June 2010 Archives

RANCHO CUCAMONGA -- Jurors heard opening statements from attorneys today in a man's murder trial for allegedly stabbing another man to death in 1992 at an illegal warehouse party.

A prosecutor told jurors that Freddy Najarro, 36, stabbed an unarmed Riverside man 13 or 14 times at the party in Rancho Cucamonga after becoming angry about the way the man watched Najarro dance with his girlfriend.

During his opening statement, Deputy District Attorney John Patrick Thomas projected a photo in the courtroom depicting 19-year-old Dennis Smalling lying unclothed on a hospital gurney.

"This is the ultimate result of that confrontation: Dennis Smalling laid out on a gurney -- dead," Thomas told jurors in West Valley Superior Court.

The investigation into Smalling's death went cold after San Bernardino County sheriff's detectives were unable to identify Smalling's killer in an image captured from video footage of the party.

It remained cold until last year, when a woman browsing cold-case photos on a newspaper website saw the image of Smalling's killer -- she knew the man was Najarro, and she anonymously provided the tip to detectives, Thomas told jurors.

In the defense opening statement, Najarro's attorney did not dispute that the Pomona man was involved in a fight with Smalling.

But Gary Wynings characterized their scuffle as mutual -- with Najarro pitted against an opponent four inches taller than him.

"Mr. Smalling is beating the crap out of Mr. Najarro, according to several accounts you will hear," Wynings told jurors.

Najarro and Smalling did not know each other prior to the May 15, 1992 party illegally staged in a vacant warehouse at 12027 Arrow Route, just west of the 15 Freeway, Thomas said.

Smalling went to the party with three friends, and Najarro went with his girlfriend and his brother, Thomas said.

Before visitors were admitted into the party, they were searched at the door for weapons. But Najarro, who was friends with some of the organizers, was not checked, Thomas said.

After attorneys in the case gave opening statements, Thomas called his first witness: Michael Alva, a friend of Smalling's who was beside him when he was stabbed.

Before the stabbing, Alva said he spotted Smalling standing near the dance floor. He appeared tense, and his body language seemed to indicate something was wrong.

"I'm just thinking, 'There's something not right here,'" Alva testified.

Alva said he walked over and stood beside Smalling, whose eyes were locked on a man on the dance floor. Alva said he saw both men gesture at each other.

When Smalling's adversary called used a racial epithet to describe Smalling -- who was black -- they began to fight, according to Alva.

"It was like instantly they started fighting," he testified.

As Smalling punched the man in the face, his adversary pulled a knife or ice pick out of his pocket and repeatedly stabbed Smalling, Alva recalled.

During his testimony, Alva identified Najarro in court as the man who fought with Smalling.
After the fight, Alva said he found Smalling lying near one of the warehouse exits.

"He was lying down on his back and his intestines were out," Alva said. "I saw his intestines."

Smalling's friends rushed him to Kaiser Permanente Medical Center in Fontana. He was in full cardiac arrest by the time they arrived at the hospital, where he was pronounced dead.

In his cross-examination of Alva, Wynings' questions emphasized Smalling's aggressive actions during the fight -- as if to bolster his self-defense theory in Smalling's death.

During the struggle between Smalling and Najarro, several lights and a sound system were toppled, causing the warehouse to go dark.

Wynings questioned Alva about what he saw once the interior of the warehouse went black.

"So you can't really say what happened to Dennis after the lights went out, right?" Wynings asked.

"Correct," Alva responded.

RANCHO CUCAMONGA -- An 81-year-old Upland man is facing criminal charges for allegedly molesting a boy from his neighborhood last week after asking the child for help moving furniture in his home.

Clarence Grover Gordon, a retired steelworker, is a fixture at Upland City Council meetings. He often speaks during the public comment segment of the meetings, offering opinions on a wide range of city issues.

He was arrested June 18 after allegedly molesting the boy at his home in the 2200 block of Wendy Way.

Gordon was charged Tuesday with committing a lewd act on a child under 14, a charge that carries a prison sentence of up to eight years.

He pleaded not guilty to the charge Wednesday in West Valley Superior Court, and remains jailed in lieu of $250,000 in West Valley Detention Center in Rancho Cucamonga.

In a 2005 Daily Bulletin article about Gordon, the married father of two said he has lived in Upland since the 1950s, but didn't begin attending City Council meetings until the early 1990s.

"I didn't like the way things were going in the city, but I was too busy when I was younger to do anything about it," Gordon said in the article. "I think people should know what's going on in the city and do something about what they don't like."

According to a police report attached to Gordon's court file, Gordon has known the boy's parents for several years.

So when he walked to their home seeking help at about 11:30 a.m. on June 18, the boy's mother felt comfortable allowing her son to go to Gordon's house.

Once the boy was inside Gordon's home, the retiree sat down on his living room couch and told the boy to sit down next to him. No one else was in the house because Gordon's wife had left earlier that day to tend to her daughter's dogs.

According to the police report, the boy told officers that Gordon began touching his genitals, and continued touching him for 15 to 30 minutes.

"(The boy) said he told Gordon to stop three times," Officer Gabriel Garcia wrote in a police report attached to Gordon's court file. "(The boy) told Gordon he did not like it.

"Gordon said, 'No, enjoy it. Enjoy it.' (The boy) said it did not feel good and he told Gordon to 'please stop.'"

When police interviewed Gordon the day of the alleged molestation, he admitted he touched the boy's genitals, but he said the boy consented to the touching, according to the police report.

"I asked Gordon how old he thought the victim was, and he answered, '12,'" Detective John DiVincenzo reported. "I asked Gordon how many children he had. He answered, 'A daughter and a son.'

"I asked him, having been a parent of once-small children, if he thought it was appropriate for him, someone outside the family, to have a boy pull down his pants in his home and touch his penis. Gordon agreed it was wrong."

POMONA -- A prosecutor announced today that the Los Angeles County District Attorney's Office will not retry a former Christian school principal on charges that he sexually abused students.

John Asher's eyes welled with tears after his case was dismissed in Pomona Superior Court.

"I don't know what to say except, I guess, I'm just finally grateful that after 38 months the truth has been revealed, that this is over and I can get on with my life," Asher said.

Asher was arrested and charged with four felonies in 2007 after two students accused the 50-year-old of sexually abusing them nearly a decade ago at Life Center Christian School in Pomona.

A jury acquitted Asher on three felony counts in May, and deadlocked 8-4 in favor of acquittal on a fourth count.

Prosecutors had the option of retrying Asher on the fourth count -- for allegedly raping a student who was sent to his office to be disciplined.

Asher's prosecutor, Deputy District Attorney Miji Vellakkatel, said in an interview that a decision not to retry Asher was made after speaking to Asher's accuser and her parents, and after further investigation in the case.

After Asher's trial, investigators interviewed a student who was identified as a possible victim because she was often alone with Asher. He often gave the girl a ride home.

The student said Asher never abused her, Vellakkatel said.

The prosecutor said criminal charges could be refiled against Asher if authorities discover new evidence in the case, "whether it's another victim or witness that could assist us in prosecuting the case."

Judge Mike Camacho granted a defense motion to dismiss Asher's case after Vellakkatel announced prosecutors would not pursue a retrial.

"Mr. Asher is excused. That's it," Camacho said.

After the hearing, Asher hugged his attorney and two supporters in the hallway outside Camacho's courtroom.

When asked why he believes the former students accused Asher of sexual abuse, Asher's attorney, David Robert Cohn, said, "We don't have a clue. You can speculate about all kinds of things."

The student who accused Asher of raping her first came forward in 2004, but criminal charges weren't filed until three years later, when a student accused Asher of touching her sexually during the 2000-2001 school year.

The second alleged victim said in her trial testimony that she was unaware of the other student's rape allegation when she came forward.

Asher's defense implied the two students may have collaborated in their accusations.

RANCHO CUCAMONGA -- A prosecutor said today that a decision hasn't been made on whether to retry a commercial driver whose runaway dump truck smashed into another vehicle, killing its driver.

Adam Ahlberg made his first court appearance today since a jury acquitted him of a felony and deadlocked on a misdemeanor for the June 16, 2006 death of Angel Calzada in Rancho Cucamonga.

