January 2011 Archives

RANCHO CUCAMONGA -- Larry Darnell Shyne never planned for Kimberly Michelle Sum to be shot and killed.

Shyne, Sum's former pimp, allegedly enlisted his cousin and his cousin's gang associate to rob Sum at her Ontario hotel room.

Shyne wanted Sum's laptop, and he told his cousin, Donald Ray Walker, and the associate, Matthew James McClane, to keep any cash and valuables.

But when Walker and McClane visited Sum on Dec. 19, 2008 at the Hotel Indigo under the guise of a "date," the call girl didn't have a laptop or valuables in her room.

And Sum, 41, kept screaming during the robbery. As her screams became louder, McClane allegedly took out a pistol and shot Sum in the chest, killing her.

That was the narrative a prosecutor told jurors today in her opening statement in West Valley Superior Court, where Shyne and McClane's murder trial opened for their alleged roles Sum's slaying.

"She was a mother," Youngberg said of Sum. "She was a friend to many."

After Deputy District Attorney Carolyn Youngberg spoke to jurors, a defense attorney gave an opening statement -- urging jurors to keep an open mind -- and three witnesses testified. Testimony is scheduled to resume Tuesday morning.

Walker, 23, pleaded guilty to voluntary manslaughter in 2009 as part of a plea agreement with prosecutors that carries a 17-year prison sentence.

As part of his agreement, he must testify during Shyne and McClane's trial.

Shyne, 31, of Pomona, was a pimp, and at one time Sum was one of the call girls that worked for him, Youngberg told the jury of 10 women and two men.

According to Youngberg, Shyne was known for being violent with his prostitutes, and during a previous dispute with Sum he assaulted and threatened her.

Because of his past association with Sum, Shyne knew her room number at the Hotel Indigo, a newly opened hotel north of the 10 Freeway and west of Haven Avenue where Sum had lived for about six months, Youngberg said.

With her room number in hand, Shyne contacted Walker, who is a member of a Los Angeles gang, and asked him to enlist an associate to carry out the robbery.

"Kimberly Sum would be here today if Mr. Shyne did not set this up," Youngberg told jurors.

During the investigation into Sum's killing, police released footage from hotel security cameras that captured images of Walker and McClane. Tips from the public led detectives to both men, who were arrested March 12, 2009.

After his arrest, Walker at first denied any involvement in Sum's death. But during an interview with detectives, he eventually revealed each defendant's alleged role in Sum's death.

He told police that Shyne's plan called for Sum to be robbed, and assaulted only if she resisted. He said he was surprised and angry when McClane, 28, took out a pistol and shot Sum.

McClane's attorney, Gary Ablard, called Walker's comments to police into question during his opening statement, and said, "Cross-examination is a big part of the defense."

"We are going to test that evidence, and hopefully the truth will come out of that," Ablard said.
Ablard also noted that Youngberg's comments were not evidence.

"I only ask that as we go through this trial you keep an open mind," Ablard said.

Shyne's defense attorney, David Call, did not give an opening statement today, but reserved his right to give a statement after the prosecution's portion of the trial is over.

The prosecution's first witness was a former employee at the hotel who discovered Sum's body the day after the shooting when she checked her room after receiving two "mystery calls" at the front desk asking about Sum's condition.

Shyne is a former football player who played wide receiver for Mt. San Antonio College, and was a member of the team that won the state championship in 1997.

Shyne went on to play for Purdue University and the University of Nevada, Las Vegas.

CHINO -- A 28-year-old man has been charged with arson for allegedly setting fire to his ex-girlfriend's car.

Carlos Allen Alexander is accused of stalking his ex-girlfriend after their breakup in October, with his actions culminating Jan. 13 in the alleged torching of the 27-year-old woman's car.

Alexander has pleaded not guilty to arson, and he is next due Tuesday in Chino Superior Court for a preliminary hearing, in which prosecutors must present evidence for the case to proceed to trial.

Alexander has two strike convictions, so he could face a prison sentence of 25 years to life if convicted of arson.

Alexander remains jailed in lieu of $625,000 bail at West Valley Detention Center in Rancho Cucamonga.

According to a police report contained in his court file, Alexander continuously called and sent text messages to his ex-girlfriend, and often came uninvited to her apartment in the 13000 block of Ramona Avenue in Chino.

"He is always telling her that he loves her and asks why she won't take him back," the police report says.

His ex-girlfriend and another witness told police Alexander was lurking outside the woman's apartment complex the evening of Jan. 12, in the hours before her car was torched.

The woman told police that when she came home from work at about 6 p.m., her patio screen door and storage shed door were open, as if someone tried to break into her apartment.

She later opened her front door and saw Alexander nearby. She told police they made eye contact but did not speak, and she went inside and closed the door.

