding first  avia-builder-el-0  avia-builder-el-no-sibling  " style='border-radius:0px; '><section class="av_textblock_section "  itemscope="itemscope" itemtype="https://schema.org/BlogPosting" itemprop="blogPost" ><div class='avia_textblock  '   itemprop="text" ><p>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.</p>
<p>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.</p>
<p>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.</p>
<p>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.”</p>
<div class="nlp-ignore-block article-content rich-text">
<div class="nlp-ignore-block article-content rich-text">
<aside class="promo-link">The co-worker lost consciousness, according to the declaration. He said when he woke up he was outside the truck and lying on the ground. Unruh had left.</aside>
</div>
</div>
<p>“(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.</p>
<p>Unruh was booked into jail June 14, according to inmate records. He’s due back in court June 28.</p>
</div></section></div>
<p>The post <a href="https://www.raimondolaw.com/im-going-to-kill-you-man-accused-of-choking-co-worker/">‘I’m going to kill you’: Man accused of choking co-worker</a> appeared first on <a href="https://www.raimondolaw.com">Mark Anthony Raimondo; PC</a>.</p>
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		<title>Man arrested in hit-and-run crash on Ming and P that killed a local woman</title>
		<link>https://www.raimondolaw.com/man-arrested-in-hit-and-run-crash-on-ming-and-p-that-killed-a-local-woman/</link>
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		<dc:creator><![CDATA[Raimondo]]></dc:creator>
		<pubDate>Wed, 15 May 2024 19:47:15 +0000</pubDate>
				<category><![CDATA[Uncategorized]]></category>
		<guid isPermaLink="false">https://www.raimondolaw.com/?p=3681</guid>

					<description><![CDATA[<p>The post <a href="https://www.raimondolaw.com/man-arrested-in-hit-and-run-crash-on-ming-and-p-that-killed-a-local-woman/">Man arrested in hit-and-run crash on Ming and P that killed a local woman</a> appeared first on <a href="https://www.raimondolaw.com">Mark Anthony Raimondo; PC</a>.</p>
]]></description>
										<content:encoded><![CDATA[<section class="av_textblock_section "  itemscope="itemscope" itemtype="https://schema.org/BlogPosting" itemprop="blogPost" ><div class='avia_textblock  '   itemprop="text" ><p>BAKERSFIELD, Calif. (KERO) — The Bakersfield Police Department arrested 26-year-old Eliezer Camacena-Martinez in connection to the hit-and-run crash that killed Estella Andino.</p>
<ul>
<li>Video shows the family of Estella Andino mourning and a memorial at the site of her death.</li>
<li>Serina Valdivia, Andino&#8217;s daughter, says her family hopes to see the man responsible taken into custody and put behind bars for a long time.</li>
</ul>
<p>Marina Johnson tells me… her mom, Estella Andino, used to push her on the swings as a kid at Wayside Park.</p>
<p>Now, she does the same with her son who she says will never get the chance to grow up with his grandmother.</p>
<p>“She has four daughters, and none of us thought we’d have to bury our mothers before the age of 30, and we should have had to,” Jesmin Andino-Stevens, Andino&#8217;s daughter, said.</p>
<p>The Bakersfield Police Department confirmed their officers arrested 26-year-old Eliezer Camacena-Martinez on Wednesday in connection to the crash, which happened on April 13th.</p>
<p>&#8220;It’s hard I just keep on thinking of how they told us she was screaming for help,&#8221; Johnson said. &#8220;How could you if you had a heart, how could you just leave her there?”</p>
<p>I reached out to Camacena-Martinez, who told me over the phone, the collision was an accident, but Estella Miranda, Andino&#8217;s mother, disagrees.</p>
<p>“How could it be an accident if you hit somebody, run them over and keep going? That’s not an accident,” Miranda said.</p>
<p>Camacena also confirms he was arrested and released on bail.</p>
<p>“I’m never gonna see my daughter, so why should be be out in the streets,&#8221; Miranda added.</p>
<p>Camacena referred me to his lawyer, saying he didn’t want to speak about the case any further.</p>
<p>“I will let you know our client has no prior criminal record and he has a lot of empathy and concern for the family for what has happened to them,” Mark Anthony Raimondo said.</p>
<p>According to BPD, of the eight pedestrian deaths in 2024, seven of them were hit and run crashes.</p>