A mistrial was declared after the jury failed to reach a verdict on the misdemeanor, and prosecutors have the option of retrying Ahlberg, 30, for vehicular manslaughter.

"We don't know if there's going to be a retrial on the Ahlberg case yet," said Ahlberg's prosecutor, Deputy District Attorney Charles Feibush.

Feibush said Ahlberg was ordered at today's hearing to return to West Valley Superior Court on July 7 for a pre-trial hearing.

Ahlberg's former employer, Clark Grading Inc., also faces criminal charges and has a court hearing that day, Feibush said.

Asked why a decision hasn't been made yet on a retrial, Feibush said, "We're looking at all possibilities, and these things take time."

Calzada, a Rancho Cucamonga city employee, was pronounced dead at the scene after Ahlberg's truck collided with his Ford F-250 at Archibald Avenue and Arrow Route.

Ahlberg's brakes failed at the northern end of Archibald, and he reached speeds of up to 70 mph as he traveled south on the street's downhill slope.

He blew through several stop signs and red lights before colliding with Calzada's truck.

Prosecutors allege Ahlberg and Clark Grading knew the truck had faulty brakes and failed to properly repair them.

RANCHO CUCAMONGA -- Jury selection began today in a man's murder trial in West Valley Superior Court for allegedly stabbing a Riverside man to death 18 years ago.

Freddy Najarro, 36, is accused of killing 19-year-old Dennis Smalling on May 15, 1992 at a warehouse party in Rancho Cucamonga.

Smalling's death remained unsolved until last year, after San Bernardino County Sheriff's detectives distributed playing cards in local jails with information about cold cases.

Najarro allegedly stabbed Smalling because he was unhappy with the way Smalling eyed his girlfriend at the party, according to authorities.

Najarro's attorney argued at his preliminary hearing at Smalling was the aggressor in the incident.

A Fontana teen pleaded not guilty Monday to a felony charge alleging he pointed a laser at a police helicopter.

Martin Anthony Perez, 18, was arrested May 8 after police say he shined a laser at a Fontana police helicopter in the area of Alder and San Bernardino avenues.

At Perez's arraignment Monday in Fontana Superior Court, the San Bernardino County Public Defender's Office was appointed to represent him. He is next due in court June 29.

RANCHO CUCAMONGA - A local attorney was sentenced Monday for embezzling more than $40,000 from a client.

Catherine Brame, 53, was sentenced in West Valley Superior Court to 120 days in jail. Judge Raymond P. Van Stockum also placed the Rancho Cucamonga woman on probation for three years and ordered her to repay the embezzled sum.

Brame pleaded no contest last month to a felony embezzlement charge filed after she allegedly emptied a bank account she controlled for a divorce client.

Her client, a Riverside County man who spoke at Brame's sentencing hearing, sold a Juice It Up franchise during his divorce proceedings that he owned jointly with his wife.

Because the couple's divorce case was unresolved, proceeds from the sale were placed in an bank account controlled by Brame. Prosecutors allege she took more than $40,000 from the account.

As part of a plea bargain reached with prosecutors, Brame said she would agree to be disbarred, Deputy District Attorney Mary Izadi said.

RANCHO CUCAMONGA -- An alleged drunken driver accused of killing a man last weekend in a traffic collision pleaded not guilty today to gross vehicular manslaughter and other criminal charges.

Albert Gilbert Ruiz allegedly drove over a landscaped median that divided traffic on Church Street in Rancho Cucamonga. He collided head-on with a car driving in the opposite direction.

The driver of the other car, 64-year-old Paul Lawrence Martin, was killed in the crash, which occurred at about 9:15 p.m. Sunday just west of Elm Avenue.

One of Martin's children, Jessica Cortez, said in an interview today at her father's home that Martin had recently "semi-retired." He had lived in Rancho Cucamonga since 2001, Cortez said.

"He was just the best person," said Cortez, the youngest of Martin's four children. "Everyone that knew him knew that."

Ruiz, of Rancho Cucamonga, was charged Thursday with four felonies. The most severe charge -- gross vehicular manslaughter while intoxicated -- carries a maximum prison sentence of 10 years.

Ruiz, 23, remained jailed Friday in lieu of $300,000 bail at West Valley Detention Center in Rancho Cucamonga. He suffered minor cuts and bruises in the crash.

He is next due in court June 28. A preliminary hearing in the case, in which prosecutors must present evidence for a case to proceed to trial, is scheduled for June 30.

As Ruiz sat in his car at the accident scene, he reportedly told a San Bernardino County sheriff's deputy that he drank "way too much beer" before driving. He also said, "Did I kill someone?" according to the deputy's report.

A breath test at the scene measured Ruiz's blood-alcohol level as 0.15. A blood sample yielded a result of 0.16 -- twice the legal limit, according to a report attached to Ruiz's court file.

A deputy interviewed Ruiz beside his hospital bed at Arrowhead Regional Medical Center in Colton. Ruiz's court file contained a transcript of the interview.

Ruiz told the deputy that before the crash, he was at a friend's house in Rancho Cucamonga watching the Celtics defeat the Lakers in Game 5 of the NBA Finals.

He told the deputy that he drank so much at the gathering that his friends were trying to keep him from leaving. He estimated he had seven beers.

"They didn't want me to leave 'cause I couldn't drive," Ruiz told sheriff's Deputy Chad Foytik, according to the transcript.

"They didn't want me to leave. I kinda snuck away. I remember driving. I remember seeing, passing, seeing the street lights."

Ruiz told the deputy he remembered driving on Church, but couldn't remember crashing into Martin's car.

"I just remember going that way," he said. "I don't remember the accident. I don't remember hitting stuff."

Authorities believe there may have been another man in Ruiz's car who left the scene after the collision. Ruiz told deputies he was driving alone.

But the passenger-side airbag on Ruiz's 2005 Nissan Sentra deployed after the crash.

Witnesses also told deputies that they saw a man walking around near the Sentra after the crash, acting frantic. He left the area before paramedics arrived.

A witness told deputies that the man, who was wearing a purple Lakers jersey, was rubbing his head and pulling his hair. More than once he said, "I gotta get out of here," witnesses told authorities.

Pictured: Joshua Hall, the prison barracks McDougald allegedly set ablaze.

CHINO -- An inmate accused of participating in last year's riot at the California Institution for Men pleaded not guilty Thursday to arson.

Caris Lynn McDougald, 24, is accused of setting fire to a barracks during the disturbance in August in the Reception Center-West section of the prison.

More than 300 inmates were injured during the 12-hour riot, which was described in a prison report as a "racial disturbance" between inmates.

A corrections officer who worked to quell the riot reported seeing McDougald add flammable material to a fire at a barracks. The inmate also allegedly lit a towel on fire and threw it onto the roof of the building.

Thursday was McDougald's first appearance in Chino Superior Court. The San Bernardino County Public Defender's Office was appointed to represent him. The inmate is next due in court Wednesday.

A prosecutor said McDougald's case is "one of the first, if not the first" criminal prosecutions related to the riot. Eighty-eight inmates have been charged with rules violations by the Department of Corrections.

POMONA -- An Azusa man was convicted of first-degree murder Thursday for the fatal stabbing of his cousin's wife, whose body was left in an abandoned van two years ago beside Pomona Superior Court.

A jury of seven men and five women deliberated for about five hours before convicting 36-year-old Joseph Gary Orta.

Orta faces at least 26 years to life in prison. His sentencing is scheduled for July 14.

Prosecutors accused Orta of stabbing Eileen Nicole Ponce-Orta, 22, in the neck, then wrapping her body in a blanket and leaving her in a van beside the courthouse on Feb. 15, 2008.

The woman's relatives discovered Ponce-Orta's body after police told them to pick up the woman's abandoned van. Ponce-Orta's mother, Tracy Ponce, was one of the relatives who discovered the woman's body.

"The family of Eileen Ponce is extremely happy that we got a guilty verdict," Tracy Ponce said after the verdict was read Thursday afternoon. "We got justice for Eileen and for (her daughter) Alina, so we're excited for that."