Over the next several hours, Alexander called his ex-girlfriend numerous times and asked her to let him into her apartment. She said she refused each time.

At 11:30 p.m., the woman said her doorbell rang, but she was in bed and did not answer the door because she feared it was Alexander.

About 45 minutes later, the woman's car was torched.

A man who lives in the apartment complex told police he was walking in the parking lot and saw the woman's car on fire.

He said he saw a man who matched Alexander's description about 30 feet away from the car and walking away from it, according to the police report.

Chino police officers arrested Alexander at about 10 a.m. Jan. 13 at The Welcome Inn in Pomona, which is located at 4118 Mission Blvd.

CLAREMONT -- A 48-year-old man was arrested this morning by federal authorities for allegedly mailing letters containing poisonous substances to a courthouse and to several offices of the Los Angeles County Department of Children and Family Services.

Martin Calvin Yarbrough Jr. was arrested at his home in Claremont. He was indicted Tuesday by a federal grand jury on 13 counts of making threats and hoaxes.

Each count carries up to five years in prison, meaning Yarbrough could face a sentence of up to 65 years, according to a news release from the U.S. Attorney's Office.

Yarbrough pleaded not guilty to criminal charges this afternoon in a Los Angeles federal courtroom. A trial was scheduled for March 22, said U.S. Attorney's spokesman Thom Mrozek.

Yarbrough was released from custody this afternoon after posting $25,000 bail, Mrozek said.

A woman who identified herself as Yarbrough's sister said today that she's "speechless" over her brother's arrest.

"There's nothing I can really tell you right now," said Yarbrough's sister, who declined to give her name.

Between November 2008 and May 2010, Yarbrough allegedly mailed letters containing either a white powdery substance or a bluish granular substance that authorities determined was poisonous.

"The material was found to be poison, but not bacterial biothreat agents or other toxins like, say, ricin or anthrax," Mrozek said.

The letters led to employee evacuations in each of the locations they were received.

The letters were mailed to the Edmund D. Edelman Children's Court in Monterey Park, and to Department of Children and Family Services offices in Pomona, Covina, El Monte, Monterey Park, Santa Fe Springs, Los Angeles, Chatsworth and Lancaster, according to the news release.

"Using threatening letters and hoax powders to convey discontent is a serious crime and, as evidenced with the arrest of Mr. Yarbrough, has significant consequences," said Steven Martinez, assistant director in charge of the FBI in Los Angeles.

"The major law enforcement response generated every time such a letter is received is time-consuming and accomplished at the expense of taxpayers," he said.

RANCHO CUCAMONGA - A trial is scheduled to begin Tuesday in the lawsuit between two Filippi brothers that will determine the fate of the Joseph Filippi Winery.

Attorneys for Gino and Joe Filippi confirmed the trail date today during a trial readiness hearing in West Valley Superior Court.

Gino, an Upland councilman who owns a 45 percent stake in the Rancho Cucamonga winery, was fired from his position at the winery and is seeking to dissolve the family business.

Joe, who owns a 55 percent stake in the business, has counter-sued Gino for alleged breach of fiduciary duty.

A court staff member said today that the trial will begin Tuesday if there is a courtroom with an open schedule that can accommodate the trial proceedings. If there is not space, the trial date will be pushed back, the staff member said.

RANCHO CUCAMONGA -- An April 18 trial date was scheduled today in the case of two law enforcement officers charged in the alleged kidnap and rape last year of an Ontario Mills waitress.

Anthony Nicholas Orban, a former Westminster police detective, is accused of kidnapping a waitress at gunpoint April 3 in the mall's parking lot, then sexually assaulting her in a parked car for more than an hour at a Fontana shopping center.

His childhood friend, California Institution for Men corrections officer Jeff Thomas Jelinek, is accused of watching the kidnapping, picking up Orban after the assault, and erasing incriminating cell phone messages.

The men, who have pleaded not guilty and remain jailed in lieu of $2 million bail, are next due March 4 in West Valley Superior Court for a pretrial hearing.

PALM SPRINGS - A doctor from Rancho Cucamonga was sentenced to a year in jail today for forging prescriptions and adopting patients' identities to obtain painkillers.

Lisa Michelle Barden, 41, pleaded guilty last month to 274 felonies in connection with the scheme, and this month a jury found her guilty of two more criminal counts.

Judge Graham Anderson Cribbs placed Barden on five years' probation this afternoon in Palm Springs Superior Court.

Cribbs also sentenced Barden to nearly eight years in prison, but that sentence was suspended, said Deputy District Attorney Debra Ann Postil.

As part of her probation, Barden cannot practice medicine for three years, and she must attended drug treatment classes and complete 1,000 hours of community service, Postil said.

If Barden violates her probation, Cribbs could opt to send her to prison, Postil said.

