September 2009 Archives

Pictured (L-R): Anthony Arteaga, original Arteaga wanted poster, Paul Casey.

A man who fled to Mexico after allegedly killing a Rancho Cucamonga man with a shotgun seven years ago is expected to be extradited to California in the coming weeks to face murder charges.

Anthony Arteaga, 23, is nearing the end of a jail term in Mexico, and is expected to arrive in California in early October to face charges for the slaying of 33-year-old Paul Casey, said Deputy District Attorney Reza Sadeghi.

Arteaga allegedly killed Casey with a shotgun blast to the chest on Sept. 7, 2002 in the course of a confrontation between Casey and a group of taggers that included Arteaga.

Following the incident, Arteaga fled the country. Federal authorities located Arteaga in 2007 in Mexican jail, where he was serving a four-year sentence for a gun possession charge under an assumed name.

"Our understanding is that (Arteaga's release date) should be early October, so sometime in early October he should be released from Mexican custody and turned over to our custody," Sadeghi said.

Casey's family members are "very happy" that Arteaga will be returned to California to face charges, Sadeghi said.

"They've been waiting for this day for a long time," Sadeghi said.

The evening of Sept. 6, 2002, Casey, a friend and both men's wives went to a Rancho Cucamonga bar to shoot pool and relax, Casey's friend testified at a November 2002 preliminary hearing for one of Arteaga's co-defendants.

When Casey and his friend walked home from the bar around midnight, they encountered a group of taggers who were standing near a bus stop at the intersection of Carnelian Avenue and Base Line Road.

The group of taggers, which included Arteaga, tried to block Casey's path as the men passed, and a verbal exchange ensued, Casey's friend testified.

One of Arteaga's friends retreived a shotgun from his home nearby and fired at Casey and his friend from a distance, missing the men.

He then handed the gun off to Arteaga, who chased down Casey and shot him in the chest during a struggle, the friend testified.

Arteaga, who was 16 at the time of Casey's killing, faces a life prison sentence if convicted of murder.

Three other members of the tagging group were convicted as part of Arteaga's case, with two of the men receiving two-year prison sentences and another receiving an 11-year sentence.

RANCHO CUCAMONGA -- A former strip-club manager's legal woes continued last month when he was jailed for violating his probation.

Ward Ryan Welty, 35, pleaded guilty in February to soliciting a minor for sex, possessing a controlled substance for sale, and possessing child pornography.

He was found in violation of his probation on Aug. 28 following a hearing at West Valley Superior Court. Authorities found a knife when they searched Welty's home, said Deputy District Attorney Jason Anderson. His terms of probation prohibit him from possessing a knife.

Welty, who had been serving a 270-day jail sentence through house arrest, was ordered by Judge Arthur Harrison at the conclusion of the hearing to serve his sentence in jail as "straight time."

Authorities in Colorado are attempting to extradite Welty on multiple sex charges there. An undercover police sting that resulted in Welty's arrest originated in Colorado.

Welty's father owns Manta Management, which operates Tropical Lei, the Flesh Club in San Bernardino and the Hawaii Theatre in the City of Industry.

RANCHO CUCAMONGA -- An Ontario Sunday school teacher was taken into custody this morning at West Valley Superior Court after he was sentenced to one year in jail for molesting an underage female student, a prosecutor said.

John Calvin Savage, 45, pleaded no contest in July to committing a lewd act on the 12-year-old girl. The plea bargain he reached with prosecutors spared him a potential three-year state prison term.

Savage, who was free on bail, will be serving his jail term as "straight time" rather than on weekends, said Deputy District Attorney Jason Anderson. Savage, a married father of six, will be required to register as a sex offender for the rest of his life as a result of his conviction.

The girl told police that Savage touched her inappropriately in 2003, when she was a Sunday school student at Grace Baptist Church in Corona.

Savage was also suspected of molesting a 16-year-old Chinese girl who lived at his home as part of a foreign-exchange program. Prosecutors agreed to halt the investigation into the allegations as part of Savage's plea bargain.

Five defendants (L-R): Pomona residents Timothy Jacquemain, 18, Jacob Bushow, 19, and Andrew Swindle, 23, Chino resident Anthony Coleman, 21, Perris resident Willis Bagley, 38.

RIVERSIDE -- Five men pleaded not guilty this morning to attempted murder and other charges for a string of robberies that included the shooting of a Home Gardens clergyman.

The defendants include Pomona residents Timothy Jacquemain, 18, Jacob Bushow, 19, and Andrew Swindle, 23, as well as Anthony Coleman, 21, of Chino, and Willis Bagley, 38, of Perris.

