California Criminal Lawyers Blog

As Long Beach domestic abuse criminal defense attorneys, we were sad to read about the death of a toddler, allegedly at the hands of her mother. The Orange County Register reported August 3 that Linda Wilborn of Seal Beach is facing trial in the death of her daughter, Millicent, and the alleged abuse of her three other children. Millicent Wilborn died in December of last year, of blunt force trauma to the head and chest. After the death, doctors and child protective authorities discovered that the Wilborns' other three children had bruises and malnourishment, and Millicent's twin brother had a skull fracture. This came more than a year after Linda Wilborn was investigated by social workers. The children were not removed from the home after that investigation. Linda Wilborn has pleaded not guilty to assault on a child causing death and three counts of felony child abuse.

According to the article, Linda Wilborn called 911 last year to report that Millicent was not breathing. She gave several incorrect addresses for her home in a military housing complex, where her husband Derrick Wilborn works. Paramedics and emergency room doctors noticed suspicious bruises on the girl, so they called police and child protective authorities. They found signs of abuse and neglect on all four children, who ranged from eight months to three years. At the home, police officers found that the three older children were kept in a back room behind a child gate for much of the day. They found tooth marks on the doorjamb and discovered that the malnourished children were eating paint chips and bits of carpet. Derrick Wilborn was frequently absent, in part because he pursued a career as a golf pro every day after he finished his work for the military. When he came home to discover that Millicent had collapsed, he left the room and began putting together golf clubs.

In the previous incident, child protective workers intervened after Linda Wilborn left Millicent and her twin brother in a hot car at the age of four months. That investigation found that Wilborn had unspecified mental illness problems and did not meet her children's basic needs. Nonetheless, the report concluded that the risk of abuse was low and the social worker set up a "safety plan" requiring her to get caregiving help from others. On the day Millicent died, a police detective thought the couple's displays of grief were odd. He left a tape recorder running when he left the couple alone and captured them discussing conversations they believed Derrick Wilborn had had with God. Derrick Wilborn said God had told him Millicent died, and Linda Wilborn seems to imply that Derrick should have used his inside information from God to stop her. All three remaining children are in county custody.

This very sad story raises a lot of questions for our Laguna Beach domestic abuse criminal defense lawyers. From the story, it looks like Linda Wilborn may well be mentally ill. For that reason, we wonder whether the criminal charges facing her are the best way to handle the situation. Californians may plead not guilty by reason of insanity -- but to do that, they must show that they did not have the mental capacity to understand what they were doing, or to tell right from wrong. A successful insanity plea is often followed by commitment in a mental institution, so it is not much like an acquittal. Meanwhile, the article mentioned no charges at all for Derrick Wilborn, despite his apparent sanity and reported lack of attention to his family. Being a bad father is not a crime, but allowing a child to be injured or ignoring a child's dangerous situation are forms of child endangerment and neglect, both of which are crimes in California.

Continue reading "Seal Beach Mother Charged With Child Abuse and Assault in Death of Two-Year-Old" »

In March, our Bellflower domestic violence criminal defense lawyers wrote about a spousal abuse arrest for Newport Beach's city attorney. David Hunt was arrested March 14 after what the newspaper described as a family fight that injured his wife. Hunt had not returned to work since then, because the Orange County District Attorney's Office had not made a decision about whether to file charges. Now, the Orange County Register reported June 2, that office has decided against continuing the prosecution. A spokeswoman for the prosecutors said the office decided that despite a recording of a 911 call from Hunt's son, there was not enough evidence to prove the case. The Newport Beach City Council voted to reinstate Hunt to his job right away.

In the March 14 incident, Hunt's younger son, age 16, made the 911 call. He told the dispatcher that his father "just went crazy," pushing his mother down and then going after his older brother, age 18. The other family members are not identified by name in the article. Asked what started the fight, the older son said his father had walked into the house and "started throwing around some pretty stupid and serious accusations." The young man said his father grabbed him, and everybody jumped into the argument, which eventually ended with the mother and younger brother being physically thrown off. The mother hit a table and ended up with a bump on her head and a cut arm, previous news reports said. The district attorney's spokeswoman said the evidence didn't show that Hunt "willfully" battered his wife, so the two prosecutors who reviewed it didn't feel it was strong enough for prosecution.