Barden, a doctor of osteopathic medicine, was accused of committing her crimes between February 2007 and December 2008, when she worked at a Palm Springs medical office.

According to prosecutors, Barden used the names of five doctors from her office to forge prescriptions in 15 patients' names. She then adopted those patients' identities to purchase pills such as Vicodin and promethazine.

In the course of her scheme, Barden visited 43 different pharmacies - mostly in the Coachella Valley - and made 131 different purchases, according to prosecutors.

POMONA -- An arraignment hearing was again postponed today for a Pomona councilwoman charged with petty theft for allegedly stealing a campaign sign.

Ginna Escobar, 24, is accused of stealing a sign in November belonging to Three Valleys Municipal Water District candidate Carlos Goytia, who later won election.

This morning in Pomona Superior Court, her arraignment was delayed to Feb. 2. After the hearing, her defense attorney and a prosecutor met to discuss the case.

The prosecutor, Deputy District Attorney James C. Daloisio, did not return a call this afternoon seeking information about the meeting.

POMONA -- A 14-year-old boy accused of fatally stabbing his 73-year-old grandfather failed to appear today for an arraignment hearing.

Mario Sandoval was absent because he remains hospitalized, according to a staff member in Judge Martha Bellinger's courtroom in Pomona Superior Court.

Sandoval is next due in court Feb. 2. He is accused of killing his grandfather Jan. 11 in the 1800 block of Grier Street in Pomona.

FONTANA -- A former high school teacher who pleaded guilty last month in an attack on his estranged wife said today that he wants to withdraw his pleas.

Augustine Anene, 54, was scheduled to be sentenced this morning in Fontana Superior Court, but the hearing was postponed because of his request.

His attorney, Gina Kershaw, said a new lawyer will be appointed to represent Anene in his bid to withdraw his pleas.

Anene, a former computer instructor at Garey High School in Pomona, pleaded guilty Dec. 17 to burglary and spousal abuse as part of a plea agreement with prosecutors that carried a four-year prison sentence.

On March 29, Anene allegedly sneaked into his wife's Fontana home, hid in her bedroom closet, and waited until nightfall before emerging and attacking her in bed.

His alleged attack was stopped by one of the couple's teenage sons, who heard his mother's screams and pushed away his father, according to a police report contained in Anene's court file.

Anene is next due in court Feb. 1 to confirm the appointment of a new attorney, Kershaw said.

He is being held in lieu of $1.2 million bail at West Valley Detention Center in Rancho Cucamonga.

Pictured (L-R): Ashley Young and Leyna Basua

Updated at 2:41 p.m.

FONTANA -- A judge rejected a plea agreement today for a woman accused of driving drunk and causing a traffic collision that killed a Pomona woman.

Ashley Conner Young's plea agreement, in which she pleaded guilty last month to gross vehicular manslaughter, carried a sentence of a year in jail.

Supporters of the victim, Leyna Marie Basua, believed the agreement was too lenient, and this morning Judge Steven A. Mapes said he agreed.

"I was kind of shocked that she was getting a year in county jail with one person killed and another injured," Mapes said in Fontana Superior Court.

Young, 23, was scheduled to be sentenced today. But at the start of the hearing, a supervising deputy district attorney at the Fontana branch of the San Bernardino County District Attorney's Office said the prosecution no longer supports the plea agreement.

Richard Young cited the feelings of Basua's supporters -- about 30 of whom protested outside the courthouse this morning -- in explaining his office's wish to have the agreement thrown out.

"Our position is to make them as whole as possible," Young said.

Basua and her boyfriend, John Martin, were badly injured on Oct. 11, 2009 when their car was struck from behind by a car allegedly driven by Ashley Young on the 15 Freeway near Cherry Avenue.

Basua, 26, suffered a fractured pelvis, cuts to her legs, and injuries to her organs. Nearly nine months after the crash she died from an internal infection.

Martin's left arm was broken and his spine was injured, and he said today outside the courthouse that he still feels pain from his injuries.

"I'm very happy," Martin said after the judge's ruling. "That's exactly what we wanted. There's a chance she could be acquitted, but I'm willing to take that chance."

Young's attorney, Miles Clark, argued during the hearing that the plea agreement -- which was approved by supervisors in the District Attorney's Office -- should be honored.

"Justice has to be served irrespective of emotions," Clark said.

He said that Young was remorseful for the crash, and he noted that the evidence in the case is unchanged from when prosecutors entered into the plea agreement.

"I think the only thing that's changed is the media" is now covering the case, Clark said.

After the hearing, Clark said it's "extremely uncommon" for the District Attorney's Office to try to nullify a plea agreement that it negotiates. He said it's also uncommon for a judge to reject such an agreement.

"Justice certainly has not been served," he said.

Young, clad orange jail scrubs, cried during much of the hearing and nodded in agreement when her attorney said she was remorseful.

