July 2010 Archives

This photo of Augustine Anene is from his profile on a Nigerian newspaper website called Vanguard Online Community.

FONTANA - Jury selection has started in the trial of a former Garey High School computer instructor accused of trying to kill his estranged wife.

Augustine Anene, 54, is charged with attempted murder and other crimes for allegedly hiding in his wife's bedroom closet in March, and emerging to attack her after she fell asleep.

Anene's son interrupted the attack after he heard his mother screaming for help in the family's Fontana home, according to a police report attached to Anene's court file.

Attorneys in the case began choosing a jury Tuesday in Fontana Superior Court. The trial will next be in session Monday, with the case still in the jury selection phase, according to courtroom personnel.

Anene worked at Garey High School in Pomona for 18 years before resigning from his job the month after the alleged attack, according to a Pomona Unified School District spokesman.

He has remained jailed since his arrest in lieu of $1.2 million bail.

According to the police report, Anene's wife of 19 years filed for divorce in December after a history of unreported domestic violence.

Anene's wife obtained a restraining order against her husband, who moved into an apartment in Upland after the couple separated.

Anene's wife told police she awoke the night of March 28 with her husband choking her and punching her in the face.

One of the couple's sons kicked open her bedroom door, which was locked, and pushed Anene off his wife. The son held down Anene until police arrived.

The police report describes planning measures Anene may have taken to avoid capture by authorities.

The phones in his family's home had been hidden prior to the attack. Anene's car was without license plates when police found it parked three blocks away.

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

RANCHO CUCAMONGA -- Prosecutors are considering whether to offer a plea bargain to a correctional officer accused of aiding his friend in the alleged kidnap and rape of a woman at gunpoint.

The prosecutor in Anthony Orban and Jeff Jelinek's criminal case said today after a brief court hearing that her supervisors will ultimately decide whether to offer Jelinek a plea bargain.

"They don't know if they're going to make them an offer," Deputy District Attorney Debbie Ploghaus said. "They're kind of going back and forth."

Jelinek, who worked at the California Institution for Men in Chino, is accused of standing by as Orban, a Westminster police detective, allegedly kidnapped a woman at gunpoint in the parking lot at Ontario Mills.

Both men were off-duty and had been drinking heavily prior to the April 3 incident.

The woman, a 25-year-old waitress and mother, testified last month in a preliminary hearing that after she was kidnapped, Orban sexually assaulted and battered her for more than an hour.

Orban, who is charged with nine felonies, faces a maximum prison sentence of 25 years to life. Jelinek, 31, faces the same penalty because prosecutors allege he aided and abetted Orban.

Jelinek's presence beside Orban during the alleged kidnapping helped Orban by further intimidating the woman, prosecutors believe.

Jelinek picked up Orban after the alleged assault, attempted to erase text messages from Orban, and initially lied to police about what he saw, according to prosecutors.

One of Jelinek's attorneys, Ciprian Turcu, said he and Ploghaus have had informal discussions about a possible plea bargain for Jelinek. He said there hasn't been a definitive offer.

Orban and Jelinek's appearance today in West Valley Superior Court was largely uneventful. An Oct. 15 court date was scheduled for defense attorneys to introduce pre-trial motions in the case.

Turcu said he doesn't believe a trial will be held in the case until next year.

Pictured (L-R): Renee Hardy and Telassie Dague.

POMONA -- Tatiana Jaimes could tell that her childhood friend was too drunk to drive.

So when she saw Telassie Dague take her car keys out of her bra in January at a San Dimas bowling alley, Jaimes grabbed them out of her hand and told her not to drive.

Alan Michael McConnell, Dague's friend, was standing nearby. He was visibly drunk, Jaimes testified today in Pomona Superior Court.

"(McConnell) grabbed my wrist and took the keys," Jaimes said. "He was like, 'I'm driving.'"
Jaimes told him he was too drunk to drive, and continued arguing with him until Dague interrupted.

"Lassie was like, 'Just let him drive,'" Jaimes said.

Not long after McConnell snatched Dague's keys, he drove her car into a tree along Foothill Boulevard in La Verne.

Dague, 22, and another passenger, 20-year-old Renee Hardy, were killed in the Jan. 23 crash. McConnell, 27, emerged from the car without serious injuries.

Blood tests revealed his blood-alcohol level was 0.15, nearly twice the legal limit, and he was charged with two counts of murder and other criminal charges.

This morning at McConnell's preliminary hearing, Jaimes and several other people testified about the crash, and a judge ruled that prosecutors presented enough evidence for McConnell's case to proceed to trial.

The Covina man could face a prison sentence of 30 years to life if convicted of two counts of second-degree murder -- charges he faces because he was convicted of drunken driving prior to the fatal crash.

McConnell was convicted of drunken driving last year in Orange County, and was again arrested for drunken driving in November.

McConnell, who wore blue jail scrubs in court, cried during much of the two-hour preliminary hearing and wiped tears from his face with a tissue.

His mother said in an interview that her son is remorseful and heartbroken.

Valerie Kennedy said McConnell and Dague were lifelong friends and were a couple "to some extent." McConnell brings her picture to all of his court appearances, his mother said.

McConnell has said he has no memory of the crash, according to Kennedy.

"If he could take it all back, he would," she said.

Jaimes testified that on the night of Jan. 22, she and a friend met Dague, McConnell and Hardy at the bar inside Chaparral Lanes. All three of them appeared drunk, she said.

It was Jaimes' first time meeting McConnell, who was introduced to her as "Brad."

While the group was at the bar, McConnell suggested several times that the group drive to Fullerton.

Jaimes testified that she kept telling McConnell he was too drunk to drive, but he insisted on driving.

It was after midnight when the group decided they would take separate cars and meet at a bar closer to the bowling alley -- the Hi-Brow on Foothill Boulevard in Upland.

As Jaimes and her friend walked to Jaimes' car in the parking lot, she saw Dague's car pass by.

"I saw the car speed by," Jaimes said. "I was like, 'Oh God,' because it was going so fast."

McConnell and his two passengers traveled about three miles before McConnell ran a red light at Foothill and Damien Avenue in La Verne and collided with another car.

According to the driver of the other car, McConnell activated his turn signal as if to indicate he was pulling over. Instead, he drove away at speeds later measured at 70 mph.

The driver, Bryan Sanchez, testified that McConnell's car hit the curb on the right side of the roadway, then made a hard left turn over the median and collided with a tree.