The men are accused of robbing five restaurants at gunpoint on Sept. 15, and also shooting and wounding Antonio Garduno, pastor of Our Lady of Tepeyac, during a robbery of the church.

All men remain jailed in lieu of at least $1 million bail, and are next due in Riverside Superior Court Oct. 9 for a felony settlement conference.

View 9/15/09 crime spree pastor shooting in a larger map

An Ontario man who fled his home after allegedly trying to kill his wife has been arrested.

A tip to the Santa Ana Police Department led authorities to a home in the city where Juan Marrufo Cisneros, 32, was staying with a friend, said Ontario police Detective Jeff Higbee. Cisneros was arrested there without incident on Sept. 4, Higbee said.

Cisneros has pleaded not guilty to attempted murder and three other felonies for his alleged attack on his wife. He remains jailed in lieu of $400,000 bail.

Cisneros' wife told police that she and her husband argued over her disciplining one of their children on Aug. 25. He allegedly attacked her, first pushing her, then punching her, choking her, slamming her head into the ground, and attempting to slice her with broken glass.

Cisneros' wife told police after the attack that she believed her husband fled to Mexico.

A Westminster man has pleaded not guilty to charges that he repeatedly sexually assaulted a 12-year-old Norco girl at gunpoint over a six-month period and forced the girl to sell marijuana.

Julio Cortes, 25, pleaded not guilty Sept. 17 in Riverside Superior Court to two felony counts: aggravated sexual assault of a child, and aggravated sexual assault of a minor with force.

Cortes, who remains jailed in lieu of $1 million bail, is set to next appear in court Oct. 19 for a felony settlement conference, according to online court records.

According to a Riverside County Sheriff's Department news release, deputies learned of the alleged abuse Sept. 11.

During police surveillance the following day, Cortes called the girl and told her he was on the way to her home. Deputies arrested him in the area of the home.

The former superintendent of the Los Angeles Unified School District pleaded not guilty today to charges that he unlawfully tried to pull over a woman in Pomona using a school police badge.

Ruben Zacarias, 80, did not appear at his arraignment hearing in Pomona Superior Court. His attorney appeared at the hearing and entered the not-guilty plea.

Zacarias, of Alhambra, is accused of displaying a badge and ID card issued by the Los Angeles School police while driving on the 57 Freeway on Aug. 27, according to the Los Angeles County District Attorney's Office.

He allegedly told a woman on the freeway to pull over because he was a "cop." Zacarias was issued a misdemeanor citation by the California Highway Patrol.

Zacarias worked as superintendent at LAUSD for about two years in the 1990s. He has been retired since he left the district nearly 10 years ago, said Stephen Meister, Zacarias' attorney.

Meister declined to discuss the facts of the case. Zacarias is next due in court Nov. 10 for a pre-trial hearing, Meister said.

A Pomona woman accused of stabbing and killing a woman she reportedly viewed as a romantic rival pleaded not guilty to murder charges today in Pomona Superior Court.

Nicole Ann Stewart, 34, is accused of stabbing and killing Robin Ridgeway, 49, at the Hamilton Villa mental-health facility at 948 S. Hamilton Blvd. in Pomona.

Both women lived at the facility at the time of the July 23 incident.

According to police, Stewart killed Ridgeway because she believed Ridgeway was having a relationship with Stewart's boyfriend. Police say there was no such relationship.

Stewart is next due in court Oct. 26 for a preliminary hearing. She remained jailed today in lieu of $1 million bail.

View Hamilton Villa in a larger map

Five defendants (L-R): Pomona residents Timothy Jacquemain, 18, Jacob Bushow, 19, and Andrew Swindle, 23, Chino resident Anthony Coleman, 21, Perris resident Willis Bagley, 38.

Five local men are scheduled to be arraigned in Riverside Superior Court Wednesday morning for attempted murder and other charges filed following a spree of robberies that included the shooting of a pastor.

The men are accused of holding up five local restaurants on Sept. 15, and also attempting to rob a church in the Home Gardens area of Riverside County.

Antonio Garduno, the pastor at the church, Our Lady of Tepeyac, was shot in the course of the robbery.

Garduno, 51, is identified as a bishop in an offshoot of the Roman Catholic church. He is expected to survive his injuries.

The alleged robbers include Pomona residents Timothy Jacquemain, 18, Jacob Bushow, 19, and Andrew Swindle, 23. Also charged in the case are Anthony Coleman, 21, of Chino, and Willis Bagley, 38, of Perris.