Her family members declined to comment to reporters.

Young is next due in court Feb. 2, and a preliminary hearing -- in which prosecutors must present evidence for the case to proceed to trial -- is scheduled for Feb. 7.

Richard Young said after the hearing that he believes Ashley Young's case will likely end in a jury trial, rather than a new plea agreement.

"(Ashley Young's attorney) could make an offer that the family and we agree on," he said. "But I seriously doubt that's going to occur."

Four months before the crash that killed Basua, Ashley Young was arrested in Beverly Hills on suspicion of drunken driving.

She didn't appear for her arraignment and she was never convicted of DUI. But as a result of the charge, her driver's license was suspended and it remained suspended at the time of the crash.

At the scene of the collision, Young told California Highway Patrol officers that she was a passenger in her car, which she said was driven by a friend who fled the scene.

In a recent interview with the San Bernardino County Probation Department, Young admitted she was the driver, Judge Mapes said today.

Mapes cited Young's initial dishonesty with officers, and her evasiveness when they tried to contact her for follow-up interviews, in explaining his ruling.

"I wondered, 'How could the defendant end up with probation with all of these factors?'" he said.

Mapes said he believed Young, if granted probation, would violate it within six months of being released from jail.

"I don't think she would be successful on probation," he said.

For several hours before the hearing, family members and friend's of Basua held signs at the entrance of the courthouse criticizing Young's plea bargain.

"Would one year be enough for the death of your child?" one sign read. Another said, "Ashley Young should go to prison."

After the hearing Basua's mother said she was happy about the judge's ruling.

"It's better now, a lot better," Mary Santibanez said.

While Young's attorney was being interviewed by reporters after the hearing, Santibanez listened to his comments for a few moments before interrupting him.

"Do you have kids?" she said.

When Santibanez shouted the question, Miles Clark stopped speaking and walked away from the group of reporters.

Martin, Basua's boyfriend, said he doesn't believe Young, who gave police home addresses in Newport Beach and Palm Desert, is remorseful.

He said no one from Young's family has contacted him or Basua's family to apologize.

"I've never seen any remorse," Martin said. "I don't know her personally, but from seeing her in the jury box ... I don't see any remorse."

Pictured: Leyna Marie Basua

FONTANA -- Friends and family members of a woman killed in a drunk driving collision are upset that prosecutors have agreed to a plea bargain with the driver that carries a a year in jail.

Ashley Conner Young, 23, will be sentenced Monday for gross vehicular manslaughter if a judge in Fontana Superior Court accepts her plea agreement with prosecutors.

But supporters of the woman killed in crash, Leyna Marie Basua of Pomona, say they intend to protest the sentence outside the courthouse and urge Judge Steven A. Mapes to reject the agreement.

Four months before the crash that killed Basua, Young was arrested for drunken driving in Beverly Hills. Her driver's license was suspended at the time of the crash.

"They told me this is all they can do because they don't have enough evidence," said Mary Santibanez, Basua's mother. "She ran into my daughter. How much more evidence do you need?"

At about 1:30 a.m. on Oct. 11, 2009, Basua's Honda Civic was struck from behind as she drove south on the 15 Freeway near Cherry Avenue by a car that authorities believe was driven by Young.

The collision pushed Basua's car across five lanes and off the shoulder of the freeway. The car crashed though a chain-link fence and into a tree, according to a police report contained in Young's court file.

Basua, 26, suffered a fractured pelvis, cuts to both legs and abdominal pain. Her passenger, boyfriend John Martin, broke his arm, and a gash to his face required stitches to close.

When California Highway Patrol officers arrived at the scene, Young was standing beside her car near the median of the freeway.

She smelled of alcohol and admitted she had been drinking, but she denied she was driving the car that collided with Basua's car, according to the police report.

Young, who provided police with home addresses in Newport Beach and Palm Desert, said her friend, Sara Elizabeth Cox, was driving the car and fled the scene.

Young told police that after the crash, a car filled with Cox's friends that had been following them from Las Vegas stopped to pick up Cox and continued on the freeway.

She then directed officers to Cox's driver's license, which was in the center console of Young's 2006 Audi.

When police interviewed Cox, she told officers that she and Young traveled to Las Vegas together for a trip and were staying together at the Rio.

The evening before the collision, they got into an argument and Young, who had been drinking, left in her car, Cox told police.

Cox told police that she drove Young's car to Las Vegas, and she didn't have a chance before Young left to retrieve her driver's license from the center console.

Officers then contacted an employee at the Rio, who verified there was a room booked under Cox's name.

The employee said Cox did not check out until Oct. 12, about 36 hours after the collision that ultimately killed Basua, according to the police report.

Despite the severity of Basua's injuries, which included extensive damage to her organs, she survived for nine months.