By the time police and paramedics arrived, one of McConnell's passengers was dead. The other was moments from dying, according to police testimony.

McConnell was knocked unconscious in the crash, and regained consciousness after police and paramedics arrived. His only other injury was a cut to his elbow, according to testimony from La Verne police officers.

After paramedics removed McConnell from the driver's seat of the car, he told officers he wasn't the driver.

He again changed his story at the scene, telling officers he wasn't in the car, but had been dropped off after the crash by another driver, Cpl. Chris Fenner testified.

McConnell's attorney, Rita Smith, said after the hearing that she believes life would too long of a sentence for McConnell.

"He understands," Smith said. "He feels the pain the same that everyone else does. I think that should count for something."

Smith said she's not sure whether prosecutors are open to offering McConnell a plea bargain that carries a sentence shorter than life. She declined to say whether there have been any plea negotiations in the case.

McConnell's prosecutor, Deputy District Attorney Miji Vellakkatel, declined to comment to a reporter after the hearing. Dague's parents also declined to comment.

McConnell is next due in court Aug. 10. He remains jailed in lieu of $2 million bail at Twin Towers Correctional Facility in downtown Los Angeles.

In a "point of view" column on the opinion page of today's Daily Bulletin, Deputy District Attorney Richard Ceballos urged the Pomona City Council not to disband the city's police department. Here's his full column:

Don't replace Pomona police

By Richard Ceballos

Created: 07/25/2010 07:47:22 PM PDT

An open letter to Pomona's mayor and City Council members:

As a 20-year veteran criminal prosecutor with the Los Angeles County District Attorney's Office and a 10-year-plus resident of the city of Pomona, I urge you not to move forward with plans to replace the Pomona Police Department with the Los Angeles County Sheriff's Department.

Despite what you may have been told, or what you may have been led to believe, a change to the Sheriff's Department will not be a change for the better as far as the law-abiding citizens of Pomona are concerned.

Simply put, there is no way the Los Angeles County Sheriff's Department will provide the same level of service and accountability to the residents of Pomona as the Pomona Police Department has been doing for all these years. I have worked in a number of cities that have contracted with the Sheriff's Department before, and the level of services provided by them to those cities versus the level of services currently provided by the Pomona Police Department cannot even be compared. The Pomona department's level of service easily surpasses that of most police departments in this county.

This fact is based on almost seven years as a prosecutor specially assigned to the Pomona courthouse, where I have personally witnessed, on a day-to-day basis, the efforts and dedication the Pomona police officers have exhibited in combating crime in this city.

Furthermore, you need to understand that if the city elects to "hire" the Sheriff's Department, that department will not be accountable solely to the city of Pomona and its residents. The Sheriff's Department must also concern itself with and be accountable to all the other cities it has contracts with, not to mention all the unincorporated areas of L.A. County.

If you, as the elected representatives in this city, are truly concerned about the future of Pomona, instead of wasting time seeking to replace the Police Department, you would better spend your energies developing ways to support the department.

This is a pivotal point in time for the city of Pomona. Do the right thing. Do the smart thing. Keep the Pomona Police Department intact. I promise you the citizens of Pomona will remember your decision come election time.

Richard Ceballos is a deputy district attorney with the Los Angeles County District Attorney's Office. He lives in Pomona.

CHINO -- A man identified by prosecutors as a past president of the booster club for Ayala High School's girls basketball team has been charged with two felonies for allegedly embezzling from the club.

Prosecutors accuse Donald Williamson, 49, of taking more than $400 from the club between Nov. 20 and Dec. 1.

Williamson, of Chino Hills, was charged July 7 with embezzlement and grand theft, and is due in Chino Superior Court Aug. 18 for an arraignment.

Williamson's ex-wife said today that she she was unaware of the allegations against her husband. She said she didn't believe her former husband was capable of stealing from a high school booster club.

Pamela Williamson said her husband, a professional cook, was a good man and good father, and was honest during their marriage. She said the couple's daughter attends Ayala, in Chino Hills.

Details about Williamson's alleged theft, including the exact amount prosecutors believe he stole, were unavailable this week.

The San Bernardino County sheriff's deputy who investigated the case did not return messages seeking comment.

The team's former head coach, Mel Sims, did not return a call seeking comment today. Sims retired as coach last month after 17 seasons with the team.

A spokeswoman for the Chino Valley Unified School District said district administrators were unaware of the case prior to being contacted by a reporter.

The prosecutor who reviewed the sheriff's department's investigation and filed criminal charges against Williamson declined to discuss the case.

Deputy District Attorney Steve Mitchell said he didn't want to comment on the case because it's so early in the litigation.

According to San Bernardino County court records, Williamson was convicted of a misdemeanor in August 2008 for disturbing the peace and placed on probation for three years.

Pictured: Rudy Partida III

Continue to the bottom of his post to view the program from Partida's memorial service. Here's the full statement Gutierrez read in court Thursday:

To The Honorable Judge Horan

My name is Veronica and I am the sister of Rudy Partida, III, deceased. I am here today to make a statement about how the murder of my brother Rudy has affected me. Since the loss of my brother, my family and I have been plagued with confusion, depression, and anger. The internal stress that all of these feelings have caused on my body and mind are irreversible, and can not be erased. Here are the details I would like to address in this statement:

Confusion: I have been confused since the day I found out my brother Rudy had been shot. I was confused about how it happened, why it happened, and who was responsible. Once I found out who was responsible, I was confused as to why this person would cower and hide from authorities. Once caught, I was confused as to why a person would lie; lie to cover up the truth, lie to your Honor, lie to his own family, lie to the world, lie to himself. Now that the court proceedings are over, I am confused as to what I did in this life to deserve to have my brother Rudy taken from me, without a legitimate reason, without permission, without answers. I know I have done all I can to be a hard worker, a good student, and a positive role model in my community, but where did I go wrong? All of this confusion has led me to depression.

Depression: I have never in my life experienced so much pain. Pain for myself, pain for the loss of my brother, pain for my family. I have to live each day without my brother Rudy. Some days I can accept this fact, other days, I am so sad and brokenhearted that my demeanor affects the way I interact with co-workers, children, and family. It is not fair to those around me to have to feel this depression. It is not fair to me, to have to go through this depression. I did not ask for this. The worst part is when I think about my niece, Rudy's god-daughter, who has started crying unexpectedly because she misses her "nino" Rudy. What justification is there for a five-year old to cry, to mourn, and to be sad over someone she will never see again? This is where my anger begins.