Ponce-Orta, of Covina, had been unhappy in her marriage, and the month before her death she began an affair with Orta -- her husband's cousin -- who had recently been released from prison for stabbing his stepfather.

Orta, Ponce-Orta and the woman's daughter, now 5, spent the final days of Ponce-Orta's life together. Prosecutors believe a break in the relationship between Orta and Ponce-Orta may have led to the woman's killing on Valentine's Day.

In his testimony during the trial, Orta said that the day before Ponce-Orta was found dead, she left him with her daughter at a park in Pomona and set off in her van to buy marijuana.

Orta said he never saw the woman again. And when Ponce-Orta's body was left beside the courthouse in the early morning hours of Feb. 15, Orta was asleep in a Fontana motel, he claimed in his testimony.

In her closing argument, Deputy District Attorney Stacy Okun-Wiese told jurors that Orta's story was a "fairy tale."

Tracy Ponce said that when the guilty verdict was read, Orta's reaction was difficult to read. "I didn't see any reaction on him," she said. "I thought I saw a smirk on his face."

Orta's defense attorney told the victim's family as she left the courtroom that the case would be appealed, Tracy Ponce said.

"We expect appeals and I'll be there for every one," she said. "... At least right now he's where he's supposed to be -- in jail behind bars."

Tracy Ponce, of La Puente, said that long before Orta's trial, she began working on a statement to read aloud in court at his sentencing.

"I'm going to remind him of who he hurt, and that's Eileen's daughter, Alina," she said. "She has to grow up with no mommy. That's mostly what I'm going to talk about."

After Ponce-Orta's killing, the woman's husband and daughter had their last names changed to Ponce -- removing Orta to symbolically cut ties with the Orta family, Tracy Ponce said.

"There are no Ortas in our house any more," she said.

From the Associated Press:

WASHINGTON -- The Supreme Court on Thursday upheld the search of a police officer's personal, sometimes sexually explicit, messages on a government-owned pager, saying it did not violate his constitutional rights.

Read the court's ruling: 08-1332.pdf

The court was unanimous in reversing a federal appeals court ruling that sided with the Ontario, Calif., SWAT team officer.

Justice Anthony Kennedy wrote for the court that the officer, Sgt. Jeff Quon, could not assume "that his messages were in all circumstances immune from scrutiny."

But Kennedy said the court purposely avoided a broader ruling about employees' expectations of privacy when using equipment provided by their employers because of rapid and unpredictable changes in technology.

The Ontario department discovered many personal messages, including some that were said to be sexually explicit, when it decided to audit text message usage to see whether SWAT team officers were using their pagers too often for personal reasons.

Many employers tell workers there is no guarantee of privacy in anything sent over their company- or government-provided computers, cell phones or pagers.

Ontario has a similar policy, but a police official also informally told officers that no one would audit their text messages if the officers personally paid for charges above a monthly allowance.

The 9th U.S. Circuit Court of Appeals in San Francisco said the informal policy was enough to give the officers a "reasonable expectation of privacy" in their text messages and establish that their constitutional rights had been violated.

Kennedy said that it is true that many employers accept or tolerate personal communications on company time and equipment. But he suggested that employees who want to avoid the potential embarrassment of having those communications revealed might "want to purchase and pay for their own" cell phones and other devices.

Joshua Dressler, an Ohio State University law professor, said the court probably was wise to rule narrowly.

"With modern technology quickly moving in directions the justices could not have imagined even a decade ago, it is increasingly obvious that the Supreme Court will need to determine the limits of government surveillance of our cell phone conversations, text messages, and other non-wire transmissions," Dressler said.

POMONA -- A 29-year-old man who potentially faced a life sentence in a man's shooting death reached a plea agreement with prosecutors that carried a four-year sentence.

Andrew Lopez Jr. was charged with murder for the killing of Rudy Partida, 38, who was shot to death June 14, 2009 in a home in the 2300 block of Gambier Drive in Pomona.

Because the murder charge in prosecutors' complaint carried allegations that Lopez, of Pomona, used a gun and killed Partida to benefit a gang, he could have faced a prison sentence of at least 75 years to life.

First-degree murder, as well as gun and gang allegations, each carry sentences of 25 years to life.

Lopez's sentence could have been further lengthened because of his criminal history. He had five felony convictions between 2002 and the time of the shooting, prosecutors alleged.

When Lopez appeared in Pomona Superior Court June 9 for a preliminary hearing, he pleaded no contest to involuntary manslaughter and a weapons charge as part of a plea bargain.

Lopez was sentenced to four years in prison.

Lopez's prosecutor, Deputy District Attorney Bjorn Dodd, referred questions about the case to the Los Angeles County District Attorney's public relations staff.

"After a careful evaluation of the existing evidence, we felt that the plea and sentence were the most equitable solution to this case," said spokeswoman Shiara Dávila-Morales. "The plea was presented to the court, which approved."

In a court declaration requesting money for forensic testing, Lopez's defense attorney said authorities found gunshot residue on Partida's hands, indicating he may have fired a gun shortly before his death.

RANCHO CUCAMONGA -- A plea agreement for a pastor charged with bigamy has been modified to meet the wishes of the pastor's former wife.

Melvin Lynn Silas, who oversees a church in Bellflower, had previously agreed to serve 120 days in jail for marrying a woman in 2008 while still legally married to his estranged wife.

But a judge rejected the agreement last month after Silas' previous wife said she believed the former Upland resident should be sent to prison.

Silas' new agreement still carries 120 days in jail -- which the 55-year-old can serve on weekends -- and three years of probation.

But if he violates the terms of his probation, Silas could be sentenced to two years in prison, said Deputy District Attorney Theodore J. Smith III.

Silas' former wife said she was satisfied with the agreement Friday when Silas pleaded no contest to a felony bigamy charge, Smith said. Silas is scheduled to be sentenced Aug. 2 in West Valley Superior Court.

FONTANA -- A teen arrested for allegedly pointing a laser at a police helicopter last month has been charged with a felony and is scheduled to be arraigned Monday.

Martin Anthony Perez, 18, was arrested May 8 after he allegedly aimed a laser at a Fontana police helicopter circling overhead at Alder and San Bernardino avenues.

Officers in the helicopter were searching for someone in the area when Perez allegedly shined the laser at about 11 a.m.

After Perez allegedly aimed his laser at the helicopter, officers onboard directed police on the ground to Perez. The Fontana teen reportedly told officers his friend bought the laser on the Internet.

Perez was released from custody the day after his arrest, and on May 21 prosecutors filed a single felony count against him -- for discharging a laser at an occupied aircraft.

POMONA - A prosecutor told jurors today that Joseph Gary Orta's murder case comes down to witness credibility.

And Orta, who in his trial testimony denied stabbing his cousin's 22-year-old wife to death in Pomona two years ago, "told you lie after lie after lie on that stand," said Deputy District Attorney Stacy Okun-Wiese.

A jury of seven men and five women seated to hear Orta's trial began their deliberations this afternoon after hearing closing arguments in Pomona Superior Court from attorneys in the case.

Prosecutors accuse Orta, 36, of fatally stabbing Eileen Nicole Ponce-Orta in February 2008 and leaving the Covina woman's body in a van that was abandoned beside the courthouse.

Orta's attorney, Lesley Sandra Gordon, attacked the credibility of one of the prosecution's key witnesses. Albert Matthew Sandoval testified that he saw Orta with the dead woman they day before her body was discovered.

Sandoval, 22, only came forward with information after he was charged with murder in a separate Pomona killing. Gordon called Sandoval a liar and said he would say anything to "save his skin" in his murder case.

Sandoval reached an agreement with prosecutors to testify in Orta's trial in exchange for a plea bargain that carries a three-year prison sentence. He potentially faced life in prison.

"With his testimony here, Albert went from life to three years - pretty amazing," Gordon said.

Orta and Ponce-Orta began a romantic relationship after Orta, of Azusa, moved into his cousin and Ponce-Orta's apartment the month before her death.

Orta moved out after a week or two, but he testified that he and Ponce-Orta's romantic relationship continued. They spent three days together prior to the woman's death.