<p>Compared to a year ago, BPD reports 17 pedestrian deaths with 4 hit and run crashes.</p>
<p>“The crime is not hitting the lady,&#8221; Raimondo said. &#8220;I think the accident was a combination of maybe both their faults, if not all her fault. The crime is if you leave the scene knowing you’ve been in an accident and that’s what we’re investigating at this time.”</p>
<p>Serina Valdivia, Andino&#8217;s daughter, says her family hopes to see the man responsible taken into custody and put behind bars for a long time.</p>
<p>“Just like he didn’t stop, we’re not gonna stop,&#8221; she said.</p>
<p>According to court records, no charges have been filed against Camacena so far.</p>
</div></section>
<p>The post <a href="https://www.raimondolaw.com/man-arrested-in-hit-and-run-crash-on-ming-and-p-that-killed-a-local-woman/">Man arrested in hit-and-run crash on Ming and P that killed a local woman</a> appeared first on <a href="https://www.raimondolaw.com">Mark Anthony Raimondo; PC</a>.</p>
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		<title>Verdicts reached in Ridgecrest murder trial</title>
		<link>https://www.raimondolaw.com/verdicts-reached-in-ridgecrest-murder-trial/</link>
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		<dc:creator><![CDATA[Raimondo]]></dc:creator>
		<pubDate>Thu, 25 Apr 2024 18:33:01 +0000</pubDate>
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					<description><![CDATA[<p>The post <a href="https://www.raimondolaw.com/verdicts-reached-in-ridgecrest-murder-trial/">Verdicts reached in Ridgecrest murder trial</a> appeared first on <a href="https://www.raimondolaw.com">Mark Anthony Raimondo; PC</a>.</p>
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										<content:encoded><![CDATA[<section class="av_textblock_section "  itemscope="itemscope" itemtype="https://schema.org/BlogPosting" itemprop="blogPost" ><div class='avia_textblock  '   itemprop="text" ><p>BAKERSFIELD, Calif. (KGET) — A Kern County jury on Tuesday acquitted one man and found another guilty of involuntary manslaughter instead of murder in the death of a Ridgecrest man in 2022.</p>
<p>Both men had faced life terms in prison if convicted of first-degree murder.</p>
<p>Brian Coykendall, 34, was convicted of the lesser charge of involuntary manslaughter.</p>
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<p>His co-defendant, Erwin Moore Jr., 30, was acquitted and expected to be released from custody Tuesday evening.</p>
<p>They were accused of killing Matthew Ian Peterson on March 4, 2022. Peterson, 43, was severely beaten and shot once in the back of the head.</p>
<p>Deputy Public Defender T. Alan Rogers, Coykendall’s attorney, said the maximum his client faces is four years in prison.</p>
<p>“He’s relieved the nightmare is over,” Rogers said.</p>
<p>Rogers said his argument from the beginning was that Coykendall acted either in self-defense or imperfect self-defense against someone with a record of violence who had previously threatened him. Peterson was a convicted felon.</p>
<p>The attorney noted Coykendall is a veteran who served in the U.S. Marine Corps and has been diagnosed with post-traumatic stress disorder.</p>
<p>“(The Kern County Public Defender’s Office) has always been willing to stand by veterans, even as they face the most serious charges and consequences,” Rogers said.</p>
<p>“He’s relieved the nightmare is over,” Rogers said.</p>
<p>Rogers said his argument from the beginning was that Coykendall acted either in self-defense or imperfect self-defense against someone with a record of violence who had previously threatened him. Peterson was a convicted felon.</p>
<p>The attorney noted Coykendall is a veteran who served in the U.S. Marine Corps and has been diagnosed with post-traumatic stress disorder.</p>
<p>“(The Kern County Public Defender’s Office) has always been willing to stand by veterans, even as they face the most serious charges and consequences,” Rogers said.</p>
<p>The attorney said he accompanied Moore to a meeting with prosecutors two years ago in which Moore told them exactly what happened. No deal was offered.</p>
<p>Moore went through “two years of hell” sitting in Lerdo Jail and waiting for trial, Raimondo said. Now he can start getting his life back in order, the attorney said.</p>
<p>“Justice is still alive in Kern County, thanks to our jurors,” he said.</p>
<p>Prosecutor Christine Antonios said homicide cases are often challenging because one side is no longer alive to tell their story.</p>