In addition to the attempted murder charge -- which potentially carries a life prison sentence -- each man also faces multiple counts of robbery.

The group is accused of robbing Denny's restaurants in Rowland Heights, Pomona, Norco and Corona, and an International House of Pancakes in Industry.

One of the suspects was arrested during the Norco robbery, and the other four were arrested following a high-speed chase.

Bagley remained jailed Tuesday in lieu of $1.5 million bail at Robert Presley Detention Center in Riverside, according to court records. The others remained jailed there in lieu of $1 million.

Here's a map detailing the sequence of the alleged robberies and the crash site:

View 9/15/09 crime spree pastor shooting in a larger map

RANCHO CUCAMONGA -- A night of drinking and socializing following last year's Super Bowl turned deadly for 19-year-old Lotu Palei, who was shot three times and killed in a Montclair alley.

The man charged with his murder, Ruben Castellanoz, faced a jury today during the first day of testimony in his murder trial in West Valley Superior Court.

A prosecutor called Castellanoz, 23, "one of the worst kinds of dangers to society" in her opening statement, and Castellanoz's former girlfriend took the witness stand and identified the Montclair man as the shooter in the Feb. 4, 2008 incident.

According to his attorney, Castellanoz feared Palei because of Palei's apparent gang affiliation, and believed Palei had a gun the night of the killing. Palei was unarmed, according to police and prosecutors.

Castellanoz's attorney, Andrew Haynal, said in an interview that Castellanoz will likely testify in his own defense.

Castellanoz has no criminal history, which keeps many defendants from testifying because prosecutors can reveal a defendant's criminal background to jurors if the defendant testifies.

Deputy District Attorney Mary Izadi told jurors in her opening statement that Castellanoz was motivated to shoot Palei not for reasons of self-defense, but rather viewed the killing as "a way to earn some stripes and some credibility on the streets."

Castellanoz, his girlfriend and three other people were hanging out in an alley and drinking alcohol near Castellanoz's apartment after they finished watching the Super Bowl on Feb. 3, 2008, said Castellanoz's girlfriend, Cecilia Campos, in her testimony today.

It was after midnight when Palei walked up to the group near the intersection of Ramona Avenue and Bandera Street, shouted the name of an Ontario street gang, and told the group they were making too much noise, Campos testified.

He also kept one of his hands in his pockets. Campos said she believed he may have been holding a gun in his pocket.

What was initially a tense encounter became more friendly after some members of the group recognized Palei and socialized with him for the next half-hour, Campos testified.

During Palei's visit, he received a phone call on his cell phone and a truck soon pulled up, Campos said. Palei walked over to the truck and completed what appeared to be a drug transaction, Campos said.

Campos said she didn't witness any tension between Palei and Castellanoz, but she was absent from the group for three or four minutes while she used the bathroom at her boyfriend's apartment.

When she returned, Castellanoz excused himself from the group. He said he had to go to his apartment to use the bathroom.

Campos said her boyfriend's statement struck her as unusual because the men in the group had been urinating in the alley rather than using a toilet.

Shortly after Castellanoz returned to the group, Campos said she heard a gunshot and turned and saw her boyfriend pointing a revolver at Palei. Castellanoz fired two more shots at Palei, Campos said.

In the days following the killing, Campos said she asked her boyfriend why he shot Castellanoz.

"I don't know. I don't know what got into me," Castellanoz responded, according to Campos.

In his cross-examination of Campos, Haynal questioned Campos's motivation for testifying against her former boyfriend, who she said she dated for nearly three years.

Campos was jailed and charged as an accessory to the killing for initially lying to police about the incident, she testified.

She reached a plea bargain with prosecutors last year that will spare her additional jail time in exchange for truthful testimony.

Police arrested Castellanoz about five months after Palei, of Montclair, was killed.

Castellanoz bragged about the killing during a conversation with a friend who was acting as a police informant and secretly recording the conversation in July last year, Izadi told jurors.

In the recording, portions of which Izadi played in the courtroom during her opening statement, Castellanoz uses profane language and street slang when describing Palei's killing.

"I wasn't bluffing, fool," he said. "I don't, I don't play that ... dog."

He called himself a "psycho" who has two different personalities, and told his friend he "trips ... especially when I have my pistol."

At the end of the recording played in court today, the friend questioned how Castellanoz can sleep at night.

"I sleep good," Castellanoz responded.

Testimony in Castellanoz's trial is scheduled to resume Tuesday morning in West Valley Superior Court.

Haynal declined to give an opening statement today, but will have an opportunity to address the jury at the start of the defense's case.