Orta testified that Ponce-Orta left him and the woman's two-year-old daughter at a park in Pomona the day before her body was found. According to Orta, Ponce-Orta said she planned to buy marijuana. He claims he never saw her again.

During his testimony Monday, Orta said he cried and was "heartbroken" when he learned two days later that Ponce-Orta had been killed.

Okun-Wiese called Orta's testimony a "fairy tale." Ponce-Orta's relatives testified the woman wouldn't have left her daughter with Orta, and Orta said he never saw Ponce-Orta leave her daughter under similar circumstances.

Prosecutors also disputed Orta's testimony that Ponce-Orta smoked marijuana.

"We know that there was no trace of marijuana in Eileen's system when the autopsy was completed," Okun-Wiese said.

Okun-Wiese told jurors that Sandoval's testimony about seeing Ponce-Orta's body was consistent with evidence in the case. Sandoval accurately identified the color of the woman's toenail polish, as well as the positioning of her body inside the van, Okun-Wiese said.

"This is information that only someone who saw her body would know," Okun-Wiese said.

The prosecutor also highlighted similarities between Ponce-Orta's killing - she was stabbed in the neck - and Orta's stabbing of his stepfather in 2001. Orta was convicted of assault with a deadly weapon in that case, and was released from prison three months before Ponce-Orta's death.

Orta testified that after Ponce-Orta left him at the park with her daughter, he saw an old friend who offered him a ride - first to look for Ponce-Orta, and later to visit several of his relatives.

Prosecutors believe Orta lied about the man. Sandoval and other witnesses testified that they saw Orta with Ponce-Orta's van the day before it was abandoned beside the courthouse.

And Orta's friend - whose full name Orta couldn't remember - was not called as a witness in the trial.

"He's not here," Okun-Wiese said. "And do you know why? Because he doesn't exist. He is made up."

RANCHO CUCAMONGA -- A trucker whose runaway dump truck crashed into a city vehicle four years ago, killing the driver, was acquitted today of a felony vehicular manslaughter charge.

But Adam Ahlberg, 30, could face a second trial for a misdemeanor charge.

A jury had the option of convicting Ahlberg of felony or misdemeanor vehicular manslaughter -- or giving him a full acquittal -- in a West Valley Superior Court trial for the death of longtime Rancho Cucamonga city employee Angel Calzada.

Though all 12 jurors agreed Ahlberg was not guilty of a felony, on the misdemeanor charge they deadlocked 7-5 in favor of an acquittal, attorneys in the case said.

Because the jury deadlocked on the misdemeanor, resulting in a mistrial on that charge, prosecutors will have the option of again bringing Ahlberg's case to trial. Ahlberg might learn prosecutors' plans when he returns to court June 23.

"I don't know at this point," said Deputy District Attorney Charles Feibush. "We'll come back for the pre-trial and litigate it at that time."

Ahlberg, of Riverside, lost control of his dump truck on June 16, 2006 after his brakes failed as he drove south on Archibald Avenue.

He reached speeds of up to 70 mph as he blew through stop signs and red lights on the downhill slope. When he reached Arrow Route, he collided with Calzada's Ford F-250. The 51-year-old was pronounced dead at the scene.

Prosecutors accused Ahlberg and his employer, Clark Grading Inc., of failing to repair recurring brake problems on his truck.

On the witness stand last week, Ahlberg said he believed the brakes had been repaired because the morning of the crash, mechanics placed his truck in the "lineup" for daily use.

Ahlberg also said that he drove 90 miles without brake problems prior to losing control of his truck on the day of the crash.

Ahlberg declined to comment to a reporter this afternoon as he walked away from the courtroom with family members and other supporters.

When asked how Ahlberg reacted to his felony acquittal, his attorney, Mark Gunn, said, "Obviously he was extremely pleased to not have a felony dogging him for the rest of his life."

Gunn said he doesn't believe the San Bernardino County District Attorney's Office should retry Ahlberg, noting that a majority of jurors favored acquittal on the misdemeanor charge.

"But that is their call," Gunn said.

Clark Grading, a Riverside company, also faces criminal charges for Calzada's death. A trial in the company's case is scheduled for next month.

Calzada, a married father of two adult daughters, worked for the city for more than 20 years, and since 1981 had volunteered as a reserve deputy at the Rancho Cucamonga sheriff's station.

Gunn said Calzada's family "is going to be extremely well-compensated" in their civil litigation for the man's death.

An insurance company for Clark Grading has offered the family a $1 million settlement in their wrongful-death case, Gunn said.

LAS VEGAS -- A 69-year-old retired teacher from Ontario was sentenced to death today following a trial in which he was found guilty of murdering his wife.

Jurors deliberated less than two hours this afternoon before reaching a verdict of death in the penalty phase of John Matthus Watson III's trial.

The jury found Watson guilty Thursday of first-degree murder and kidnapping for his wife's killing.

Prosecutors accused Watson of shooting and killing Everilda Watson, 50, during a July 2006 trip to Las Vegas and then cutting her body into pieces with an electric saw. Her body was never recovered.

After he was convicted Thursday, Watson told the jury he wanted the death penalty, according to a report in the Las Vegas Review-Journal.

"I stipulate to that (the death penalty)," Watson said, according to the newspaper. "I agree."

Watson reportedly told a friend prior to his wife's disappearance that he believed the woman planned to leave him and take half of his possessions.

During a trip with his wife to Las Vegas, Watson reportedly rented rooms at two hotels -- one as his regular room, and another to kill his wife.

At the second hotel, Watson wore a disguise and used a false name when he checked in, according to authorities.

Around the time of his wife's disappearance in Las Vegas, Watson bought an electric saw, bleach, incense and odor-absorbent trash bags at a home-improvement store.

Authorities found large amounts of blood in the couple's Jeep, as well as a tarp containing his wife's DNA in a remote part of Tulare County.

When his wife first went missing, Watson told authorities he and the woman got into an argument in Las Vegas and she stormed off.

Investigators believe that Watson, in an attempt to bolster the story about his wife leaving him, used her cell phone to place a call about 30 miles south of Las Vegas.

About a month after the woman's disappearance, as police continued to investigate Watson as a suspect, he was arrested as he left a diner in Claremont. He was wearing a wig and fake mustache.

At the time of his arrest, he had more than $7,000 in cash, driver's licenses with false names, and a bus ticket to El Paso, Texas, according to an investigative summary of the case.

CHINO -- An inmate at the California Institution for Men was charged with arson this week in what a prosecutor described as "one of the first, if not the first" cases related to the prison riot in August.

Prosecutors allege Caris Lynn McDougald, 24, helped set fire to a barracks in the prison's Reception Center-West, where more than 300 inmates were injured in nearly 12 hours of rioting that began Aug. 8.

In an incident report attached to McDougald's court file, correctional officer Lee Rogers writes that he saw McDougald "adding flammable material to a fire that had just been set to the side wall of Joshua Hall."

Rogers also said he observed McDougald light a towel on fire and throw it onto the roof of Joshua Hall.

In a one-count felony compaint filed Thursday, prosecutors allege McDougald's actions casued more than $3.2 million in property damage.

Jeremy Carrasco, the lead deputy district attorney at the Chino branch of the San Bernardino County District Attorney's Office, said today that he can't recall filing charges against any other prisoners involved in the riot.

"I haven't seen any other cases from the prison yet," Carrasco said. "But we will review them if and when they are submitted."

Carrasco said he's not sure when McDougald, who's still imprisoned in Chino, will be arraigned on the arson charge.

A four-page Department of Corrections summary of the riot is attached to McDougald's court file. According to the summary, inmates began to riot at about 8:30 p.m. as they returned to their barracks from their evening meal.

The summary describes the riot as a "racial disturbance" between white, black and Latino prisoners -- a total of about 1,150 inmates.

Rioting prisoners battled correctional officers and each other using improvised weapons such as door knobs, fence posts, broken glass and pipes, according to the summary.

Rogers said he was working in a different part of the prison when he heard on his police radio that a riot was starting in Reception Center-West.

For the next nine and a half hours -- until he was relieved from duty at 6 the next morning -- Rogers worked to regain control of the prison from rioting inmates.

His seven-page account of the riot at times reads like a soldier's description of a battle.