She was wheelchair-bound, and she couldn't bathe or use the restroom without assistance, said her mother, Santibanez.

During her time battling injuries, Basua was told by a doctor that her wounds would prevent her from being able to give birth.

"When they told her that, she just crumbled," said her friend Michelle Baumgartner.

Basua had multiple surgeries to try to repair the damage to her organs, but ultimately an internal infection spread and her organs began to fail, Santibanez said.

"The doctors told me that her body is withdrawing," Santibanez said.

As Basua's injuries worsened, she was hospitalized at Victor Valley Community Hospital. Her mother recalled the last time Basua spoke before she died.

"I go into her room. 'Mom, don't get mad. I'm tired.' And I told her, 'It's time for you to go,'" Santibanez said.

Santibanez said her daughter fell asleep in her arms, and didn't wake or speak before dying about three days later on July 1, 2010.

Martin, Basua's boyfriend of more than two years, gave Basua a ring before her death, and the couple talked about marriage. Before Basua was buried, Martin put the ring in her coffin, Baumgartner said.

The San Bernardino County District Attorney's Office filed criminal charges against Young on Jan. 25, 2010.

She remained free on $100,000 bail until July 25, after she was charged with gross vehicular manslaughter. Her bail was later raised to $250,000.

On Dec. 7, she pleaded guilty to gross vehicular manslaughter as part of a plea bargain with prosecutors that carries a year in jail.

Basua's supporters say they want Young to serve a prison term of at least four years, which is the low term on the sentencing scale for gross vehicular manslaughter.

"Honestly, I want her in prison," Santibanez said. "Number one, she killed by daughter. Number two, she lied to officers."

Santibanez said she wants Young's case to go to trial. She's confident that Young will be convicted, though she knows an acquittal is possible.

"If I'm gonna lose at trial, at least I know I tried," she said.

Young's attorney, Miles Clark III, did not return calls seeking comment today.

The supervising deputy district attorney at the Fontana branch of the District Attorney's Office declined today to discuss the evidence in Young's case or the reasoning behind her plea bargain.

"That's inappropriate when (sentencing) is pending," Richard Young said.

Richard Young did describe the so-called "Watson theory" of murder, under which a drunken driver with a history of DUI can be convicted of murder for a fatal collision.

Perhaps the most well-known example of such a prosecution is the case of driver who killed Angles pitcher Nick Adenhart and two others in 2009.

The driver, Andrew Gallo, had a previous conviction for DUI. He was convicted of three counts of second-degree murder and sentenced last month to 51 years to life in prison.

"I can tell you that as a general rule, the Watson theory of murder requires us to show reckless indifference. ... Oftentimes that is shown by prior convictions," Richard Young said.

In addition to a conviction, prosecutors are aided in such cases when a driver has attended DUI classes as a result of their conviction, Richard Young said.

"It allows us to prosecute for second-degree murder," he said. "Absent the ability to show that, we wouldn't be able to prosecute under the Watson theory."

Ashley Young was arrested on suspicion of drunken driving on June 7, 2009 in Beverly Hills.

She was charged with DUI two months later, but she didn't come to court on her arraignment date and she was never convicted.

At Young's original sentencing hearing last month for Basua's death, Santibanez said she spoke in court and complained to Judge Mapes about what she feels is a lenient sentence.

She also mentioned Young's prior arrest for drunken driving. After she spoke in court, Mapes said he wasn't comfortable sentencing Young and he rescheduled sentencing for Monday, according to Santibanez.

Pictured (L-R): Andrew Swindle and Anthony Coleman

RIVERSIDE -- Four men were sentenced to state prison this week after pleading guilty to criminal charges in connection with the shooting of a Riverside County pastor and a string of armed robberies at local diners.

Timothy William Jacquemain, 19, and Jacob Zachary Buschow, 20, both of Pomona, were sentenced after they pleaded guilty Wednesday to attempted murder in Riverside Superior Court.

Jacquemain was sentenced to 15 years, and Bushow was sentenced to 10 years. Jacquemain's sentence was longer because he admitted he used a firearm, according to minutes of the sentencing hearing.

Andrew Swindle, 24, of Pomona, Anthony Coleman, 22, of Chino, pleaded guilty Friday to attempted murder, and are set to be sentenced March 18.

Swindle's plea agreement carries a prison sentence of five years, while Coleman agreed to a nine-year term, according to minutes of Friday's hearing.

The men were among five people who allegedly robbed five diners on Sept. 15, 2009 in Los Angeles and Riverside counties, and tried to rob the pastor at Our Lady of Tepeyac in Home Gardens.

The pastor, Anthony Garduno, was shot several times during the attempted robbery but survived his injuries.

Garduno was later convicted of selling drugs at the church and possessing a stolen firearm, and was sentenced to two years in prison.