Anger: Everybody gets angry at some point or another. Some people get angry with themselves, angry with a loved one, angry with a stranger. I am angered because I have no understanding of what I did in this life to deserve my brother Rudy to be taken from me? What did I do that was so horrible that I now have to go through these feelings of confusion, depression, and anger? Why is it that I have to live my life without my brother Rudy, but the very person who took him from me gets to still breathe? The most frustrating part is to see my family live in pain; to see Rudy's and my grandmother and mother cry with tears of dejection. They too have had a part of their heart ripped from them without reason. I am also angered because my brother Rudy will not be around for the future celebrations in my life. I am mostly angered by the fact that my brother was left to die because, everyone who was around when he was shot, cowered and ran away without helping to save his life. Anyone could have just dialed 9-1-1 and left the phone on the floor and that would have been enough. But no, since he was left to die, my faith in humanity of the people involved has diminished to nothing. I'm sure each and every person involved would have wanted someone to get help for their loved ones had they been in the same predicament. It is all this confusion, depression, and anger that I must carry around with me everyday for the rest of my life because my brother Rudy was taken from me marked by injustice.

Now, I understand that death is a part of the life cycle, but death comes when we are old or too sick to go on; death is not supposed to come to a person because someone else chooses to take that person's life. In the end, the loss of my brother Rudy will always be an unfair tragedy in my life. It is more tragic that his children and grandchildren will never get to see my brother Rudy again. So, Your Honorable Horan, I stand before you today to share with you how my brother's murder has affected me. My hope is that each person in this court cherishes their loved ones every moment they can and that no one in this court has to lose a loved one as a result of someone else's violent decision.

...

Here's the program from Rudy Partida's memorial service.

Front and back covers:

Inside:

RANCHO CUCAMONGA -- An Upland man has been charged with numerous crimes for allegedly harassing his grandparents and threatening them with a knife.

Jack Clifford Eckman's alleged threats reached an apex June 30 when he held a knife to his grandfather's neck, according to a police report attached to his court file.

Eckman, 22, has pleaded not guilty to criminal charges contained in a six-count complaint filed by prosecutors on July 7.

Eckman faces two counts of assault with a deadly weapon, two counts of making criminal threats, grand theft and petty theft. All but petty theft are felonies.

Eckman's grandparents told police that their grandson used to live at their home in the 300 block of South Greentree Road in Upland, but moved out prior to his June 30 visit.

Eckman was waiting in his grandparents' driveway when they arrived home that afternoon, and he demanded some of his belongings he said he left behind at the house, according to the police report.

His grandparents told him none of his things were there and walked inside. Eckman followed them and continued to argue with them, his grandparents told police.

After Eckman's grandmother reminded Eckman that he had a court date in August, he became angry and pulled out a knife, according to the report.

He held the knife over his head with the blade pointing down, and walked within two or three feet of his grandmother. He stuck the blade into a door jamb, then reportedly told his grandmother, "I should kill you."

Eckman later held the knife to his grandfather's throat and threatened to slit his throat, his grandparents told police.

Three days later, Eckman returned and again demanded property he claimed he left at his grandparents' house. Eckman again threatened to kill his relatives.

When Eckman's grandmother called police from her cell phone, Eckman grabbed the phone out of her hand and left on his bicycle.

Police arrested Eckman later that day in the 400 block of West Winn Drive.

San Bernardino County court records show that Eckman was convicted of drunken driving two years ago.

He has five other active criminal cases in the county, in which he's charged with a total of 10 misdemeanors, including battering an elder and drug possession.

He remains jailed in lieu of $260,000 bail at West Valley Detention Center in Rancho Cucamonga.

Pictured: Raymond Rubalcava

RANCHO CUCAMONGA -- A man described by prosecutors as the leader of a local identity theft ring accepted a plea bargain in his criminal case today that carries an eight-year prison sentence.

Raymond Rubalcava, 28, was accused of manufacturing counterfeit checks and recruiting other people to cash them at local grocery stores and check cashing businesses, said Deputy District Attorney Mike Abney.

Seven of Rubalcava's co-conspirators have also been convicted in the case. Rubalcava and three others were the final defendants to be convicted today when they accepted plea bargains in West Valley Superior Court, Abney said.

Rubalcava was arrested at a hotel in Ontario on Jan. 25 after San Bernardino County sheriff's deputies received a tip that Rubalcava was creating counterfeit checks.

In Rubalcava's hotel room, deputies found businesses' banking information and evidence that he was using the information to manufacture fake checks.

Abney said Rubalcava created fake checks using information from three Ontario businesses -- two real estate companies and a warehouse -- as well as a Rancho Cucamonga homebuilder and a party rental company.

Rubalcava and his co-conspirators will likely be ordered by a judge to pay restitution to the businesses, Abney said.

Rubalcava is scheduled to be sentenced Sept. 28.

The other seven defendants in the case are:

-- Johnny Medina, 41, was sentenced today to four years and eight months in prison.

-- Peter Torres, 25, agreed today to a plea bargain that carries three years and eight months in prison. He's scheduled to be sentenced next month, Abney said.

-- Richard Trujillo, 40 or 41, was sentenced today to three years in prison.

-- Robert Roark, 51 or 52, has agreed to a plea bargain that carries three years in prison.

-- Andrea Richards, 29, pleaded guilty to four felonies in April as part of a plea bargain that carries a two-years prison term.

-- Crystal Rivera, 24, agreed to a plea bargain that carries a maximum jail term of one year.

-- Amanda Andrews, 26, pleaded guilty to three felonies in April and was sentenced to 180 days in jail.

RANCHO CUCAMONGA -- An Aug. 23 retrial date has been scheduled in James Andrew Megaw's molestation case. The former elementary school teacher is charged with four felonies for allegedly touching students in a sexual manner.

Megaw's first trial ended in a mistrial in May after a jury deadlocked in its deliberations. A prosecutor said last month that family members of Megaw's accusers expressed a desire for a retrial.

Megaw's new trial date was scheduled Friday, when he appeared in West Valley Superior Court for a pre-trial hearing. Attorneys estimated a trial will last four weeks, according to minutes of the hearing.

Five students testified during Megaw's trial that the former teacher at Valencia Elementary School in Upland fondled their genitals in class, and in somes case touched himself while touching them. A sixth student said Megaw made a sexual comment to him in a bathroom.

Megaw, a 43-year-old Rancho Cucamonga resident, was the head of Upland's teachers union before criminal charges were filed two years ago.