"I then joined a skirmish line to cover the inmates that had taken over the RCW clothing room and canteen," Rogers wrote.

"The inmates were armed with spears made from broom and mop handles, and other inmate-manufactured weapons.

"The inmates located at the clothing room advanced toward staff with their spears and other weapons.

"Numerous officers including myself ordered the inmates to get down, they refused. Numerous officers including myself fired upon the advancing inmates."

The riot was quelled at about 7 a.m. Of 328 inmates who were injured, 54 were taken to hospitals for treatment.

Eighty-eight rioting inmates were charged with rules violations by the Department of Corrections, according to the summary of the incident attached to McDougal's court file.

POMONA - A man accused of fatally stabbing his cousin's wife denied responsibility for the killing in testimony today during his murder trial in Pomona Superior Court.

Joseph Gary Orta testified that the day before Eileen Nicole Ponce-Orta was found dead, she left him with her 2-year-old daughter at Madison Park in Pomona and drove off to buy marijuana.

A half hour passed and she hadn't returned, so Orta, 36, said he left with the child in search of Ponce-Orta. He claimed in his testimony that he couldn't find her, and never saw her again.

When his sister told him two days later that Ponce-Orta had been found stabbed to death in a van beside Pomona Superior Court, Orta said he was shocked and at first didn't believe it.

"She said they found her body in the van, and the police wanted to talk to me," Orta testified.

Orta and Ponce-Orta were romantically involved in the weeks leading up to her death, and prosecutors believe their brief relationship likely led to Ponce-Orta's killing.

The 22-year-old Covina woman's body was found two years ago the morning after Valentine's Day. She died from a stab wound to her neck.

After Ponce-Orta left Orta and her daughter at the park in Pomona, Orta testified that he walked around the park with the girl and saw an old friend he knew from elementary school and church.

Orta, an Azusa native, said he hadn't seen the man in about a decade, and on the witness stand today he couldn't remember the man's name.

Though the two men hadn't seen each other for years, Orta claimed the man agreed to give him and the young girl a ride to several places looking for Ponce-Orta.

Orta said he was unable to find the woman, so he left the girl at his grandmother's house and called a friend in Fontana, who gave him a ride to a motel in the city.

While Ponce-Orta's van was abandoned in a parking lot beside the courthouse, Orta claimed he was sleeping in the motel room. On Feb. 16, 2008, he was arrested at his mother's house in Fontana for violating the terms of his parole. Eight months later prosecutors charged him with murder for Ponce-Orta's killing.

In her cross-examination of Orta, Deputy District Attorney Stacy Okun-Wiese attempted to cast doubt on his claim that Ponce-Orta left him alone with her daughter.

Her family members have described Ponce-Orta as a devoted mother, and Orta himself couldn't recall a situation where the woman left him alone with the child under similar circumstances.

While questioning Orta, Okun-Wiese also focused on Orta's adulterous relationship with Ponce-Orta.

Orta's defense attorney used euphemisms such as "being intimate" while questioning Orta about his sexual encounters with the married woman.

But the prosecutor was more blunt in her wording - forcing Orta to describe in detail the sex he had with his cousin's wife.

"What's the point to that?" Orta said, seemingly frustrated by one of Okun-Wiese's questions about the clothing Ponce-Orta wore during sex.

Orta is scheduled to retake the witness stand Monday, the next day of testimony in his trial.

CHINO - A jury deliberated for about five hours before declaring Wednesday that a man convicted of murdering his cousin was sane during the 2008 shooting.

Miguel Ramos, 29, faces 50 years to life in prison when sentenced Sept. 8 for first-degree murder in Valentin Barria's death, said Deputy District Attorney Anil Kaushal.

According to prosecutors, Ramos blamed Barria, 25, for breaking up his marriage. He believed Barria had an affair with his wife and may have gotten her pregnant.

Prosecutors believe Ramos had his cousin's alleged affair in mind when he bought a revolver at a Pomona swap meet on May 5, 2008. Five days later, Ramos shot his cousin five times outside a party on Fifth Street in Chino.

The jury's verdict came after a six-day trial in Chino Superior Court to determine whether Ramos was sane at the time of the killing.

In the first phase of the trial - to determine whether Ramos was guilty of a crime - his attorneys argued that he should be convicted of second-degree murder rather than first-degree murder.

POMONA - A man accused of killing his cousin's wife took the witness stand today in his murder trial and detailed the affair he had with the woman, as well as their finals days together before she was stabbed to death.

Joseph Gary Orta said Eileen Nicole Ponce-Orta was unhappy in her marriage, and told him she wished she'd met him before meeting her husband. "I think I married the wrong Orta," the 22-year-old Covina woman said, according to Orta's testimony in Pomona Superior Court.

Orta, 36, said on the witness stand that prior to Ponce-Orta's death, his cousin alluded to the woman being killed. "Let's say that she died - somebody killed her," the husband said, according to Orta.

Prosecutors accuse Orta of fatally stabbing Ponce-Orta and leaving her body in a van that was abandoned Feb. 15, 2008 in a Pomona Superior Court parking lot. Orta had recently completed a prison sentence for stabbing his stepfather.

In his testimony this afternoon, Orta detailed his relationship with Ponce-Orta in the six weeks leading up to her death. He testified that they spent several days together immediately prior to her killing.

On Feb. 14, 2008, they traveled to Pomona because Ponce-Orta said she wanted to buy marijuana, Orta testified. When she set off to make her purchase, she left Orta with her 2-year-old daughter at a park in the city. Orta said he began looking for the woman after a half hour passed and she hadn't returned.

Orta's chronological account of events was interrupted by the court's afternoon recess. It stopped as he described searching for Ponce-Orta in Pomona. He is set to resume his testimony Thursday morning.

Orta said that in mid to late January 2008, he moved at Ponce-Orta's suggestion into the apartment shared by Ponce-Orta, her husband, and the couple's daughter.

Orta said Ponce-Orta was very forward in her romantic advances. During a trip that she, Orta and her husband took to the beach, she told her husband, "I want to be with Joey," Orta said.

Orta said he and the woman began an intimate affair while he lived at their apartment. After about two weeks living there, he was asked to leave.

Ponce-Orta's husband was upset about what he perceived was an inappropriately close relationship between his wife and his cousin, Orta testified.

After Orta moved out, he and Ponce-Orta continued seeing each other, he said. On Feb. 12, 2008, she was supposed to pick up her husband from work. But instead she left him stranded, opting to spend time with Orta.

She and Orta spent the day at the beach, and that night stayed at a motel in San Dimas, Orta said. The next day, they drove to Orta's mother's house in Fontana and spent the night there.

The morning of Feb. 14, Ponce-Orta said she wanted to buy marijuana and they drove together to Pomona, Orta testified.

June 10, 2010: Ponce-Orta's city of residence corrected.

RANCHO CUCAMONGA - Jurors began deliberating this afternoon in the vehicular manslaughter trial of a driver who lost control of his dump truck four years ago and collided with another vehicle, killing its driver.

Prosecutors accuse Adam Ahlberg, 30, of using the truck on June 16, 2006 despite knowing that its brakes were unreliable.

The Riverside man lost control of the truck and his brakes failed as he drove south on Archibald Avenue in Rancho Cucamonga. He ran a red light at Arrow Route and collided with a city-owned Ford F-250, killing longtime city employee Angel Calzada.

Twenty different times in the six weeks leading up to the crash, Ahlberg complained to mechanics at his company - Clark Grading, Inc. - about his truck's faulty brake system.

But in his testimony Tuesday, Ahlberg said his truck was safe the morning of the crash, and its brakes were working properly until the moment he lost control of the vehicle on the steep downhill grade at the northern end of Archibald.

Attorneys gave closing arguments in the case this afternoon following six days of testimony in West Valley Superior Court. The jury is set to return to court Thursday morning to resume deliberations, said Deputy District Attorney Charles Feibush.

RANCHO CUCAMONGA - A man convicted of indecent exposure for reportedly masturbating in his car near Ontario High School was sentenced this week to 97 days in jail.

Jorge Lozano Rodriguez, 39, was convicted of the misdemeanor charge May 6 following a four-day trial in West Valley Superior Court.