The other alleged robbers, Willis Bagley, 39, of Perris is awaiting trial for attempted murder and several counts of robbery.

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

RANCHO CUCAMONGA -- A trial began this week for two men charged with murdering a prostitute in 2008 during a botched robbery at the Hotel Indigo.

Matthew James McClane and Larry Darnell Shyne are accused of conspiring to rob Kimberly Michelle Sum, 41, a call girl who lived at the hotel for five months before she was shot and killed on Dec. 20, 2008.

A judge ruled on several motions brought by attorneys this week in West Valley Superior Court, and jury selection is expected to start next week.

Shyne, 31, of Pomona, used to be Sum's pimp and he reportedly believed Sum kept large amounts of cash in her room.

He enlisted his cousin, Donald Ray Walker of Los Angeles, and his cousin's friend, McClane, to carry out the robbery. McClane is accused of shooting Sum once in the chest when he and Walker tried to rob her.

Walker, 23, pleaded guilty in October 2009 to voluntary manslaughter and other charges as part of a plea bargain that carries a 17-year prison sentence.

As part of his agreement, Walker must testify against McClane and Shyne.

POMONA -- An arraignment hearing was again postponed Thursday for a 14-year-old boy charged with murdering his 73-year-old grandfather.

Mario Sandoval is now set to be arraigned Wednesday on charges that he fatally stabbed Bruno Rodriguez on Jan. 11 at the home they shared in the 1800 block of Grier Street in Pomona.

The reason for Sandoval's absence Thursday wasn't immediately clear, but during a previous postponement a judge said Sandoval was in a the psychiatric ward at Los Angeles County-USC Medical Center.

Pictured (L-R): Jacquemain and Buschow

RIVERSIDE - Two Pomona men were sentenced to state prison this week after pleading guilty to criminal charges in connection with the shooting of a Riverside County pastor and a string of armed robberies at local diners.

Timothy William Jacquemain, 19, and Jacob Zachary Buschow, 20, were both sentenced after they pleaded guilty Wednesday to attempted murder in Riverside Superior Court.

Jacquemain was sentenced to 15 years, and Bushow was sentenced to 10 years. Jacquemain's sentence was longer because he admitted he used a firearm, according to minutes of the sentencing hearing.

The men were among five people who allegedly robbed five diners on Sept. 15, 2009 in Los Angeles and Riverside counties, and tried to rob the pastor at Our Lady of Tepeyac in Home Gardens.

The pastor, Anthony Garduno, was shot several times during the attempted robbery but survived his injuries.

Garduno was later convicted of selling drugs at the church and possessing a stolen firearm, and was sentenced to two years in prison.

The other three alleged robbers - Andrew Swindle, 24, of Pomona, Anthony Coleman, 22, of Chino, and Willis Bagley, 39, of Perris - are awaiting trial for attempted murder and several counts of robbery.

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

CHINO -- A preliminary hearing was scheduled this week for a Chino Hills man accused of stabbing his estranged with to death in May in the street outside their home.

At the hearing, set for March 17 in Chino Superior Court, prosecutors must present sufficient evidence for Samir Mustapha Wahid's murder case to proceed to trial. Evidence at preliminary hearings is typically presented through testimony from witnesses.

Wahid, 40, is accused of attacking and fatally stabbing his wife, 33-year-old Iman Wahid, outside their home in the 15800 block of Sedona Avenue.

The couple had been separated for several months and were in the midst of a divorce. Samir Wahid was reportedly angry about the size of support payments he was ordered to make to his wife.

RANCHO CUCAMONGA -- A man has been arrested and charged with numerous crimes by prosecutors for allegedly pimping a prostitute near a truck stop in Ontario.

Arluster Berdale Johnson, 22, was arrested Jan. 4 after police saw him loitering on railroad tracks adjacent to the Travel Centers of America truck stop, which police say is known as a hub for prostitution.

When police searched Johnson's cell phone after his arrest, they found text messages directing an alleged prostitute to perform sex acts for money, according to a police report contained in Johnson's court file.

"These messages also indicated Johnson acts as an enforcer for (the prostitute) and he also both receives and utilizes (the prostitute's) proceeds from this activity for his own benefit," Officer Sean Harden wrote in the police report.

Johnson pleaded not guilty to criminal charges Jan. 7 in West Valley Superior Court. He is next due in court Jan. 27, and he remains jailed in lieu of $65,000 at West Valley Detention Center in Rancho Cucamonga.

The San Bernardino County District Attorney's Office charged Johnson on Jan. 6 with pimping and pandering by procuring, which are felonies, and with aiding prostitution and trespassing on railroad property, which are misdemeanors.

Johnson, who told police he lives in California, was born in Las Vegas and has an extensive criminal history there, according to a rap sheet contained in his court file.