As Fullerton domestic violence criminal defense attorneys, we're pleased that the district attorney's office recognized this. The outcome may not be to everyone's liking, but it's both smart and fair for prosecutors to recognize when their evidence doesn't meet the standard laid out by the law. Criminal cases must be proven beyond a reasonable doubt. This is a high standard, but when someone may be going to prison, a high standard is appropriate. In this case, the spokeswoman seems to be saying that her office did not believe the behavior was "willful," suggesting that Hunt's wife may have been injured unintentionally. The office also stressed that Hunt, a city-level prosecutor, was not given preferential treatment by the county prosecutors. For the sake of justice, as well as the sake of his family members, we hope that's true.

Continue reading "No Spousal Abuse Charges Will Be Filed Against Newport Beach City Attorney " »

Our Cypress domestic violence criminal defense attorneys were interested to see a recent item about the arrest of the adult daughter of Huntington Beach's police chief. Jennifer Sue Small, 31, was arrested by the Orange County Sheriff's Department for stabbing her husband, 33, in the chest at a hotel. The wound is not considered life-threatening. The sheriff's department declined to name the husband because he is a victim of domestic violence. Small is the daughter of Chief Ken Small of the Huntington Beach police department, who said his family has struggled with his daughter's domestic violence history for many years. He told the Orange County Register May 25 that he expects no special treatment for his daughter.

The arrest of the younger Small came after deputies responded to a call about domestic violence at a Midway City hotel early Monday. No charges have yet been filed, but Small was arrested on suspicion of assault with a deadly weapon and inflicting injury. They are the latest in a list of legal problems Small has faced in the past five years. Between 2005 and 2009, she pleaded guilty to public intoxication three times, trespassing twice, one DUI and one count of battery of a peace officer. Other charges against her did not result in a guilty plea. In 2006, a court dismissed two charges of misdemeanor child abuse and endangerment against Small, as well as one misdemeanor count of possession of a controlled substance. Also in 2006, Small pleaded not guilty to misdemeanor corporeal injury on a spouse and misdemeanor vandalism. Those charges were later dismissed.

As Yorba Linda domestic violence criminal defense lawyers, we're interested in this case in part because it turns the usual assumptions about domestic abuse and gender upside down. We're not exactly happy that both men and women can be charged with domestic violence, but we do believe it's a point worth repeating, because many people don't believe women are ever charged. In fact, that was true in many states until fairly recently. These days, when the couple presents conflicting stories, some officers still automatically take the woman's side, despite the fact that the law is officially neutral. In this case, however, it's difficult to imagine deputies ignoring a chest stabbing. Small's history of legal problems, including spousal abuse and child abuse charges, may also have been a factor.

Continue reading "Daughter of Huntington Beach Police Chief Arrested for Domestic Violence Stabbing" »

Our Costa Mesa domestic violence criminal defense attorneys were interested to see a very public fight going on between a celebrity couple in Huntington Beach. Former pornography actress Jenna Jameson has accused her boyfriend of four years, mixed martial arts fighter Tito Ortiz, of physically attacking her. The Orange County Register reported April 27 that Jameson's father reportedly called police around 10 a.m. on April 26 to report that a man had pushed his girlfriend down. Ortiz was arrested and held at Huntington Beach city jail for part of the day, then released in the afternoon. He was not permitted to return to the couple's home because Jameson has an emergency protective order against him.

Ortiz and Jameson give different accounts of what happened. According to the Register, quoting celebrity gossip site TMZ, Jameson claims Ortiz pushed her into a bathtub after she said something that bruised his ego. She was wearing an arm brace when she left her home later the day of the incident, and claims she suffered two torn ligaments in her shoulder. She said she and the couple's twin sons, born in 2009, are all right, but that she will press charges. Meanwhile, Ortiz called a press conference Monday night, at which he and his domestic violence defense lawyer denied the allegations. He said Jameson has been addicted to prescription painkiller OxyContin for more than a year, and that the confrontation happened after he confronted her about finding some of the drug. He told the press that he wants to protect his family from the drug addiction he saw growing up.