His prosecutor, Deputy District Attorney Alicia Berry, said two students saw Rodriguez masturbating in his car in August near the high school, where the prosecutor said Rodriguez had just dropped off his daughter.

At Rodriguez's sentencing Tuesday, Judge Stephan G. Saleson placed him on probation for three years.

The judge ordered Rodriguez not to come within 100 yards of the high school during his period of probation, except for when he's dropping off his daughter.

Rodriguez was also told by the judge not to "linger" at the high school, according to minutes of the hearing.

Rodriguez will be required to register as a sex offender as a result of his conviction, Berry said.

POMONA - A former Claremont High School football standout convicted of statutory rape has been sentenced to 180 days in jail.

Tyler Singleton, 18, was also placed on probation for five years and ordered by Commissioner Wade D. Olson to undergo counseling and stay away from the victims in the case.

Singleton, of Pomona, is not required to register as a sex offender as a result of his conviction, according to minutes detailing his May 25 sentencing in Pomona Superior Court.

Singleton pleaded no contest to a felony and a misdemeanor in March for allegedly having sex with two underage female classmates. His pleas were part of a plea bargain reached with prosecutors that carried a jail sentence of 180 days to one year, putting the commissioner's sentence at the low end of that range.

Claremont police arrested Singleton in February after two girls, one 14 and one 17, came forward with accusations against him. One of the girls told police that Singleton forced her to have sex in a bathroom at Cahuilla Park, which is situated north of the high school.

In an interview with police, Singleton admitted having sex with the girl but said the sex was consensual, authorities said.

Singleton was Claremont High's starting running back from 2007 to 2009. He led the team in rushing those three seasons, and was named the past two years to the All-Baseline League.

At Singleton's sentencing, which had been scheduled for this morning but was "advanced" by attorneys to May 25, Olson ordered him to be tested for HIV.

The commissioner ordered Singleton not to use drugs or alcohol, and told him he was prohibited from having weapons.

RANCHO CUCAMONGA -- In more than five years as a professional trucker, Adam Ahlberg said he's driven extensively in the West.

In all his travels, the steepest road he recalls driving is the northern end of Archibald Avenue in Rancho Cucamonga -- where four years ago he lost control of his truck and collided with a city vehicle, killing the driver, Angel Calzada.

"The Grapevine is steep, but Archibald is much steeper," Ahlberg said.

Ahlberg, 30, testified about the June 16, 2006 crash today, during his vehicular manslaughter trial in West Valley Superior Court.

Prosecutors accuse the Riverside man and his employer -- Clark Grading, Inc. -- of failing to properly repair the truck's recurring brake problems. The company's trial is set to begin next month.

During his cross-examination of Ahlberg, Deputy District Attorney Charles Feibush showed jurors more than a dozen repair requests written by the driver in the weeks leading up to the crash -- all complaining of air leaks in the truck's compressed-air brake system.

But according to Ahlberg's testimony, the truck's brake system was working well the day of the accident.

He said he inspected the three-axle 1989 Peterbilt truck at the start of his shift, and had no problems braking in 90 miles of driving prior to losing control of his truck.

Ahlberg said he traveled to the northern end of Archibald to dump dirt at a job site. The gate at the job site was locked, so he turned back with the dirt still in his truck bed.

After he turned south onto Archibald, the driver said engine seemed to be overworked as it descended, so he attempted to switch gears.

But the transmission apparently failed to catch, leaving the truck in neutral, Ahlberg testified.

"The brake pedal had no kickback," he said.

Ahlberg said he flashed his lights and sounded his truck's air horn as he sped down Archibald, running through stop signs and red lights at speeds of up to 70 mph.

"I tried to get the truck in gear all the way to Arrow," he said.

He said he sideswiped a car as he passed a 210 Freeway entrance.

"I was pretty terrified at this point," Ahlberg said.

He said he was so fixated on traffic ahead of him that he didn't look for objects such as trees or walls to maneuver into in hopes of ending his truck's descent.

Ahlberg said the signal was green as he approached Arrow Route, but it changed when he was about a quarter-mile away. He recalled seeing cross-traffic at the intersection begin to move.

He hit a bus and a pole at the intersection before colliding with Calzada's Ford F-250. The 51-year-old city employee was pronounced dead at the scene.

About two weeks prior to the crash, Ahlberg's truck was pulled aside for an inspection at a weigh station in Temucula.

The truck required extra repairs, including repairs to its brake system, before Ahlberg was allowed to drive from the station, Feibush said in his cross-examination.

Ahlberg appeared to grow uncomfortable on the witness stand as the prosecutor projected the driver's repair requests in the courtroom.

Twenty different times in the six weeks leading up to the crash, Ahlberg complained in the documents about an air leak in his brake system.

Yet each morning, the company's mechanics would place his vehicle in the "lineup" for daily use, so Ahlberg said he assumed it had been repaired.

"In the morning there would be no leak, so I'd assume they fixed the problem," Ahlberg said.

Attorneys are expected to give closing arguments in the case Wednesday.

LOS ANGELES -- A former Chino prison guard convicted of abusing inmates was sentenced today to more than four years in federal prison.

Robert McGowan, of Bloomington, was convicted by a federal jury three years ago in connection with a May 9, 2002 incident in which he and two other correctional officers allegedly hurled shackled inmates to the ground and conspired to cover it up.

A federal judge overturned guilty verdicts for the three officers from the California Institution for Men, but McGowan's conviction -- for two counts of deprivation of rights under color of law -- was reinstated on appeal.

U.S. District Judge Otis D. Wright II sentenced McGowan, 41, to 51 months in prison today in a downtown Los Angeles courtroom, according to a U.S. Attorney's Office news release.

The incident of alleged abuse came after the inmates reportedly assaulted an officer, first throwing a jacket over his head and then beating him.

McGowan shackled two prisoners and took them in a van to the prison's administrative segregation unit. Once they arrived, the officer allegedly threw the shackled inmates from the van.

Because their hands were bound, the inmates were unable to break their falls and suffered minor injuries, according to prosecutors.

One of McGowan's colleagues allegedly threw another shackled inmate to the ground, and allegedly lied about the incident to a federal grand jury.

The third officer indicted in the case was accused of lying about the incident in a memo to prison officials.

RANCHO CUCAMONGA - The driver of a runaway dump truck involved in a fatal crash four years ago is expected to take the witness stand Tuesday morning in his vehicular manslaughter trial.

Adam Ahlberg's truck sped down Archibald Avenue at speeds of up to 70 mph on June 16, 2006 after its brakes reportedly failed.

The three-axle 1989 Peterbilt truck hit several vehicles, including an Omnitrans bus, and came to rest after colliding with a Rancho Cucamonga public works truck at Archibald and Arrow Route.

The driver of the city-owned Ford F-250, Angel Steve Calzada of Rancho Cucamonga, was pronounced dead at the scene.

Calzada, a 51-year-old married father of two adult daughters, worked for the city for more than 20 years, and since 1981 had volunteered as a reserve deputy at the Rancho Cucamonga sheriff's station.

Prosecutors allege Ahlberg, 30, as well as the management at his employer, Riverside-based Clark Grading, Inc., knew the truck had faulty breaks but failed to repair them.

Both Ahlberg, of Riverside, and the company face criminal charges. A trial for the company is scheduled to begin July 7.

Prosecutors rested last week following three days of testimony in West Valley Superior Court, and today was the first day of testimony in Ahlberg's defense case.

An expert witness, self-identified "truck specialist" Robert Wilson, was the only defense witness called today.

He said Ahlberg logged 90 miles on his truck in trips to Irvine and Claremont prior to driving to the northern end of Archibald.

At the top of the street, at the edge of the San Gabriel Mountains, the slope is twice as steep as currently permitted by the state department of transportation. Wilson speculated that the road was "grandfathered in."

In the five miles Ahlberg traveled on Archibald before colliding with Calzada's truck, the doward slope eased, but never leveled off or turned uphill, Wilson said. The elevation dropped about a half-mile over the five-mile span, Wilson said.

