Commentary by Criminal Defense Lawyer Sam Spital:
“KGTV Channel 10 online News reported on January 6, 2013 a recent investigation by law enforcement revealed Casey Tschida as the name of the 32 year old suspect in the killing of Jennifer Krajnak. The suspect was an acquaintance of the 30 year old victim and was just arrested in Portland, Oregon at his mother’s house. He will soon be extradited for these charges in San Diego. According to the report, the suspect and the victim were at a bar shortly before the killing; each left separately at about 2:00 a.m., and apparently Jennifer was approached by the suspect as she was walking home; she was found dead shortly thereafter in the front of her home.
The article did not contain any more information relating to the victim nor the attacker. It strains credulity how little information is gathered by reporters today , whether print or electronic The traditional journalist would not only seek as much background information as possible, but sufficient facts to provide a balanced account. Lacking any of the above, it is a challenge for anyone desiring to make a comment to offer much value to the reader of an article and/or viewer of this or any other such news story.
Nonetheless, there are various crimes that can be charged in a homicide, including murder one that is premeditated; murder two that is in the heat of passion; voluntary manslaughter is a killing that lacks malicde aforethought; and, involuntary manslaughter, which is a death as a result of reckless misconduct. In addition, there may be legal defenses, such as self-defense that can negate the finding of a criminal offense, as well as extenuating circumstances and/or mitigation that can bear on the sentencing of a defendant in such a case.”
Commentary by Sam Spital, San Diego Personal Injury Attorney:
“A patrol car driven by a San Diego Police Department officer at approximately 2:30 a.m. was struck by a pick-up truck whose driver admitted he was driving under the influence (DUI). The UT News on December 30, 2012 reported the police officer was badly hurt with broken bones and internal injuries requiring surgery. The crash occurred a little over an hour after another collision in which it is believed the driver was also under the influence and killed another individual in a head on accident.
It strains credulity to believe anyone would risk the life of another and/or themself by driving after drinking an alcoholic beverage, albeit the male driver of the pick-up truck in the above collision reportedly had no injuries. Unfortunately, at this time of the year in celebrating the New Year holiday far too many individuals stay out late at night and may not realize they are fatigued and possibly drowsy, they drink at a party or gathering but fail to use a designated driver or take a taxi cab when they are ready to go home.
It seems likely in the not too distant future there will be ignition interlock devices (IID) in not only those automobiles in which the driver has been convicted and the Judge has ordered the installation of the device http://www.dmv.ca.gov/pubs/brochures/fast_facts/ffdl31.htm, but in all vehicles to prevent the huge number of fatalities and serious injuries caused by DUI drivers. Remembering back several years ago, there were objections to seat belts being placed in automobiles and laws that soon were enacted that required they be used or it was deemed a violation of law. This historical perspective may be used to justify the IID since it too can prevent DUI related auto accidents.”
COMMENTARY BY SAM SPITAL, CRIMINAL DEFENSE ATTORNEY- SAN DIEGO:
“Fox 5 digital news reported on December 12, 2012 an illegal drug ring was discovered by an undercover drug investigation in which officers posed as students in several high school campuses in the Temecula Valley area of Riverside County, a community adjacent to San Diego. In total there were 22 arrests of which 20 minors were taken to Juvenile Hall and 2 adult students taken into custody were arrested for sales of narcotics and child endangerment. Seized in the sting were cocaine, heroin, methamphetamine (meth), ecstasy, LSD, marijuana and illegal prescription drugs.
It strains credulity that so many of our youth fall into the trap of experimenting with and/or using drugs to feel good. Life has many challenges, but equally true is the fact there are far greater opportunities. However, we have to question whether our schools are providing sufficient information, case studies and material in their curriculum as well as using appropriate resources to build self-esteem, positive values, goals and dreams to motivate students to achieve happiness. Instead, far too many students experiment with drugs in order to get ‘high.’ Substituting artificial, extremely dangerous and addictive drugs only to provide an extremely short lived result can only lead to a trap as in the case of quick sand, offering no long term pleasure, relief &/or remedy while posing the risk of a life time of further complications as well as death. Although so much money is spent to solve social ills and problems, it hardly seems to have had a sufficient impact to reduce the scourge of illegal possession, use and sales of drugs and narcotics.”