View Ruben Castellanoz murder case in a larger map

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Pictured is Raymond Gutierrez and his girlfriend, Desiree Rios. This picture was taken only a week before Gutierrez's death, his parents said.

FONTANA -- The mother of a slain Rialto man cried as she confronted her son's convicted killer during a sentencing hearing this morning.

"Why did you have to be such a coward and kill someone you never knew?" Lydia Gutierrez said to Javier Salcido Ortega, who was sentenced in Fontana Superior Court to nearly 48 years in state prison.

Ortega, 25, reached a plea bargain with prosecutors in July that spared him a life sentence for the killing of 24-year-old Raymond Gutierrez at a Fontana house party on Oct. 16, 2005.

The killer and victim didn't know each other before the incident, which escalated into a shooting after starting as a minor squabble between Gutierrez and a group of men that included Ortega.

Ortega and his friends knocked Gutierrez, a father of two, to the ground, then kicked him repeatedly, according to prosecutors.

Though Gutierrez was incapacitated after the beating, Ortega shot him three times as he lay on the ground. Two of the bullets pierced Gutierrez's heart, killing him, according to prosecutors.

Ortega declined to make a statement prior to his sentencing. He diverted his eyes from Gutierrez's family members as they read their statements, looking instead at the ceiling and at others areas of the courtroom.

"Raymond had a charisma," said Gutierrez's uncle, Tommy Guerra. "He was a very special person. He was loved by many, and he touched many people."

"My grandson, who is 8, wants to know why you killed his daddy," Lydia Gutierrez said.

Gutierrez's family members were critical today of the decision by the San Bernardino County District Attorney's Office to grant Ortega a plea bargain that spared him a life sentence.

Family members who spoke during the sentencing hearing said they believed Ortega deserved the death sentence or life in prison for the killing.

With time already spent in custody deducted from his prison sentence, Ortega could be released from prison in about 36 years if he is well-behaved. Ortega would be in his early 60s.

A San Bernardino County mental health specialist has pleaded not guilty to three counts of home-invasion robbery.

Rachel Lorraine Davis, 39, is one of four people charged in the complaint, which accuses the group of committing the crimes on Sept. 9 in Los Angeles County.

Davis, of Phelan, has been placed on unpaid administrative leave from her job with the county's Department of Behavioral Health. She was arrested Sept. 9 at a county clinic in Ontario.

The complaint filed against Davis and her co-defendants alleges that members of the group used firearms in the commission of the alleged crimes.

Davis remained jailed Thursday at the Century Regional Detention Facility in Lynwood in lieu of $315,000 bail.

She is scheduled to appear in Pomona Superior Court on Friday for a preliminary hearing, said a spokeswoman for the Los Angeles County District Attorney's Office.

According to the complaint, Davis has prior felony convictions from the 1990s in San Bernardino County for receiving stolen property, possession of drugs, possession of drugs for sale, and forgery.

The Riverside County Superior Court system will close one day a month, beginning in October and lasting through through June 2010, as part of a cost-cutting effort, the court's executive officer announced.

In her letter announcing the closure dates, Court Executive Officer Sherri R. Carter cited "the unprecendented statewide fiscal crisis and judicial branch budget reductions" as the reasons for the move.

The first closure date is Oct. 21, and closures will follow the third Wednesday of every month through June 2010, Carter said.

Cases scheduled for hearings on closure dates will be rescheduled, and affected parties will be notified of the new dates, Carter said.

Riverside County's announcement follows similar moves at superior court systems in Los Angeles and San Bernardino counties.

All the closure dates:

Oct. 21, 2009

Nov. 18, 2009

Dec. 16, 2009

Jan. 20, 2010

Feb. 17, 2010

March 17, 2010

April 21, 2010

May 19, 2010

June 16, 2010

A Rancho Cucamonga man faces a three-year prison sentence after pleading no contest this week to committing lewd or lascivious acts with a child.

Prosecutors accused Jose Luis Chavez, 26, of offering a 13-year-old boy drugs and alcohol at his Amethyst Street house, then showing him pornography in an attempt to get him to engage in sexual activity.

Chavez appeared in West Valley Superior Court on Monday for a preliminary hearing, but rather than proceed with the hearing he opted to take a plea bargain from prosecutors, said Deputy District Attorney Karen Schmauss.

If convicted on all counts at trial, he faced up to 10 years in state prison, Schmauss said.

Chavez lured the boy to his home by inviting him to play video games, according to authorities.

He is set to be sentenced Oct. 20. As part of his plea bargain, Chavez will also be required to register as a sex offender for the rest of his life, Schmauss said.