Wilson, a former California Highway Patrol officer, faulted the inspection of Ahlberg's truck after the crash, saying investigators failed to perform some tests that might have revealed information about the vehicle's brakes.

"I believe there are still unanswered questions," Wilson said.

RANCHO CUCAMONGA -- A man described by prosecutors as a longtime Pomona gang member was sentenced to nearly a century in prison today for shooting at an Ontario police corporal following a traffic stop.

"Sheesh," said Jason Granado, 43, after asking Judge Mary Fuller to repeat the length of his 93-to-life sentence.

A jury convicted Granado of attempted murder and other crimes in January following an 11-day trial in West Valley Superior Court.

According to prosecutors, Granado fled after he was pulled over on July 22, 2008 for running a stop sign at Fourth Street and Cucamonga Avenue in Ontario.

As the police corporal who pulled him over called for backup, Granado ambushed him and shot at him six times, according to prosecutors. The officer returned fire. Neither man was hit in the brief shootout.

"It's a crime against the social order," said Granado's prosecutor, Deputy District Attorney Carlo DiCesare, during today's hearing.

Granado's prison sentence was lengthened significantly because of his gang affiliation and because of his extensive criminal history.

DiCesare described him to the judge as "more than a third-striker."

Prior to Granado's sentencing, Fuller denied his request for a new jury trial. Granado argued that he should be granted a new trial because his court-appointed attorney represented him poorly, DiCesare said.

CHINO -- The arson prosecution of a Chino man accused of setting fire to his own house was suspended this week after a judge declared doubts as to the man's mental competence.

Judge Gerard S. Brown made the ruling in John Cordero Orosco's case Wednesday in Chino Superior Court.

Orosco, 60, confessed to detectives to setting his home on fire May 23 following an argument with his wife, who he's been separated from for about two years.

According to a police report attached to his court file, Orosco told detectives he stood inside the home after setting the fire hoping he'd be killed. But as the home filled with smoke, Orosoco said he changed his mind and escaped.

FONTANA -- A 20-year-old alleged gang member convicted in a 2008 shooting has been sentenced to more than a century in prison.

Angel Valencia and another man were convicted of two counts of attempted murder and other charges in December in connection with a shooting in Fontana's Southridge neighborhood.

Valencia and his co-defendant, Andrew Valdivia, were accused of shooting at a man and his teenage son on Sept. 2, 2008 following a confrontation over Valencia and Valdivia's alleged tagging and gang activity.

The man was shot twice and survived, while his son was unhurt.

Judge Ingrid A. Uhler sentenced Valencia May 27 in Fontana Superior Court to 115 years to life. Valdivia was sentenced in January to 50 years to life.

RANCHO CUCAMONGA -- A former Upland teacher accused of molesting students will be retried on criminal charges, a prosecutor announced this morning.

A mistrial was declared in James Andrew Megaw's case last month after a jury deadlocked.

Six children testified during Megaw's trial that the former teacher at Valencia Elementary School either touched them sexually or made lewd sexual comments.

Megaw, 43, of Rancho Cucamonga, returned to court Friday for the first time since his mistrial.

Following a 20-minute conference in Judge Michael A. Sachs' chambers between Sachs and attorneys in the case, the group emerged and Sachs said he expected the case to be tried in August or September.

"We'll pick up where we left off," Sachs said.

Deputy District Attorney Jason Anderson said after the hearing that family members of Megaw's accusers "expressed a desire to go forward" with a retrial.

One of Megaw's attorneys, Michael D. Chaney, was critical of the prosecution's decision to retry the case.

"The prosecutor decided he wants to put those kids through it again," Chaney said.

He cited the jury's preference for not-guilty verdicts in three of the four counts faced by Megaw.
In two of the counts, jurors were split 10-2 in favor of acquittal. In the other count, the jury split favoring acquittal was 9-3.

Jurors were split 8-4 in favor of a guilty verdict in the remaining count.

"Average people in the community had serious problems believing the kids," Chaney said. He said he expects a second trial to be a "replay" of the first.

"The first trial made it very clear that the evidence against him is very weak," Chaney said. "So he's not thrilled at having to go through another trial where the same kind of fake, manufactured charges" are heard.

"Nobody should go through this twice," he added. "It's a tragedy."

Chaney said Megaw is not open to a plea bargain.

"Mr. Megaw is innocent -- period, end of story," he said. "Mr. Megaw is not going to plead guilty to anything because he did nothing improper. Zero."

Prosecutors charged Megaw in December 2008 after several children in his class of second- and third-graders told police he abused them.

Some of the students who accuse Megaw of sexual touching said in their trial testimony that Megaw touched them when they went to his desk seeking help on classwork. Others said Megaw touched them at their desks during class.

During Megaw's trial, his attorneys questioned the children's truthfulness.

Though the abuse allegedly occurred in open class, none of the other students in class or teachers at the school said they witnessed it.

Megaw, who's been free on bail since his arraignment, is set to return to court July 16 for a pre-trial hearing.

Pictured (L-R): Anthony Nicholas Orban and Jeff Thomas Jelinek

RANCHO CUCAMONGA -- A woman took the witness stand today in West Valley Superior Court and detailed her alleged kidnapping and rape two months ago by a Westminster police detective.

The 25-year-old waitress at Ontario Mills said that when her shift ended April 3 at about 5:15 p.m., Anthony Nicholas Orban confronted her at gunpoint in the mall parking lot and forced her into her car.

He told her to drive away, then ordered her to park in an isolated area of a Fontana shopping center.

For more than an hour the 30-year-old sexually assaulted the woman, punched her and choked her several times, and threatened to kill her, according to the woman's testimony.

For much of the attack, Orban pointed his duty weapon at the woman, and once shoved the barrel of the gun down her throat, the woman testified.

"He was asking me what was wrong, why I was shaking," the woman testified. "I told him I was scared and he asked me why."

The woman's testimony came during a preliminary hearing for Orban, a Westminster officer of five years, and his alleged accomplice: Jeff Jelinek, 31, a corrections officer at the California Institution for Men.

At the end of the hearing, Judge Michael Libutti ruled that Orban, a former Marine and Iraq War veteran, must stand trial on nine felony charges, and Jelinek on three.

Deputy District Attorney Debbie Ploghaus agreed to dismiss two sodomy counts originally filed against Orban, of Irvine, after hearing the woman's detailed testimony.

In nearly an hour and a half on the witness stand, Orban's accuser seemed composed as she described the detective's alleged assault.

She said Orban took calls on his cell phone during the alleged assault, and took several pictures of her.

"He told me to smile for the camera," she testified.

After about an hour of sexually assaulting the woman, Orban's demeanor began to change, the woman said.

During the assault, he acted "like this was no big deal -- something that he did every day," the woman said.

His mood seemed to change after one of his phone conversations. He asked the woman where they were, and asked her why she was naked, she testified.

"He didn't appear scared," she said. "He appeared more anxious."

In his cross-examination of the woman, Orban's attorney, James E. Blatt implied Orban may have been "mentally imbalanced."

Orban told a detective after the incident that in addition to drinking alcohol before the alleged assault, he had taken Zoloft, an anti-depressant, and Neurontin, which he used as a sleeping pill, according to Blatt.

While Orban was distracted by his phone, the woman said she escaped from the car and ran to a nearby liquor store.

During the alleged kidnapping, Jelinek, Orban's childhood friend, stood beside Orban as he forced the woman into her car at gunpoint, the woman said.

"Dude, what are you doing?" Jelinek asked Orban, according to the woman.

"Don't worry about it," Orban responded, the woman testified.

Jelinek did not contact police after he witnessed the alleged kidnapping.

According to testimony this afternoon from police, Jelinek picked Orban up after the alleged assault, tried to erase messages from his cell phone that Orban sent him during the incident, and lied to investigators.

Immediately prior to the alleged assault, Orban allegedly grabbed a man's crotch at Ontario Mills, according to testimony from Ontario police Detective Jeffrey Wentz.

The man told police that he and a friend were walking outside the mall and passed Orban and Jelinek, Wentz testified.

As they passed, Orban allegedly grabbed the man's crotch area and said, "You got something right there," Wentz testified.

When the turned back to look at Orban and Jelinek, he said he saw both of them looking at him and laughing.