POMONA - A Glendora man accused of engaging in sex acts with three underage boys has been offered a plea bargain in his criminal case that carries a prison sentence, a prosecutor said this morning.

David Earl Snyder, 52, is "discussing the offer," his attorney told a judge today in Pomona Superior Court, where Snyder appeared for an arraignment.

Snyder did not enter pleas today to the 10 felonies charged by prosecutors, and his arraignment was postponed to Aug. 2.

Deputy District Attorney Lauren Guber declined to specify the length of the prison term contained in the plea offer to Snyder. Guber said Snyder could accept the offer Aug. 2. He remains free on $255,000 bail.

Snyder was arrested May 1 following an investigation by the La Verne Police Department.

Prosecutors filed ten felony counts last month against Snyder. The charges include four counts of oral copulation of a minor, one count of sodomy of a minor, two counts of possession of child pornography, and three counts of contacting a minor for a sexual offense.

Prosecutors allege Snyder's crimes took place between Sept. 1, 2008 and May 1 of this year.

During Snyder's court appearance today, a judge ordered the Los Angeles County Probation Department to prepare a "pre-plea" report. The judge's order was made at the request of Snyder's attorney, John Murray.

Guber said probation officers will review evidence in Snyder's case, "and they'll make a recommendation on what the sentence would be" if Snyder were convicted at trial.

"It's pretty typical," she said.

...

Here's my first story about Snyder's case:

Glendora man charged for alleged sex with underage boys

By Will Bigham, Staff Writer

Posted: 07/03/2010 07:45:57 PM PDT

POMONA - A Glendora man has been charged with 10 felonies for allegedly engaging in sexual acts with three underage boys, possessing child pornography, and other crimes.

David Earl Snyder, 52, was arrested May 1 following an investigation by the La Verne Police Department. Prosecutors filed criminal charges against Snyder on June 25.

Snyder, who works as a website designer, became an advocate for stiffer penalties for "trunking" - riding in the trunk of a car - after his son, 15-year-old Chris Snyder, was killed in 2005 accident involving the practice.

"My son died from trunking, and I want to make kids aware that if they do that they could die," Snyder told a reporter in 2007 after a state law went into effect increasing penalties for "trunking."

The 10 felonies filed against Snyder include four counts of oral copulation of a minor, one count of sodomy of a minor, two counts of possession of child pornography, and three counts of contacting a minor for a sexual offense.

Prosecutors allege Snyder's crimes took place between Sept. 1, 2008 and May 1 of this year.

Detective Chris Dransfeldt, the investigating officer in the case, declined last week to discuss the details of Snyder's alleged crimes.

Snyder was arrested May 1 at about 11 a.m. at his home in the 1600 block of Bentley Place. He was released from custody at about 2:30 p.m. after posting $75,000 bail, according to booking records.

At Snyder's first court appearance Thursday, Commissioner Wade D. Olson raised his bail to $255,000.

Snyder arrived in Pomona Superior Court with two bail bondsmen, and was able to post a new bail bond and leave the courthouse with a promise to return July 16.

"I see you have the bond posted, so you are free to go," Olson told Snyder.

Snyder was not arraigned Thursday on the charges contained in the 10-count complaint. His arraignment is now scheduled for July 16.

Snyder declined to comment to a reporter after the court hearing.

Snyder's son and another 15-year-old boy, Scott Achingston, were killed on May 4, 2005 in the "trunking" accident in Glendora.

A 17-year-old unlicensed driver from San Dimas had four boys beside himself riding in his Mazda Protege, with Chris Snyder and Achingston riding in his trunk, which was closed.

The driver lost control of his car on Route 66 near Compromise Line Road. The car spun out, hit the center median and slammed into a tree.

Snyder and Achingston, who both attended Glendora High School, were thrown from the trunk and struck by a van traveling in the opposite lanes.

The driver of the car was convicted of a misdemeanor and sentenced to six months in a juvenile camp. David Snyder criticized prosecutors for filing misdemeanor charges against the driver.

"I'm shocked at the legal system," Snyder said in a May 2005 interview. "You can take a cell phone and be charged with a felony (whereas) you grossly negligently kill someone and are charged with a misdemeanor. I've never wanted to see the driver hung out to die and I know his life has been destroyed, but a misdemeanor?"

After his son's death, Snyder spent several months constructing a fountain in front of his home to memorialize his son. The fountain still stood last week at the corner of Snyder's property.

Snyder established a foundation to educate young people about the dangers of reckless riding. The foundation has granted scholarships to high school students, according to the foundation's website.

FONTANA - An 18-year-old man was sentenced to 30 days in jail this week after pleading no contest to a misdemeanor charge for shining a laser at a Fontana police helicopter.

Martin Anthony Perez was initially charged with a felony for the May 8 incident, but the charge was reduced to a misdemeanor Tuesday as part of a plea agreement with prosecutors.

Perez, of Fontana, was accused of shining a laser at a police helicopter that was circling overhead at Alder and San Bernardino avenues in Fontana.

At his sentencing Tuesday in Fontana Superior Court, Perez was placed on probation for three years. While on probation he's barred from possessing lasers, according to minutes of his sentencing.

Judge Douglas A. Fettel ordered Perez to report by Aug. 13 to Glen Helen Rehabilitation Center in San Bernardino. Perez is eligible to serve his sentence through weekend work release.

The past couple weeks at Freddy Najarro's murder trial, the subject of his 1996 manslaughter conviction has come up a few times in conversations with Dennis Smalling's friends and family members.

(Najarro was convicted of voluntary manslaughter today for Smalling's 1992 stabbing death.)

I dug up a long article I wrote last year about Najarro -- it goes into detail about Smalling's death, and about Najarro's 1996 manslaughter conviction.

Najarro, who was then working as a bartender in Fontana, struck a man in the face with the butt of a rifle, killing him. Najarro was upset at the man over an unpaid $8 bar tab.

The story also mentions an unsolved killing from 1994 at the same bar -- Las Palomas, 17904 Foothill Blvd. Victor Byrd, a black man, was shot to death there. The suspects were described as two Hispanic men.

San Bernardino County sheriff's Detective Greg Myler -- one of the department's two full-time cold-case investigators -- told me today that he's unfamiliar with the details of the case. He said he and his partner have hundreds of unsolved cases, and haven't begun investigating Byrd's death.

Here's the feature story. Click on each image to view a larger version.