<p>Full story here: <a href="https://www.kget.com/news/crime-watch/verdicts-reached-in-ridgecrest-murder-trial/">https://www.kget.com/news/crime-watch/verdicts-reached-in-ridgecrest-murder-trial/</a></p>
</div></section>
<p>The post <a href="https://www.raimondolaw.com/verdicts-reached-in-ridgecrest-murder-trial/">Verdicts reached in Ridgecrest murder trial</a> appeared first on <a href="https://www.raimondolaw.com">Mark Anthony Raimondo; PC</a>.</p>
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		<title>Trial begins for 2 charged with murder in Ridgecrest shooting</title>
		<link>https://www.raimondolaw.com/trial-begins-for-2-charged-with-murder-in-ridgecrest-shooting/</link>
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		<dc:creator><![CDATA[Raimondo]]></dc:creator>
		<pubDate>Mon, 12 Feb 2024 21:48:19 +0000</pubDate>
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		<guid isPermaLink="false">https://www.raimondolaw.com/?p=3608</guid>

					<description><![CDATA[<p>The post <a href="https://www.raimondolaw.com/trial-begins-for-2-charged-with-murder-in-ridgecrest-shooting/">Trial begins for 2 charged with murder in Ridgecrest shooting</a> appeared first on <a href="https://www.raimondolaw.com">Mark Anthony Raimondo; PC</a>.</p>
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										<content:encoded><![CDATA[<section class="av_textblock_section "  itemscope="itemscope" itemtype="https://schema.org/BlogPosting" itemprop="blogPost" ><div class='avia_textblock  '   itemprop="text" ><p>BAKERSFIELD, Calif. (KGET) — Brian Coykendall and Matthew Peterson were once friends.</p>
<p>But when Peterson went to prison, Coykendall began dating his girlfriend. They lived in the same Ridgecrest home where Peterson previously lived, and where Coykendall stayed so often he was practically a roommate.</p>
<p>They kept their relationship a secret from him.</p>
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<p>A few months later, when Peterson was released, Coykendall began formulating a plan, a prosecutor said Friday.</p>
<p>It included asking a neighbor to turn off surveillance cameras so Coykendall would have “plausible deniability” in case “something happened,” according to Deputy District Attorney Christine Antonios.</p>
<p>Something did happen — police arrived at a report of shots fired on March 4, 2022, and found Peterson face down in the street, his hands bound, blood pooled around him.</p>
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<p>Coykendall, 34, and Erwin Moore Jr., 30 — a friend of Coykendall accused of taking part in the killing — were arrested and charged with murder.</p>
<figure class="wp-block-image size-full"><img fetchpriority="high" decoding="async" class="wp-image-1846112" src="https://www.kget.com/wp-content/uploads/sites/2/2024/02/ErwinMoore.jpg" sizes="(max-width: 899px) 100vw, 636px" srcset="https://www.kget.com/wp-content/uploads/sites/2/2024/02/ErwinMoore.jpg?resize=636,398 636w, https://www.kget.com/wp-content/uploads/sites/2/2024/02/ErwinMoore.jpg?resize=300,188 300w, https://www.kget.com/wp-content/uploads/sites/2/2024/02/ErwinMoore.jpg?resize=50,31 50w" alt="" width="636" height="398" /><figcaption class="wp-element-caption" data-ellipsis-id="1">Erwin Moore Jr., file image.</figcaption></figure>
<p>Their trial began Friday morning with the jury shown an image of Peterson dead in the middle of the road. During her opening statement, Antonios also displayed a close-up photo of Peterson’s bloodied, swollen face.</p>
<p>“The evidence will show Mr. Peterson was severely beaten,” she said.</p>
<p>Peterson also suffered a gunshot wound to the back of the head, Antonios said. But the evidence, she said, will show he didn’t die immediately.</p>
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<p>She then played surveillance footage containing chilling audio.</p>
<p>All that can be seen is a driveway and white pickup, but a man is heard repeatedly screaming for help before a gunshot rings out. There is silence for several seconds, then shouting is again heard.</p>
<p>Antonios said the noises came from Peterson during the last moments of his life. She told the jury she will ask them to return guilty verdicts for murder against both defendants.</p>
<p><strong>The defense</strong></p>
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<p>Moore’s lawyer, Mark Anthony Raimondo, began his opening statement by describing Peterson as a “troubled soul” who beat his girlfriend and her daughter and drank heavily.</p>