RANCHO CUCAMONGA -- Criminal proceedings were suspended this week against an Ontario man accused of stabbing an 8-year-old girl and her father after a judge said he had doubts about the defendant's mental competence.

Gregory Robert Stefan, 28, was ordered during a Tuesday court appearance to undergo medical treatment following the ruling by Judge Michael Libutti.

Stefan faces two counts of attempted murder for allegedly stabbing a girl and her father in May at the Dave and Buster's restaurant at the Ontario Mills mall.

His motive for the alleged attack is unclear. Stefan and his two alleged victims did not know each other, and did not interact prior to the incident.

Stefan is accused of stabbing the girl at the table where her family was eating, then attacking the girl's father when he came to her aid.

Stefan made cryptic and unintelligible remarks during the incident and immediately afterward, and was unresponsive when Ontario police attempted to interview him after his arrest, according to police reports attached to Stefan's court file.

Stefan is scheduled to next appear in West Valley Superior Court on Nov. 3 for a hearing related to his mental-health treatment.

He remained jailed Wednesday in lieu of $2.2 million bail.

LOS ANGELES -- Prosecutors today charged an alleged serial killer with five additional counts of murder, including charges for the 1986 rape, strangulation and robbery of Claremont resident Adrienne Askew.

John Floyd Thomas Jr., 73, now faces seven counts of murder. In addition to Askew's killing, prosecutors allege Thomas murdered three Inglewood women, two Los Angeles women, and a woman in the unincorporated community of Lennox near south Los Angeles.

All the killings took place between 1972 and 1986, according to the amended criminal complaint filed by prosecutors this morning in a downtown Los Angeles courtroom. Thomas was linked to all seven killings by DNA, said Deputy District Attorney Rachel Greene.

Thomas pleaded not guilty to the charges during a brief arraignment hearing this morning at the Clara Shortridge Foltz Criminal Justice Center. Thomas was wearing orange jail-issued clothing -- indicating that he's housed in protective custody -- and his left arm was in a sling.

Police and prosecutors present at this morning's hearing said they didn't know why Thomas's arm was in a sling. He was not wearing a sling during his first court appearance in May.

Click here for background on Thomas's case.

RANCHO CUCAMONGA -- An Ontario man was arrested and charged with committing a lewd act on a child this week for allegedly fondling a 5-year-old boy's genitals at an apartment complex pool.

Sukhwinder Singh, 18, pleaded not guilty to the charge this morning in West Valley Superior Court. He told police when he was arrested that he only tickled the boy.

Both Singh and the boy are residents of an apartment complex at 1352 W. Fifth St. in Ontario. On Tuesday, Singh and the boy were both swimming in the pool at the complex.

The boy told police that Singh tickled him, then put his hands in the boy's swimsuit and touched his genitals. The boy told police that Singh committed the act four times, according to a police report attached to Singh's court file.

Singh told police that he moved into the apartment complex on about Aug. 17, and he has gone swimming every day.

He told Ontario police officer Randy Barron that he wanted to make friends with the boy, who was swimming with a 7-year-old friend, and tickled the boy when he was in the pool.

Barron wrote: "I asked (Singh) if he thought it was strange that he was playing with a little kid and he stated that he makes friends with everyone and no matter what age the person is he will make friends if they want to be a friend."

The boy's 7-year-old friend told police he saw Singh's hand in his friend's swimsuit.

Singh, who was born in Chandigarh, India, told police that he is a student at Universal Technical Institute in Rancho Cucamonga.

He remained jailed this afternoon at West Valley Detention Center in Rancho Cucamonga in lieu of $100,000 bail. He is next due in court on Thursday.

View Sukhwinder Singh apartment complex in a larger map

By Jannise Johnson

Created: 09/03/2009 08:10:20 PM PDT

A former Fontana bookkeeper and office manager will serve a year in federal prison for embezzling from a shelter that serves homeless women and children.

Barbara Alvarado, 32, of Fontana was sentenced Monday afternoon following her guilty plea in February, according to a United States Attorney news release.

Alvarado pleaded guilty Feb. 23 to two counts of misapplication of property from an organization receiving federal funds.

Alvarado admitted that between 2003 and 2004 she misappropriated $138,370 from the House of Ruth. Investigators found that through years 2001 to 2004, Alvarado embezzled more than $238,000 from the organizations bank accounts. One of those accounts contained money belonging to homeless women who were saving money in order to become self sufficient.

During the sentencing Monday, Sister Jennifer Gaeta, executive director of House of Ruth, told the court that Alvarado stole jewelry to buy a bigger house, new cars and jewelry, according to the release.