His rap sheet shows he's been arrested seven times since 2006 by the Las Vegas Metropolitan Police on charges that include burglary, grand larceny, possession of a stolen vehicle, domestic battery and carrying a concealed weapon, among other charges.

SAN DIEGO -- A judge has turned down a request by death row inmate Kevin Cooper to allow further DNA testing of blood samples that Cooper believes may prove he's innocent of killing four people in Chino Hills.

Cooper was convicted and sentenced to death 25 years ago for the notorious hatchet slayings on June 4, 1983 of a married couple, their daughter and a houseguest.

Cooper has long maintained his innocence, and he pushed for DNA testing that the state's appellate lawyers agreed in 2001 to allow.

Cooper hoped the testing would show that some of the blood found at the crime scene came from people other than Cooper and those killed.

Instead, Cooper's DNA was found in the blood samples recovered from the crime scene, leading to accusations from Cooper and his attorneys that the evidence was planted.

In an order issued Friday, San Diego County Superior Court Judge Kenneth K. So rejected a request from Cooper's attorneys to conduct further DNA testing.

In his 29-page order, So repeated the evidence of Cooper's guilt -- evidence that So said was bolstered by previous DNA testing.

"After the advent of DNA testing and after the post-conviction testing that was conducted, it was established that (Cooper's) DNA and the victims' DNA were on the same article of clothing," So wrote.

"This very powerful incriminating evidence is consistent with the other overwhelming evidence of (Cooper's) guilt introduced at his trial."

In an interview Wednesday, Cooper's attorney, Norman Hile, said, "We're very disappointed."

"Since we were willing to pay for the testing, and given the state's fiscal problems, it seems ridiculous that we can't just do the testing and find out what the results are.

"But rather, the state has paid hundreds of thousands of dollars to block us from being able to test it. We simply wanted to get to the truth."

Hile said that Cooper has the right to appeal So's decision to the California Supreme Court. Hile said he hasn't decided whether he will file an appeal.

An execution date has not been set for Cooper or any other California death row inmates because of concerns that the state's lethal injection method is inhumane.

Two days before the slayings in Chino Hills, Kevin Cooper escaped from the California Institution for Men in Chino, where he was imprisoned for committing two residential burglaries in Los Angeles County.

It was the twelfth time Cooper had escaped from a jail or prison, So wrote in his order.

Cooper acknowledges that after his escape, he took refuge in a vacant home on a property adjacent to the lot where there killings took place. But he denies responsibility for the killings.

The night of June 4, 1983, Doug and Peggy Ryen, their 10-year-old daughter Jessica Ryen, and 11-year-old houseguest Christopher Hughes, died after being attacked with a hatchet, ice pick and knife.

The Reyns' 8-year-old son, Joshua Ryen, survived despite being badly injured in the attack.

Hile said he wanted to have further DNA testing conducted on a vial of Cooper's blood drawn after his arrest in Santa Barbara on July 31, 1983. The vile, Hile said, may contain blood belonging to someone other than Cooper.

A T-shirt found by authorities near the Ryens' home contained Cooper's DNA, but also had another contributor of DNA that prior testing failed to identify, Hile said.

"There's more sensitive tests now, and we just wanted to test that to see who else's DNA was on that T-shirt," Hile said.

Further testing could determine the shirt's "habitual user," as well as possibly identify an unidentified DNA contributor on a spot of blood found by authorities in the Ryens' home, Hile said.

"All of these things we would pay for to find out the truth," Hile said.

In his order, So challenged claims made by Cooper and his attorneys that there is DNA on the evidence from people other than Cooper and the murder victims.

He said that the unidentified DNA is consistent with that of Cooper and the victims, and could be a combination of DNA from Cooper and the victims.

VICTORVILLE -- A former state corrections officer pleaded no contest to grand theft Tuesday in connection with her arrest on suspicion of stealing $3,000 of merchandise from a Target store.

Tonya Denice Henderson, who worked at the California Institution for Men in Chino, entered her plea to the felony charge in Victorville Superior Court as part of a plea agreement. She is scheduled to be sentenced on Feb. 23.

Henderson, 41, was arrested Dec. 29, 2009 after she allegedly left a Victorville Target store without paying for a big-screen TV, an Xbox 360 video-game console and a steam cleaner.

She was in uniform and with her 6-year-old son during the theft, authorities said.
Henderson, of Adelanto, was hired by the Department of Corrections and Rehabilitation on July 1, 2002.

She was placed on paid leave when criminal charges were filed Dec. 30, 2009 by the San Bernardino County District Attorney's Office, and she resigned on May 19, said Lt. Mark Hargrove of the California Institution for Men.

Henderson's prosecutor and Henderson's defense attorney did not return calls seeking comment today.