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RANCHO CUCAMONGA -- A jury found a Pomona man guilty of voluntary manslaughter today for a fatal stabbing in 1992 at an illegal warehouse party here.

Freddy Najarro, 36, faces a maximum prison term of 11 years when sentenced Aug. 13 for killing Dennis Smalling, 19, of Riverside.

The two men -- total strangers before May 15, 1992 -- fought after Najarro became angry at Smalling for staring at his girlfriend. During the fight, Najarro stabbed Smalling several times, killing him.

Smalling's supporters said they were upset about the verdict. They said they had hoped for a murder conviction, which carries a life sentence.

"I feel like he's a cold-blooded killer and he'll kill again," said Laura White, a former girlfriend of Smalling's brother. "Maybe someone will shank him while he's locked up."

Najarro rocked back and fourth rapidly before the verdict was read. After he learned he'd been spared a murder conviction, he looked up at the ceiling, then looked back and smiled at his parents in the courtroom audience.

Smalling's killing remained unsolved until last year, when an anonymous tipster told San Bernardino County sheriff's detectives that Najarro was responsible for Smalling's death.

The jury of nine women and three men deliberated four days in West Valley Superior Court before reaching a verdict. They had the option of convicting Najarro of first-degree murder, second-degree murder, voluntary manslaughter or involuntary manslaughter.

A woman on the jury said in an interview that at least eight jurors initially favored a murder conviction, but the group eventually settled on voluntary manslaughter after some jurors said they wouldn't vote to convict Najarro of murder.

"We all knew that it wasn't self-defense," Jessica Seyler said. "It was either manslaughter or murder."

Najarro's attorney, Gary Wynings, argued during the trial that Najarro was being badly beaten by Smalling, and pulled out his knife in self-defense.

The prosecution told jurors that Najarro instigated the fight, and planned from the beginning to stab Smalling. Both men were attending a party that was illegally staged in a vacant warehouse at 12027 Arrow Route in Rancho Cucamonga.

"We feel OK with the verdict," said Detective Greg Myler, the lead investigator in Najarro's case. "That's why we have the jury system -- to decide these matters."

Najarro has a strike conviction from 1996 for voluntary manslaughter.

The strike -- which would ordinarily double Najarro's prison sentence -- will not be applied at sentencing for Smalling's killing because it was not on his record in 1992, said Deputy District Attorney John Patrick Thomas.

Najarro was sentenced to 11 years in prison for his 1996 case, in which he struck two men in the face with the butt of a rifle, killing one of them -- 26-year-old Pedro Reyes Salomon of Redlands.

At the time, Najarro was working as a bartender in Fontana at a bar his father managed. His dispute with the men was over an unpaid $8 bar tab.

Jurors did not learn during Najarro's trial about his prior manslaughter conviction. Such information is inadmissible because it's considered prejudicial, Myler said.

After being told of Najarro's prior manslaughter conviction, Seyler, who said she initially favored a murder verdict, said if the jury had known about it, "I think it would have made a huge difference."

Two of Joseph Orta's family members prepared statements to read aloud during this morning's sentencing. Judge Marrs denied a request to allow them to speak. After the hearing they gave me copies of their remarks. Here they are -- in full and unedited:

July 14, 2010

Good morning, my name is Raquel Sanchez, little sister of Joseph Orta. Yes it's sad what has happened and it's hard for me too, to see all this pain and hurt in both families. Am really going to miss my big brother a lot. When I was little he tried his very best to spend as much time with me. And am going to miss that, he always called me his lil sweetie. And as for me I would call him Butter, because I couldn't say brother when I was little. There are many memories that me and my big brother shared ... and every one of them were very joyful (heart drawing) ... I am always going to love you my Butter.

...

This message is from Orta's mother:

Good morning, my name is Connie Sanchez. It is sad what both families have gone through. We cannot change the past, nor what has happened. As a mother to lose a child - there is no greater loss. Myself, also a mother - I have experienced great sadness and pain as well. My biggest wish is that all our pain and anger we have gone through can be changed though the act of forgiveness. I ask that with all my heart that the love and peace of God fill all our hearts. To forgive is not by choice, but a responsibility given to us by God. With forgiveness comes healing and peace for all our souls. May the Lord be with you Joey.

Tracy Ponce, mother of Eileen Nicole Ponce-Orta, emailed me a copy of her prepared remarks from the sentencing hearing this morning for her daughter's convicted killer. Full Story

Here is the full text of her statement, which she read aloud in court:

VICTIM'S IMPACT STATEMENT
by Tracy Ponce, Mother of Eileen Ponce

Your honor, I'd like to first say thank you for allowing me to speak on behalf of my daughter Eileen Ponce who was only 22-years old when she was found murdered on the morning of February 15, 2008. My husband Rick and I only had two-children and Eileen was our only daughter, our first born.

Our Eileen Nicole, was truly the light of our life. I still remember how happy we all were the day she was born on Nov. 5, 1985, she was the biggest baby born that night, 9lbs, 8 ½ oz. She was strong at birth and I believe that she was strong all the way til the end of her life.

Eileen was a type of person, that once you met her, you had a friend for life. She enjoyed helping those less fortunate than her own self. Eileen did go through a rough-patch during her teenage years, but she came through it Shining like a Star and she learned to appreciate her family and life a bit more. I know this because she shared this with us, plus she wrote about it in her journals too. Eileen loved her life!!

Eileen loved and believed in God. She knew she was blessed with all that God had done for her; especially blessing her with a beautiful baby girl she named Alina Star. Alina was the most important thing in her life and she truly loved being a mom to her. Eileen loved teaching Alina many things and dressing her up and taking her out to discover the world. She was a great mom to Alina. In the short time that Eileen got to spend with her baby, I know she truly treasured every minute of it because she was a very proud mom. And I too, was a very proud of mom of the way my daughter Eileen took so good care of her baby girl!!

Our daughter Eileen was a good person!! She was not in any way the person that you, (Joey Orta) tried to portray her as in this courtroom. And that is why you continued to chase after her, even though she told us that she was going to cut ties with you because you were beyond help. In the end, she knew you were not a normal person, and now we all know this too.

Joey, do you even realize that when you killed Eileen, you killed her whole family too? Me, Eileen's dad and her brother Ricky are all suffering and it's very hard for us to move on with our lives without Eileen, but we do it, for our Alina Star, so that she can grow up in a happy and fulfilled life, just the way Eileen would have wanted her too.