The embezzlement forced the organization to sell one of its properties in order to cover the budget shortfall. This action led to 80 women and their children being denied help because the facility was no longer available.

Alvarado has made no attempt to pay her former employer back, said Alka Sagar, assistant United States attorney with the major frauds section.

"She never apologized to her employers and she never made any attempt to pay any of that money back," Sagar said.

"It really is a terrible crime that someone would stoop so low to take money from the most vulnerable in society."

In addition to the prison sentence, Alvarado will serve three years of supervised release. The supervised release will include one year of home detention.

The case was investigated by the Department of Housing and Urban Development, Office of the Inspector General.

Pictured (L-R): Jessica de la Torre and Victor Aaron Alburto Lozada.

RIVERSIDE -- A jury found an Upland man guilty of second-degree murder this afternoon for his alleged role in the brutal 2003 robbery, rape and killing of an 18-year-old Ontario woman.

Prosecutors accused Victor Lozada, who turned 36 today, of assisting two co-conspirators -- primarily by giving them car rides -- in the course of the Aug. 15, 2003 killing of Jessica de la Torre.

When he testified last week, Lozada said that he granted his friends a series of favors, not knowing until afterward that his friends were in the process of carrying out a plan to rob and kill De la Torre.

This morning in Riverside Superior Court, it appeared Lozada's murder trial -- his third -- would end in a mistrial because of a deadlocked jury, as his previous two trials had.

The jury notified the court that 10 jurors favored a guilty verdict for first-degree murder, one favored not guilty, and another was undecided, said Lozada's defense attorney, Mike Schaaf.

If the jury had been unable to break its deadlock, a mistrial could have been declared this afternoon, as early as 2 p.m., Schaaf said.

Instead, jurors notified the court at 2:45 that they had reached a unanimous verdict -- for second-degree murder. The conviction carries a mandatory state prison sentence of 15 years to life.

Lozada, a Mexico native, is set to be sentenced Oct. 1. He will be eligible for parole in 2018 if he is sentenced to 15 years to life.

Lozada's two alleged co-conspirators -- Jesus Penuelas and Sergio Arias -- were both convicted of first-degree murder. Penuelas was sentenced to death, and Arias to life without the possibility of parole.

Prosecutors allege Penuelas set out to rob De la Torre, his co-worker at an Ontario market, when he learned that her father had saved $7,000 to buy De la Torre a car for her 19th birthday.

In the course of obtaining the woman's ATM card and PIN number, prosecutors allege Penuelas and Arias jabbed the woman with knives. They also accused Penuelas of raping De la Torre and setting her house on fire in an attempt to destroy evidence.

Penuelas killed De la Torre by running her over with her father's car in the Jurupa Mountains, prosecutors said.

The turning point in the jury's deliberations today was an instruction read to them by Judge Ed Webster after jurors announced they were deadlocked, Schaaf said.

The instruction, known as the "dynamite instruction," encourages deadlocked jurors to consider the positions of other jurors, Schaaf said.

"I hate it," Schaaf said. "It's a terrible instruction. But the (U.S.) Supreme Court has looked at it and apparently they're fine with it. I think it demeans the entire process."

Schaaf said that the juror who initially favored a not-guilty verdict was adamant in his position. The final verdict appeared to be a compromise between jurors, Schaaf said.

"If the instruction had not been read, it would have been deadlocked," Schaaf said. "It would have been a hung jury, based on what we know."

If the jury had remained deadlocked, a mistrial would have been declared and the Riverside County District Attorney's Office would have likely refiled the case.

When the verdict was read, Lozada "was fine with it," Schaaf said.

"He's been in jail for six years, as you know, and he, I guess, resigned himself to something like this," Schaaf said.

Pictured (L-R): Jessica de la Torre and Victor Aaron Alburto Lozada.

A Riverside Superior Court jury found Victor Lozada guilty of second-degree murder this afternoon for his alleged role in the 2003 robbery, rape and killing of 18-year-old Jessica de la Torre of Ontario.

The jury announced this morning that it was deadlocked 10 to 2, with 10 jurors favoring guilty verdicts for first-degree murder, one juror favoring not guilty, and another juror unable to reach a conclusion, said Mike Schaaf, Lozada's defense attorney.

Lozada, of Upland, will likely face a prison sentence of 15 years to life -- the minimum sentence for second-degree murder. Because he has already been in jail for six years, Lozada will likely be eligible for parole in 2018.

Jurors had the option of convicting Lozada of first- or second-degree murder, or of finding him not guilty.