One of Jelinek's attorneys told Libutti at the end of the hearing that the Ontario man should not be held to answer on criminal charges because he did not "aid and abet" Orban, as prosecutors allege.

Ciprian Turcu said Jelinek did not assist Orban until after the alleged assault was over.

Ploghaus, the prosecutor, said Jelinek's presence beside Orban during the alleged kidnap was an "intimidation factor" that helped Orban.

"He is an active participant," Ploghaus said.

In ruling that Jelinek must stand trial, Libutti said it's "clear to the court that there is aiding and abetting."

Orban and Jelinek, whose bail remained set at $2 million each, are next scheduled to appear in court June 22.

Pictured (L-R): Anthony Nicholas Orban and Jeff Thomas Jelinek

RANCHO CUCAMONGA -- A woman took the witness stand this morning in West Valley Superior Court and detailed her alleged kidnapping and rape in April by a Westminster police detective.

The 25-year-old waitress at Ontario Mills said that when her shift ended April 3 at about 5:15 p.m., Anthony Nicholas Orban confronted her at gunpoint in the mall parking lot and forced her into her car.

They both got into the car, and he told her to drive away, the woman testified.

He ordered her to park in an isolated area of a Fontana shopping center, and for the next hour the 30-year-old sexually assaulted her, punched her and choked her, and threatened to kill her, the woman testified.

For much of the attack, he pointed his duty weapon at the woman, and once shoved the barrel of the gun down her throat.

"He was asking me what was wrong, why I was shaking," the woman testified. "I told him I was scared and he asked me why."

When Orban was distracted by a phone call, the woman escaped and ran to a nearby liquor store, the woman testified.

The woman's testimony this morning came during a preliminary hearing for Orban, a Westminster officer of five years, and his alleged accomplice: Jeff Jelinek, 31, a corrections officer at the California Institution for Men.

In a preliminary hearing, prosecutors must present sufficient evidence for defendants to be ordered held for trial. Orban and Jelinek could face life imprisonment if convicted of all charges filed in an 11-count complaint.

Testimony in the hearing is set to resume this afternoon at 1:30.

In nearly an hour and a half on the witness stand, Orban's accuser seemed very well composed as she described the detective's alleged assault.

She said Orban took pictures during the assault with his cell phone camera.

"He told me to smile for the camera and took a picture," she testified.

After about an hour of sexually assaulting the woman, Orban's demeanor began to change, the woman said.

During the assault, he acted "like this was no big deal -- something that he did every day," the woman said.

His mood seemed to change after he spoke to someone on his cell phone. He asked the woman where they were, and asked her why she was naked, she testified.

"He didn't appear scared," she said. "He appeared more anxious."

In his cross-examination, Orban's attorney, James E. Blatt, asked the woman if she knew what a person looks like who is "mentally imbalanced."

Deputy District Attorney Debbie Ploghaus' objection to the question was sustained by Judge Michael Libutti, and the woman did not answer.

Jelinek, Orban's childhood friend, stood beside Orban as he forced the woman into her car at gunpoint, the woman said.

"Dude, what are you doing?" Jelinek asked Orban, according to the woman.

"Don't worry about it," Orban responded, the woman testified.

Jelinek did not contact police after he witnessed the alleged kidnapping. Prosecutors also allege he picked up Orban after the alleged assault, and later tried to erase messages from his cell phone that implicated Orban.

POMONA - Eileen Nicole Ponce-Orta was unhappy in her marriage, and had been spending more time with another man: Joseph Gary Orta, her husband's cousin.

The two were seen together in the days leading up to Ponce-Orta's death, and prosecutors believe Orta, then a recent parolee, was responsible for the Covina woman's fatal stabbing.

Ponce-Orta's family found her body on Feb. 15, 2008. She was wrapped in blankets and left in her van, which had been abandoned in a parking lot near Pomona City Hall.

Jurors heard the details of Ponce-Orta's final days today in testimony during Orta's murder trial in Pomona Superior Court.

Three days before her body was found, Ponce-Orta, 22, didn't pick up her husband from his job as the couple had arranged, said Deputy District Attorney Stacy Okun-Wiese in her opening statement.

The next day, Ponce-Orta, Orta and Ponce-Orta's 2-year-old daughter visited Orta's mother's home in Fontana. When they left the next morning, it was the last time anyone saw her alive - expect for her alleged killer.

A key prosecution witness - one whose testimony wasn't presented last year at Orta's preliminary hearing - is Orta's cousin, Albert Matthew Sandoval.

Sandoval told police that when he saw Orta, 36, the day before the discovery of Ponce-Orta's body, he saw what appeared to be a body in the back of the van that was later abandoned in Pomona, Okun-Wiese said.

Sandoval recalled seeing toes inside painted with light-blue nail polish, Okun-Wiese said.

Ponce-Orta's mother, Tracy Ponce, testified this morning that she believed Joseph Orta and her daughter may have been romantically involved.

The two had been spending more time together as Ponce-Orta became dissatisfied with her husband, who reportedly told her she'd gained weight.

Her unhappiness in her marriage seemed to make her more receptive to Orta's advances, Tracy Ponce testified.

"I believe he had romantic feelings for my daughter," she testified.

The day before Ponce-Orta's body was discovered, Los Angeles County sheriff's deputies contacted Tracy Ponce and told her that Ponce-Orta's daughter, now 5, had been dropped off at a sheriff's station.

"My heart dropped because my daughter never left her baby," Ponce said. "I knew something was wrong."

The morning of Feb. 14, 2008, Ponce-Orta, her daughter and Joseph Orta woke up at Orta's mother's home in Fontana, according to testimony from Orta's mother's husband, Raul Sanchez De La Cruz. The three left together between 9 and 11, he said.

The next morning, Tracy Ponce said her daughter's husband called her and said Pomona police had discovered the couple's van in a parking lot beside Pomona Superior Court.

When Tracy Ponce and two relatives found the van, Ponce said she saw Ponce-Orta's purse inside. The contents of the purse were scattered near the front-passenger seat.

She said she opened the sliding door on the van's passenger side, and saw what appeared to be a pile of blankets on the floor.

"I pulled one of the blankets and that's when I saw my girl's toes," Ponce said.

Ponce-Orta died from a stab wound to her neck.

Jurors heard details today of a 2001 incident when Joseph Orta stabbed De La Cruz several times during an argument. One of the stab wounds was to De La Cruz's neck, he testified.

Joseph Orta's defense attorney, Lesley Sandra Gordon, did not give an opening statement today. She will have the option of addressing the jury at the start of the defense portion of the case.

Joseph Orta's cousin, 22-year-old Sandoval, was charged with murder for allegedly serving as the getaway driver in the Dec. 5, 2008 shooting death in Pomona of Miguel Martin, 24.

Prosecutors offered him a plea bargain in the case in exchange for his cooperation with law enforcement. Sandoval testified against his co-defendant in the trial for Martin's killing, and will also testify against Joseph Orta.

Martin's alleged killer, 17-year-old Jose Luis Gutierrez, was convicted of second-degree murder and sentenced last week to 40 years to life in prison.

June 3, 2010: Tracy Ponce's last name corrected.

POMONA - A jury of seven men and five women was seated this afternoon in the murder trial of a man accused of fatally stabbing his cousin's wife and leaving her body in a van parked near Pomona City Hall.

Witnesses reported seeing Joseph Gary Orta, 36, with Eileen Nicole Ponce-Orta in the days leading up to her death. Her body was discovered on Feb. 15, 2008.

Ponce-Orta, 22, of Covina, was reportedly having marital problems with her husband. The couple's relatives believed she and Orta, a recent parolee, may have had a romantic relationship, which was a possible factor in her killing.

When Pomona police found the van, they notified Ponce-Orta's relatives to pick it up. Officers had failed to notice Ponce-Orta's body inside. When the woman's family members arrived to pick up the van they found Ponce-Orta inside, wrapped in a blanket.

Jurors are set to hear opening statements from attorneys in the case Wednesday morning in Pomona Superior Court, Judge Bruce F. Marrs said. After attorneys give opening statements, the prosecution will call its first witnesses, Marrs said.