See, I don't think you realized that the main person that will have to live with this void in their life is Alina Star. Like I've told you in a letter before, I can be the best grandma ever, but my granddaughter will always want and miss her mommy. Alina will grow-up without ever having the chance to know how much fun her mommy was and how good of a person she was. You have taken away those special "Mommy & Me" times from Alina!

But thankfully, me, Rick, Ricky, Nick & many other Ponce Family members are here to make sure that Alina continues to grow up happy and healthy!! And that is why her name was legally changed to PONCE, yes, she is Alina Star Ponce. We did not want her to share the same name as the Evil Person who took her mommy's life. And when she is of age and wants to know the truth about what happened to her mommy and who is responsible, I will surely tell her it was her daddy's No Good Cousin who tricked us all into believing that he was a changed man who wanted to better his own life. I don't understand you at all. I still can't believe that I am living my life without my daughter by my side, laughing, smiling or joking with me.

See some people may not understand that the loss of a child, no matter their age, is the most difficult experience that a parent can go through, but when that child is murdered, their life deliberately ended, that pain is so much worse.

As some say, when a parent dies, you lose your past, when a child dies, you lose your future. We lost our future when you murdered Eileen.

I want to you to know that after this day, unless there are other court proceedings, I will continue to live my life without thinking of You! You are Nothing, but a Cold-Blooded Killer who selfishly took our daughter's life and now you will no longer exist to us.

Joey, I don't think we'll ever understand why you murdered our daughter, but I do know, in my heart, that my girl may have suffered for a few minutes, but the good Lord took her by the hand and led her straight to heaven. Eileen believed in God and all she wanted to do was help those who wanted to better their lives, like you did or so you said. Eileen wanted to help you be a better man and do good works but instead you turned on her, one of God's children, and if you don't feel any remorse now, one day you will have to deal with it. Again, the person who is hurting the most is Alina Star because she is the one who will have to grow up without her mommy, but thankfully we did receive JUSTICE for our Eileen, and we have our Faith, so we will always have Eileen in our Hearts.

My hope for you Joey, is that you never have a day's peace until you truly repent for what you have done to Eileen and her family. I wish I could find it in my heart to forgive you, but it's not between me and you, that is something between you and God.

Your honor, I feel that Joey Orta should remain in prison for the rest of his natural life or at least receive the Maximum Sentence for what he has done. I am asking that he be made to pay restitution for the life that he has taken and for the health and peace that I will never have again. I would also like to request that this statement be included in his public record and be reviewed by the parole board before any consideration for parole is made. Also, I would like to be kept informed of any future legal proceedings in this case so that I can arrange to attend any hearing because I want to make sure that I am there to Object to any chance of this Killer getting out of prison early because there are no chances for us, of ever being released from the pain that he has caused us. We truly are the ones who suffer a life-sentence.

Thank you again your honor for allowing me this opportunity to tell you a little about my daughter and to identify her as the good human being she was. She was my child and I will always love and miss my beautiful Eileen.

Thank you!

POMONA -- A man convicted of murdering his cousin's wife two years ago and dumping her body beside the courthouse here was sentenced today to 56 years to life in prison.

Joseph Gary Orta, 36, of Azusa, will not be eligible for parole until he is about 90 years old. He was convicted last month of fatally stabbing 22-year-old Eileen Nicole Ponce-Orta of Covina.

Before he was sentenced, Orta was given an opportunity to speak in court. He said he was innocent and called a key prosecution witness a lair.

"I'm not the person they're trying to make me out to be," Orta said. "I have feelings, and I have a heart."

Ponce-Orta's husband -- Orta's cousin -- invited Orta to live with the couple after Orta was released from prison for assault. Once he moved in, Orta began an affair with Ponce-Orta.

The two were seen together with Ponce-Orta's young daughter in the days leading up to Ponce-Orta's death from a stab wound to the neck.

Her family found her body in her van the morning of Feb. 15, 2008. The van had been abandoned in a parking lot beside Pomona Superior Court.

Before Orta was sentenced today, Ponce-Orta's husband and mother spoke in court.

Nicolas Ponce -- who had his name legally changed from Nicolas Orta after his wife was killed -- called his cousin a "monster" and said he deserved the death penalty.

"You took away a daughter's mother," he said. "How could you do such a thing?"

Orta, who wore orange jail scrubs during the hearing, appeared frustrated as he listened to his cousin's remarks.

"You didn't see me do nothing," Orta said, interrupting Ponce before being quieted by Los Angeles County sheriff's deputies.

Ponce-Orta's mother, Tracy Ponce, told Orta he was "evil" for killing the mother of a girl who was then only 2 years old.

"My hope for you Joey is that you never have a day's peace until you repent," she said.

Judge Bruce F. Marrs' sentence of 56 years to life was the maximum penalty he could give in the case. Orta's attorney said she would file a notice of appeal on behalf of Orta.

As Orta was led out of the courtroom after his sentencing, he turned to his family and said, "Bye." He then lashed out at his cousin, yelling, "You're a (expletive), Nick."

After the hearing, Orta's sister said she believed her brother was innocent.

Alicia Sandoval said she believes Orta wouldn't have been convicted without the testimony of a man who cooperated with authorities in exchange for leniency is his own murder case.

The witness, Albert Matthew Sandoval, said in his testimony that Orta came to his house the day before Ponce-Orta's body was found.

Albert Sandoval said Orta arrived in Ponce-Orta's van -- the same van that was later discovered beside the courthouse.

Sandoval said he saw what appeared to be a woman lying on the back seat. She was covered with blankets, and only her feet were visible.

His memory of the woman's toenail polish color was very close to the true color of Ponce-Orta's toenail polish when her body was found.

Marrs denied Orta's family an opportunity to speak in court. In a written statement she prepared for the hearing, Orta's younger sister said, "It's hard for me to see all this pain and hurt in both families."

"I am really going to miss my big brother a lot," Raquel Sanchez said. "When I was little he tried his very best to spend ... time with me."

Tracy Ponce, who said she's attended all of Orta's court hearings, said after Orta's sentencing that her family "got the last laugh."

"I'm happy justice was served," she said. "Eileen and (her daughter) got justice. He'll most likely he'll be in prison for the rest of his life."

Pictured: Joshua Hall after the riot.

CHINO -- After hearing testimony from correctional officers, a judge ruled today that an inmate at the California Institution for Men must stand trial on charges that he helped set fire to a barracks during last year's prison riot.