Lozada, a Mexico native, turned 36 years old today. He is scheduled to be sentenced Oct. 1.

Lozada testified last week that he granted two friends a series of favors -- mainly car rides -- in the course of his friends' murder plot, unknowingly involving himself on Aug. 15, 2003 in the brutal robbery, rape and slaying of De la Torre.

Prosecutors alleged he was a "team member" in the plot.

An Ontario man charged Wednesday with attempting to murder his wife is a fugitive from the law, and may have fled to Mexico, his wife told police this week.

Juan Marrufo Cisneros' wife told police that on Aug. 25, Cisneros choked her, repeatedly punched her in the face and sliced her chin with broken glass. He then fled and has not been located by police.

On Wednesday, prosecutors charged Cisneros, 32, with attempted murder, inflicting corporal injury on a spouse, and two counts of assault with a deadly weapon.

Cisneros' wife told police that her husband of nine years became angry after she spanked the couple's middle child. The couple has three children, the woman told police.

Cisneros ordered the children into a separate room, and then initiated the attack on his wife by pushing her, causing her to fall onto a table and break it, the wife told Ontario police officer Khajag Peltekian, according to Peltekian's report.

Cisneros then straddled his wife as she lay on the ground. He punched her in the face several times, pounded her head into the ground, and began to choke her, the wife told police.

Fearing for her life, the wife said she found a piece of broken glass on the ground and swung it at Cisneros. She told police she wasn't sure whether she hurt Cisneros with the glass.

Cisneros then picked up a piece of glass and swung it at his wife, slicing her chin, the wife told police. He fled the home in the 600 block of East Phillips Street on foot.

When police arrived at the home after receiving a 9-1-1 call, Cisneros' wife was sitting on the sidewalk in front of the home, bleeding from her chin.

Her hands and the front of her shirt were covered with blood, Peltekian wrote.

In a follow-up interview Monday, Cisneros' wife told police that her husband probably fled to Mexico. She said she hadn't seen him since the night of the alleged attack.

Bail for Cisneros was set at $400,000 when his case was filed.

Pictured (L-R): Jessica de la Torre and Victor Aaron Alburto Lozada.

*** UPDATE ***

A mistrial was not declared prior to the court's noon break in the Victor Lozada murder trial, said Lozada's attorney, Mike Schaaf.

Jurors are set to return to court at 1:30 p.m. to continue deliberating, and if the jury remains deadlocked 10-2 a mistrial could declared by 2, Schaaf said.

"We should hear something for sure by two," Schaaf said.

Ten jurors favor a guilty verdict for first-degree murder, one juror can't make a decision, and another juror favors a not-guilty verdict, Schaaf said.

"There's one juror that's very adamant that he's not guilty," Schaaf said.

*** 11:12 A.M. POST ***

RIVERSIDE -- Jurors announced this morning that they were deadlocked 10-2 in favor of a guilty verdict for Victor Lozada, an Upland man charged with murder for his alleged involvement in the brutal 2003 robbery, rape and killing of 18-year-old Jessica de la Torre of Ontario.

Lozada's attorney, Mike Schaaf, said that 10 jurors favor a guilty verdict for first-degree murder, one juror favors acquittal, and another juror can't decide whether Lozada is guilty or not guilty.

The judge overseeing Lozada's trial in Riverside Superior Court is expected to instruct jurors to continue deliberating. But if the jury remains deadlocked a mistrial could be declared as early as this morning, Schaaf said.

Lozada's current murder trial is his third. The first two trials ended in mistrials after juries deadlocked 11-1 in favor of guilty verdicts.

Pictured (L-R): Jessica de la Torre and Victor Aaron Alburto Lozada.

RIVERSIDE -- Jurors announced this morning that they were deadlocked 10-2 in favor of a guilty verdict for Victor Lozada, an Upland man charged with murder for his alleged involvement in the brutal 2003 robbery, rape and killing of 18-year-old Jessica de la Torre of Ontario.

Lozada's attorney, Mike Schaaf, said that 10 jurors favor a guilty verdict for first-degree murder, one juror favors acquittal, and another juror can't decide whether Lozada is guilty or not guilty.

The judge overseeing Lozada's trial in Riverside Superior Court is expected to instruct jurors to continue deliberating. But if the jury remains deadlocked a mistrial could be declared as early as this morning, Schaaf said.

Lozada's current murder trial is his third. The first two trials ended in mistrials after juries deadlocked 11-1 in favor of guilty verdicts.

POMONA -- Two men who beat a prominent Claremont Realtor nearly to death in the course of burglarizing his home will spend more than two decades in state prison.