Even though this is a high-profile couple, our Lake Forest domestic abuse criminal defense lawyers think this is a good example of how many charges of domestic abuse or spousal battery are "he said/she said" situations. If no one else was in the house but their one-year-old children, no one can provide strong evidence about whose version of the incident is more correct. In fact, even if Jameson's father was there, his testimony still may be suspect because of his natural bias toward his daughter. This means that both Ortiz and the prosecution -- if any charges are ultimately filed -- may have to use circumstantial evidence, such as a history of domestic violence or a record of multiple OxyContin prescriptions. That's why it's crucial for domestic violence defendants to get the help of an experienced attorney with building and proving a strong case.

Continue reading "Celebrity Couple Embroiled in Domestic Violence Case in Huntington Beach" »

Our Cerritos domestic violence criminal defense lawyers wrote last week about dropped spousal abuse charges for an Orange County prosecutor and his wife. We were surprised to see another report about a local prosecutor's domestic violence arrest in the Daily Pilot March 16. Newport Beach City Attorney David Hunt was arrested March 14 after what the newspaper described as a family fight that ended with injuries to his wife. He posted $50,000 bail and was released early March 15. The Orange County District Attorney's office is considering whether to file charges, and the Newport Beach City Council will meet privately next week to discuss the matter.

Hunt lives in Santa Ana, so the Santa Ana police responded in the incident. That department told the Daily Pilot that the incident started with an argument between Hunt and his 18-year-old son. Neither the son nor the wife was named in media reports. When Hunt's wife intervened, he shoved her to the ground. As she fell, she hit a table and then the floor, resulting in a bump on her head and a cut to her arm and hand. Hunt's son called the police. The Daily Pilot said the city of Newport Beach could officially sanction Hunt if it believes he committed misconduct that relates to his duties for the city. But the mayor, Keith Curry, said the council would support Hunt taking time off to address these problems.

As Tustin domestic violence criminal defense attorneys, we think taking that time will be important if prosecutors decide to file charges against Hunt. Spousal abuse can be a felony or a misdemeanor in California, according to the prosecutor's discretion. Typically, it's charged as a felony when there was a serious injury or a hospitalization. That doesn't seem to describe the incident in the article, which makes us wonder whether prosecutors will follow through with the felony charge. In fact, from the description, we wonder if Hunt really intended to push his wife. In some domestic cases we've seen, the victim was actually trying to stop a fight between two other people, and got in the way or was rebuffed more violently than intended. This is hardly a situation that calls for a felony charge, and under some circumstances, may not even merit a misdemeanor charge.

Continue reading "Newport Beach City Attorney Arrested on Suspicion of Felony Spousal Battery" »

A recent item about dropped charges for an Orange County prosecutor caught our eyes as Long Beach domestic violence criminal defense attorneys. The OC Register reported March 9 that no charges will be filed against David Brent and Roshawn Jolancia Brent in connection with a fight they had in the parking lot of Ocean View High School in Huntington Beach. David Brent, 53, is an experienced Assistant Deputy District Attorney in Orange County. Among his cases was the prosecution of Alejandro Avila, who was accused of killing five-year-old Samantha Runnion. Because he works for the prosecutor in the county where the arrest occurred, the case was handed over to the state Attorney General's office. It announced Tuesday that it will not file charges.

The Brents' fight took place on Christmas of last year and reportedly had to do with a gift. According to the article, Roshawn Brent, 27, made an emergency call at around 11 p.m., saying her husband had hit her. Police responded, but found that David Brent had already left the scene, taking the keys to the couple's car but not the car itself. After an investigation, the police arrested Roshawn Brent. They then found David Brent on foot and arrested him as well. Both arrests were on suspicion of inflicting corporal injury on a spouse. The Attorney General's office did not explain why it chose not to pursue a case. David Brent released a statement on behalf of both parties saying they were grateful the office found that they had done nothing wrong.

From the article, there's no way to say whether the Attorney General's office made the right call. But as Orange domestic violence criminal defense lawyers, we know that police officers tend to make arrests hastily in suspected domestic violence cases. The police see plenty of real domestic violence, so they may jump to conclusions if they think a fight got physical. Officers may also make arrests to give everyone a "cooling off" period. Unfortunately, this can have serious real-world consequences. A conviction for domestic violence means a new and sometimes large set of legal problems, including restraining orders and child custody problems as well as jail and fines. In cases like this, where the couple may just have had a bad night, this is severe overkill.

Continue reading "No Charges Will Be Filed Against Couple Arrested for Domestic Violence" »