Caris Lynn McDougald, 24, is accused of adding flammable material to a fire set by another inmate during the August disturbance, in which more than 300 inmates were injured in about 12 hours of rioting.

The fire destroyed Joshua Hall, which housed about 200 inmates in the Reception Center-West section of the prison, and caused more than $1.6 million in damage, according to testimony in Chino Superior Court.

Officer Lee Rogers testified during a preliminary hearing that he saw three or four inmates contribute to the fire at Joshua Hall. He said he could only identify McDougald because of the inmate's distinctive dreadlocks.

"Mr. McDougald stood out because of his appearance," Rogers said.

Rogers said he saw an inmate set the fire using a cigarette lighter, and moments later McDougald and other inmates added paper and other flammable objects to the blaze.

"When they put items on the fire, the fire increased in size dramatically," the officer testified.

During his testimony, Rogers detailed what he saw during the riot -- termed a "racial disturbance" in one prison report -- which began the evening of Aug. 8 and didn't end until the following morning.

Rogers said correctional officers formed skirmish lines before entering the areas of the prison where inmates were rioting.

The officers' initial duties included coming to the aid of prisoners who were wounded, Rogers said.

"There were numerous severely injured inmates," Rogers said.

Inmates armed themselves with spears, Rogers said, and some inmates threw the spears at officers. Other inmates tried to climb the prison's electrified fence, the officer testified.

McDougald's attorney, Christina Villalobos, argued that McDougald shouldn't be held to answer on arson charges because another prisoner set the fire.

Judge Colin J. Bilash disagreed with her assessment. "More than one person can be responsible for the burning of a building," he said.

McDougald faces up to 11 years in prison if convicted. That sentence includes up to 8 years for arson, plus 3 additional years because the cost to rebuild Joshua Hall will exceed $1.3 million.

Officer Amanda Thompson testified that reconstruction of Joshua Hall will cost $1,657,500.

McDougald is next due in court July 22.

RANCHO CUCAMONGA -- A jury began deliberating this afternoon in a man's murder trial for a 1992 fatal stabbing at a warehouse party here.

The jury, which includes nine women and three men, began deliberating at about 3:30 after hearing closing arguments in West Valley Superior Court from attorneys in the case.

Both attorneys agreed that two strangers -- Freddy Najarro and Dennis Smalling -- began fighting after Najarro objected to Smalling leering at his girlfriend at a May 15, 1992 party illegally staged in a vacant warehouse at 12027 Arrow Route.

During the fight, Najarro stabbed Smalling several times. The 19-year-old Riverside man died from his wounds.

Najarro's defense attorney, Gary Wynings, told jurors that Najarro, a Pomona native, was acting in self-defense when he stabbed Smalling, who was about four inches taller than Najarro.

Deputy District Attorney John Patrick Thomas argued that Najarro, 36, instigated the fight, and planned to stab Smalling before the first punch was thrown.

Jurors have the option of acquitting Najarro, or convicting him of one of four charges: first-degree murder, second-degree murder, voluntary manslaughter or involuntary manslaughter.

The jury was scheduled to deliberate today until 4:30 p.m., and resume deliberations Tuesday morning.

Wynings told jurors that Najarro should be convicted of no more than voluntary manslaughter.

The attorney said Najarro, who was 18 at the time of the fight, was overmatched by Smalling, an experienced fighter who often got into minor scrapes at parties, according to testimony from his friends, Wynings said.

"(Najarro) was getting punched repeatedly, pushed back 15 feet into a speaker system," Wynings said.

Thomas told jurors that Najarro's actions before and after the fight indicate his guilt.

Witnesses said Najarro yelled a racial slur at Smalling, who is black. And after the stabbing, Najarro's girlfriend said she watched him burn his clothes in a fireplace to, in his words, destroy evidence.

"This is a fistfight that the defendant turned into a knife fight right away, before it even started," Thomas said.

Najarro likely assumed Smalling was unarmed, Thomas said, because before entering the party Smalling would have been searched for weapons. Because Najarro was friends with the organizers, he wasn't searched, Thomas said.

Najarro was arrested last year after investigators received an anonymous tip identifying Najarro as Smalling's killer.

Drew Young, Smalling's cousin, was in court during the closing arguments. He said afterward that he feels Najarro should be convicted of murder.

He called his cousin's killing a "classic case of a punk ... that couldn't fight and stabbed somebody."

RANCHO CUCAMONGA - Testimony ended this afternoon in the murder trial of a man accused in a 1992 fatal stabbing at a warehouse party here on Arrow Route.

Prosecutors accuse Freddy Najarro of acting as the aggressor in a fight with Dennis Smalling -- stabbing him more than a dozen times after Smalling, 19, smiled and stared at Najarro's girlfriend.

Najarro's attorney has said Najarro, a 36-year-old Pomona native, was acting in self-defense during the May 15, 1992 incident.

A jury of nine women and three men is expected to begin deliberating Monday in West Valley Superior Court after hearing closing arguments from attorneys in the case.

Najarro was arrested last year in the long-cold case after an anonymous tipster told authorities Najarro killed Smalling.

The final witness called today was a defense-hired psychologist who detailed the "fight or flight" instinct that the defense may argue took hold when Najarro stabbed Smalling.

The two men did not know each other prior to the party, which was illegally staged in a vacant warehouse at 12027 Arrow Route.

According to testimony this week from Najarro's ex-girlfriend, Smalling and two other men were staring at her as she danced with Najarro.

After Najarro took notice, Najarro, who was then 18, exchanged threatening gestures and words with Smalling, of Riverside. The two men did not know each other.

The confrontation escalated into a fistfight, and Najarro drew a knife and stabbed Smalling, who died that night from his wounds.

The psychologist, Taylor Cantrell, did not address the specifics of Smalling's killing. Instead, he spoke generally about the "fight or flight" instinct and responded to hypothetical questions from attorneys.

When a man believes he must defend himself and draws a weapon, "It's unlikely they would stop in the middle to think about it," Cantrell said.

"He would fight until he's assured of his survival," Cantrell said.

Besides Cantrell, the only other defense witness to testify was a party organizer who said that shortly after Smalling was stabbed, a man he didn't know walked up to him and began talking about a fight Smalling had with the man's "homies."

"I took care of him," the man said, according to Jose Flores.

According to Flores, the man was white and had long blond hair. That physical description does not match Najarro, who had brown hair.

Under cross-examination, Flores acknowledged that in some interviews about the encounter, he told investigators the man said, "We took care of him," rather than, "I took care of him."