Robert Lamonte Jones, 21, and Messigh Liketin Perry-Garner, 16, each pleaded no contest today to multiple criminal charges that carry a total prison sentence of 23 years and 4 months, said Deputy District Attorney Stefan Mrakich.

Jones and Perry-Garner, both of Pomona, were accused of breaking into the home of Vincent Gottuso on Jan. 20 in the 700 block of West Tenth Street.

As the men were ransacking the house, Gottuso, 62, arrived home. Jones and Perry-Garner then beat him severely with a rifle and a shotgun, nearly killing the veteran Realtor.

The mens' case was set to go to trial today in Pomona Superior Court when they opted to take prosecutors' plea offer rather than risk a life sentence if convicted following a jury trial.

Jones pleaded no contest to attempted murder and residential burglary. Perry-Garner pleaded no contest to attempted murder and residential robbery.

Jones and Perry-Garner are scheduled to be sentenced on Oct. 8, Mrakich said.

Mrakich said that he spoke to Gottuso today, and Gottuso said he was satisfied with the prison terms for Jones and Perry-Garner.

"We agreed that was the most appropriate sentence for this particular case," Mrakich said.

Gottuso, who owns Century 21 Prestige Properties offices in Claremont and Upland, did not return calls seeking comment this afternoon.

According to police testimony during a March preliminary hearing, Jones and Perry-Garner beat Gottuso so severely that the Realtor's wife did not recognize him when she arrived home and found him bloodied and lying on a couch.

The two men entered Gottuso's home after stacking bricks for use as a step stool below a first-floor bedroom window.

Gottuso told police that when he arrived home, he found Jones and Perry-Garner in his home, according to preliminary hearing testimony.

"They just started beating him severely," Claremont police detective Hector Tamayo testified at the hearing. "They were like animals, is how he described it."

Police believe the men left Gottuso in the home thinking he would die from his injuries. Gottuso suffered large cuts on his head -- ranging in length from 5 to 8 inches, Tamayo testified.

The attackers were arrested in the days following the attack at Claremont West Suites, 475 E. Foothill Blvd. in Pomona, a low-rent motel where police believe the men were living.

Police found numerous items stolen from the Gottuso home in the brothers' motel room.

Gottuso's sister said following the March hearing that Gottuso had returned to his daily real-estate work, though with reduced hours.

A third man arrested in the case is unlikely to face criminal charges, Mrakich said.

Kenyaya Deshon Harris, 33, was arrested on suspicion of receiving stolen property. Harris was accused of selling items to a Pomona pawn shop that had been taken from the Gottuso home.

When police contacted Harris he was cooperative, Mrakich said, and he helped lead authorities to Jones and Perry-Garner.

At the sentencing hearing for Jones and Perry-Garner, Gottuso, his family and the defendants will have an opportunity to address the court prior to sentencing, Mrakich said.

Oct. 15, 2009 CORRECTION: A previous version of this blog post identified Jones and Perry-Garner as brothers. They are not related. The men told Claremont police officers they were brothers when they were arrested.

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POMONA -- Two burglars who beat a prominent Claremont Realtor nearly to death in the course of burglarizing his home will spend more than two decades in state prison.

Robert Lamonte Jones, 21, and Messigh Liketin Perry-Garner, 16, each pleaded no contest today to multiple criminal charges that carry a total prison sentence of 23 years and 4 months, said Deputy District Attorney Stefan Mrakich.

Jones and Perry-Garner, of Pomona, were accused of breaking into the home of Vincent Gottuso on Jan. 20 in the 700 block of West Tenth Street.

As the men were ransacking the house, Gottuso, 62, arrived home. Jones and Perry-Garner then beat him severely with a rifle and a shotgun, nearly killing the veteran Realtor.

Jones and Perry-Garner are scheduled to be sentenced on Oct. 8 in Pomona Superior Court, Mrakich said.

Oct. 15, 2009 CORRECTION: A previous version of this blog post identified Jones and Perry-Garner as brothers. They are not related. The men told Claremont police officers they were brothers when they were arrested.

Gregory Robert Stefan rejected a plea offer from prosecutors in a court appearance this morning for 15 years and 4 months in state prison.

Stefan, 28, is charged with two counts of attempted murder and faces up to 38 years to life in prison if convicted of all charges.

According to prosecutors, Stefan, of Ontario, stabbed an 8-year-old girl and her father on May 30 at the Dave and Buster's restaurant at the Ontario Mills mall.

Prosecutors believe the attack was random, because Stefan and his alleged victims did not know each other prior to the incident, and did not interact at the restaurant prior to the stabbing.