<p>In contrast, both Coykendall and Moore served in the U.S. Marine Corps, Raimondo said. Both served their country, he said, and both made sacrifices on behalf of others.</p>
<p>The attorney repeatedly referenced the Marine Corps — drawing multiple objections from Antonios — as he painted Moore as a virtuous young man who rushed to Coykendall’s aid, believing his friend was suicidal.</p>
<p>Moore, a sergeant at the time, received numerous medals and promotions, Raimondo said.</p>
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<p>“Not a single besmirch in his 10-year military history,” he said.</p>
<p>He trained other Marines, the attorney said, and had a talent for helping them talk through their problems.</p>
<p>When Moore got a call from Coykendall the afternoon of the killing, he didn’t know about Peterson being released from prison, or that Coykendall was dating Peterson’s ex, Raimondo said.</p>
<p>Moore left for Ridgecrest — traveling nearly two hours — believing his friend was experiencing a “crisis incident,” Raimondo said. During the call, Coykendall repeatedly said he needed help and wasn’t sure if he was going to make it, according to Raimondo.</p>
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<p>Within 10 minutes of Moore’s arrival, Peterson, who had shown up at the house that day without warning, would be dead.</p>
<p>What happened, Raimondo said, is Coykendall, who experienced the horrors of combat in Afghanistan, became consumed by what the attorney believes were symptoms of post-traumatic stress disorder, and began fighting Peterson.</p>
<p>As they fought, Moore, caught in the middle, tried to intervene, Raimondo said. A gun fell from Moore’s waistband, he said.</p>
<p>A struggle over the weapon ensued, Raimondo said. It went off. He said the evidence will show Peterson’s DNA was found on the trigger.</p>
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<p>After the shooting, Coykendall “went nuts” and brutally beat Peterson with the gun, Raimondo said.</p>
<p>Police arrived as Moore left in his black Chevy Impala. He was pulled over and two guns — one belonging to Coykendall, the other to Moore — were found in the trunk. Moore and the car had blood on them, as did both guns.</p>
<p>Calling Moore “my Marine,” Raimondo asked the jury to find him not guilty, saying he was not responsible for the killing and should be allowed to continue his career of service to his country.</p>
<p>“They’re going to call him ‘the defendant, the defendant, the defendant’ this whole trial,” Raimondo said. “He’s been a defender his whole life.”</p>
<p>Deputy Public Defender T. Alan Rogers, Coykendall’s attorney, decided to reserve his opening statement until after the prosecution has finished presenting evidence.</p>
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<p>Full Article: https://www.kget.com/news/crime-watch/trial-begins-for-2-charged-with-murder-in-ridgecrest-shooting/</p>
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<p>The post <a href="https://www.raimondolaw.com/trial-begins-for-2-charged-with-murder-in-ridgecrest-shooting/">Trial begins for 2 charged with murder in Ridgecrest shooting</a> appeared first on <a href="https://www.raimondolaw.com">Mark Anthony Raimondo; PC</a>.</p>
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		<title>Traffic stop-turned-arrest sparks debate on drivers’ rights during police encounters</title>
		<link>https://www.raimondolaw.com/traffic-stop-turned-arrest-sparks-debate-on-drivers-rights-during-police-encounters/</link>
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		<dc:creator><![CDATA[Raimondo]]></dc:creator>
		<pubDate>Thu, 18 Jan 2024 21:08:59 +0000</pubDate>
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					<description><![CDATA[<p>The post <a href="https://www.raimondolaw.com/traffic-stop-turned-arrest-sparks-debate-on-drivers-rights-during-police-encounters/">Traffic stop-turned-arrest sparks debate on drivers’ rights during police encounters</a> appeared first on <a href="https://www.raimondolaw.com">Mark Anthony Raimondo; PC</a>.</p>
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										<content:encoded><![CDATA[<div class="flex_column av_one_full  flex_column_div av-zero-column-padding first  avia-builder-el-0  avia-builder-el-no-sibling  " style='border-radius:0px; '><p><br />