But Flores insisted in his testimony today that "I took care of him" was the correct statement.

Prior to Flores' testimony, jurors heard the final portion of Najarro's taped interview with San Bernardino County sheriff's detectives.

After repeated denials, Najarro admitted he got into a confrontation at the party and was punched. He said he didn't fight back or stab anyone.

Pictured (L-R): Freddy Najarro and Silvia Gutierrez, in an image captured from video footage of the May 15, 1992 party.

RANCHO CUCAMONGA -- An accused killer's ex-girlfriend took the witness stand today and described seeing her boyfriend stab a man in 1992 at a warehouse party.

Silvia Gutierrez testified in Freddy Najarro's murder trial in West Valley Superior Court that Najarro and another man made threatening gestures at each other before clashing.

During the fight, Najarro stabbed 19-year-old Dennis Smalling, who died that night from injuries suffered at the May 15, 1992 party in Rancho Cucamonga.

Smalling, of Riverside, and two other men were leering at Gutierrez as she danced with Najarro, who was then 18, the woman testified.

Gutierrez said that as she and Najarro drove away from the party after the fight, Najarro admitted "shanking" Smalling, who he had never met.

"I'm telling him, 'Why?' And he said, 'I had to defend myself,'" Gutierrez testified.

Najarro, now 36, could face a life prison sentence if convicted of murder in Smalling's death.

He was arrested last year after cold-case investigators from the San Bernardino County Sheriff's Department received a tip that Najarro was Smalling's killer.

Najarro's attorney, Gary Wynings, has argued that Najarro was outmatched by Smalling -- who was four inches taller -- and was defending himself during the fight.

Jurors will have the option of convicting the Pomona native of manslaughter, which carries a more lenient sentence than murder.

After Najarro and Gutierrez arrived at Najarro's home after the party, Najarro burned his clothes in the fireplace, Gutierrez said.

"He said that he didn't want no evidence," she testified.

Najarro also told his girlfriend to remain silent about the incident. "He just told me, 'You better not say anything or I'll take you out,'" Gutierrez said.

After Gutierrez's testimony, jurors heard the first hour of Najarro's recorded interview with detectives after his arrest in August.

He told detectives he seldom attended "underground" parties in the early '90s, and never fought with anyone at the parties.

"Don't look at me," he said twice when a detective mentioned a killing at a party.

He also told detectives that he didn't meet Gutierrez -- a key witness in Smalling's 1992 killing -- until 1994.

Testimony in Najarro's trial is set to resume Thursday morning. Judge Stephan G. Saleson told the jury they will likely begin deliberating Monday.

POMONA -- A man allegedly involved in a fatal shooting here in December must stand trial for murder and other criminal charges, a judge ruled today after hearing testimony from a witness and police.

Edgar Silva, 21, was shot in the head at Garey Avenue and Philadelphia Street by a passenger in a car allegedly driven by 18-year-old Ramiro Hernandez, according to testimony this morning in Pomona Superior Court.

Prosecutors allege Hernandez participated in the shooting to benefit a south Pomona gang to which he reportedly swore allegiance.

The gunman in Silva's Dec. 19 killing has not been arrested. Pomona police Detective Andrew Bebon said "no comment" when asked in a courthouse hallway about the shooter.

"You can just put it's an active, ongoing investigation," Bebon said.

A friend of Silva's who was with Silva during the shooting testified in today's preliminary hearing that he and Silva first saw Hernandez's car waiting at a red light as they walked past in a crosswalk at Garey and Philadelphia.

The friend, a 20-year-old man whose name is withheld for fear of gang retaliation, said he and Silva did not talk to the people in the car prior to seeing it at the red light.

As Silva and his friend walked toward the front door of Silva's house on Philadelphia, the car pulled up to the curb. Its occupants yelled at them and a man in the front-passenger seat made signs with his hands, the man testified.

The car drove off, and Silva and his friend quickly got into Silva's car and left his house. They were waiting at a light at Philadelphia and Garey when the other car -- a 1988 Honda CRX -- approached from the rear and sped past them, according to the witness.

The car turned north onto Garey, and Silva followed, the witness testified. The man sitting in the passenger seat of the CRX flashed a handgun out of his window.

The witness said he heard four gunshots.

"My friend got shot in the head," the man testified.

Hernandez was arrested Dec. 23 after police received a tip that his car -- which matched the description of the car used in the shooting -- was parked at a Jack in the Box restaurant at Garey and Philadelphia, according to an affidavit written by Detective Mark McCann to obtain a search warrant in the case.

Bebon testified that Hernandez admitted his role in the shooting in a conversation with a person Bebon later interviewed.

"He stated that he and a homeboy had been driving in the car, and his homeboy had shot somebody," Bebon testified.

Hernandez made references to his alleged gang affiliation in text messages and on a MySpace page, according to police testimony.

Police found a gun in his car, as well as cartridges in the room where he was staying.

The caliber of the gun and cartridges do not match bullets found at the shooting scene, and Bebon testified that he believed another weapon was used in Silva's killing.

At the time of the shooting, Hernandez was living in Roseville, a city about 20 miles northeast of Sacramento.

His uncle lives in Pomona, and three years ago during a field interview with police Hernandez listed the man's address as his home, according to McCann's affidavit.

Hernandez's attorney declined to comment to a reporter after the hearing.

"I can't talk right now," Anthony Cavalluzzi said. "I have no comment for you."

Hernandez, who remains jailed in lieu of $2 million bail, is next due in court July 20.

RANCHO CUCAMONGA -- A Corona man pleaded not guilty Thursday to murder and other criminal charges for allegedly killing another driver this week when he crashed a stolen car in Upland during a police pursuit.

Claremont police saw Brett Joseph Fagan, 25, driving a BMW at about 9:30 a.m. Tuesday that had been reported stolen Sunday from an Upland man's garage.

The car did not have a license plate, so an officer tried to pull Fagan over. The officer was unaware the car had been reported stolen.

Rather than pull to the side of the road when the officer attempted a traffic stop, Fagan sped off, police said.

At the intersection of 16th Street and Benson Avenue Fagan collided with a pickup truck being driven by 76-year-old William Blanchard. Blanchard was pronounced dead at 11:18 a.m.

Fagan remains jailed in lieu of $2 million bail at West Valley Detention Center in Rancho Cucamonga.

He is next due in West Valley Superior Court on Wednesday. Fagan has prior felony convictions in San Bernardino County for vehicle theft and receiving stolen property, court records show.