<section class="av_textblock_section "  itemscope="itemscope" itemtype="https://schema.org/BlogPosting" itemprop="blogPost" ><div class='avia_textblock  '   itemprop="text" ><p>BAKERSFIELD, Calif. (KGET) — A traffic stop that turned into an alleged use of excessive force by police is raising a big question: What are drivers’ rights when it comes to police encounters?</p>
<p>“It depends” is the closest thing to a definitive answer, per 17 News’ conversations with multiple legal experts.</p>
<p>The law, those experts said, protects police, but it also protects drivers.</p>
<p>But as one attorney put it, everything begins with the “premise of what stops a person.”</p>
<p>Here is a breakdown of Donte Heath’s case, the incident currently at the center of this debate in Bakersfield.</p>
<p>“Do you legally have to get out of your car? Probably not always,” said Bakersfield criminal defense attorney Mark Anthony Raimondo. “But it’d be a good suggestion just to follow along. Follow and comply and complain later is a great suggestion.”</p>
<p>Those are the questions raised by a traffic stop-turned-arrest that left a 50-year-old man allegedly with a broken elbow and rib.</p>
<p>In the early hours of New Year’s Eve, Donte Heath was pulled over by Bakersfield police officers for allegedly not wearing his seatbelt. But when Heath refused to get out of the car, things took a quick turn.</p>
<p>Heath’s attorney, Daniel Rodriguez, told 17 News his client didn’t comply with officers because he knew his rights.</p>
<p>“And is that wrong?” Rodriguez stated. “But the one [excuse] that cops, officers always fall back on is hey, officer safety. And the law says, hey wait a minute, is it reasonable to believe?”</p>
<p>He added: So, what does the officer write down [in his report]? [Heath] was belligerent… There’s no reason. There’s not an odor of alcohol on [his] breath. There’s no weapon, there’s no drugs. Nothing. You stopped [him] for a seatbelt violation. Here is [his] driver’s license, registration. End of story. Give me the citation and let me go home.”</p>
<p>Rodriguez said charges being recommended against Heath are resisting arrest, not wearing his seatbelt and not having a license plate in front of his car.</p>
<p>BPD declined to confirm those details. But the District Attorney’s Office confirmed with 17 News on Wednesday evening, they had received the case from the police. Ultimately, the district attorney will determine which charges, if any, to press.</p>
<p>Rodriguez pointed out: “I have doubt that the district attorney’s office will ever file criminal charges in this case … It’s pretty straightforward that it was not a good stop. And if there’s not a good stop, it’s not going to be a good case to prosecute criminally.”</p>
<p>By “good stop,” Rodriguez was referring to the legality of the traffic stop in the first place, which he argued because Heath allegedly was not wearing his seatbelt in a parking lot, the seatbelt law does not apply.</p>
<p>“He’s in the parking lot. There is no law that requires that you have your seatbelt on private property. Just on a public street,” Rodriguez said.</p>
<p>Earlier Wednesday morning, BPD Chief Greg Terry joined 17 News at Sunrise to discuss Heath’s case.</p>
<p>“The Supreme Court has ruled that an officer in a traffic stop, even for a minor traffic offense, can ask the driver, order the driver, out of a vehicle,” the chief said. “It also applies to passengers as well. Part of the logic behind it is the Supreme Court has recognized the inherent dangers in traffic stops.”</p>
<p>That Supreme Court case is Pennsylvania v. Mimms from 1977. Twenty years later, the ruling was extended to include passengers via a different court case.</p>
<p>Legal experts emphasize there must be evidence — a legitimate reason — as to why officers are asking someone to step out.</p>
<p>They said, for instance, an officer feeling threatened by a driver or passenger can request they step out. But they must have good reason to believe they’re in danger.</p>
<p>“All citizens have the right to remain unobscured by officers unless there’s a legal reason for them to stop you, question you and to look further,” said attorney Raimondo. “So always remain calm, make good eye contact, follow all lawful commands, if you have any legal doubts on what to do, ask for a supervisor.”</p>
<p>Full article: https://www.kget.com/news/local-news/traffic-stop-turned-arrest-sparks-debate-on-drivers-rights-during-police-encounters/amp/</p>
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