FONTANA -- A Fontana Unified School District administrator has been charged with embezzlement for allegedly taking about $8,500 from a district recycling fund.

Shawn Kingsley, director of maintenance and operations, is accused of taking cash generated from the district's recycled scrap metal and using it for personal expenses, including donations to his church.

The embezzlement allegedly began in 2007 when Kingsley was named director of maintenance and operations, and continued until November, when Kingsley's alleged scheme was discovered and he was placed on administrative leave.

Kingsley, 56, of Fontana, has since resigned from the district. He told a police officer he worked there for 28 years, according to a police report contained in his court file.

Kingsley was arrested Monday when he turned himself in at the Fontana Police Department.

He pleaded not guilty this morning in Fontana Superior Court to a single count of felony embezzlement, which was filed Jan. 11 by the San Bernardino County District Attorney's Office.

Kingsley was released from West Valley Detention Center in Rancho Cucamonga this afternoon, said Arden Wiltshire, a spokeswoman at the San Bernardino County Sheriff's Department.

He is next due in court Jan. 26.

An investigation into Kingsley's alleged embezzlement began in November following a tip from another employee at the district, according to the police report.

When Kingsley spoke to a detective about the missing recycling funds, he initially claimed he used the money on district-related expenses such as retirement parties and tool purchases, according to a transcript of the interview in Kingsley's court file.

The detective told Kingsley the purchases he recalled didn't amount to the missing sum. Kingsley eventually admitted to misusing some of the money after the detective alluded to Kingsley's religious beliefs, according to the transcript.

"You need (to be) a good Christian that you are, and somebody that is so involved in the church," Detective Patricia Coyle said. "Mr. Kingsley you have to be honest, OK. People will understand if you made a mistake."

Kingsley then began crying, and said, "It's wrong, and I hurt my family. I'm ashamed," according to the transcript.

He said he'd made large donations to his church, Cross Pointe Community Church in Fontana, using money from the district's recycled scrap metal.

But Kingsley denied he took $8,500, as police allege. He told the detective one of his co-workers who had access to his office might have taken some of the funds.

During the alleged embezzlement, Kingsley's wages were being garnished to repay his son's car loan. Kingsley was a co-signer on the loan, and his son failed to make payments, according to the police report.

Staff Writer Melissa Pinion-Whitt contributed to this story.

PALM SPRINGS -- A doctor from Rancho Cucamonga was convicted of two criminal counts today in connection with a scheme in which she forged prescriptions and adopted patients' identities to obtain painkillers.

A jury deliberated for two days before finding Lisa Michelle Barden guilty in Palm Springs Superior Court of felony insurance fraud and filing a false police report, a misdemeanor.

Barden, a 41-year-old doctor of osteopathic medicine, was charged in 2009 with 276 criminal counts for allegedly stealing doctors' and patients' identities to illegally obtain drugs while employed at a Palm Springs medical office.

She allegedly used five other doctors' names to write prescriptions in the names of 15 different patients from her medical office.

She then adopted those patients' identities to purchase pills such as Vicodin and promethazine between February 2007 and December 2008.

Barden made 131 such purchases at 43 different pharmacies -- most of which were in the Coachella Valley.

Barden pleaded guilty last month to 274 felony counts in connection with the scheme, but she maintained her not guilty pleas for the two counts she was convicted of today.

Barden is scheduled to be sentenced Jan. 27.

POMONA - A 14-year-old boy charged with murdering his grandfather remained hospitalized today and was again absent from a scheduled arraignment hearing.

Mario Sandoval, of Pomona, remained hospitalized in the psychiatric ward at Los Angeles County-USC Medical Center, Judge Martha Bellinger said in Pomona Superior Court.

Hospital officials have reported that Sandoval is a danger to himself and others, Bellinger said during a brief hearing in which Sandoval's arraignment was postponed to Thursday.

"He obviously needs to be released from the psychiatric ward before he can appear in this court," Bellinger said.

Sandoval is accused of using a knife to fatally stab his grandfather - 73-year-old Bruno Rodriguez - on Jan. 11 in the 1800 block of Grier Street in Pomona.

He is currently being prosecuted as a juvenile, but the Los Angeles County District Attorney's Office has requested that a "fitness hearing" he held in which a judge will decide whether Sandoval can be prosecuted as an adult.

If convicted as a juvenile, Sandoval can only be imprisoned until he's 25 years old. But if he's convicted as an adult, he could face a prison sentence of 26 years to life.

POMONA -- A 14-year-old boy charged with murdering his grandfather was unable to appear in court for an arraignment today because he was being treated in a hospital for undisclosed injuries.

The boy, who is charged as a juvenile, was identified today as Mario Sandoval. Authorities had previously withheld his name.

Sandoval is accused of killing 73-year-old Bruno Rodriguez on Tuesday in the home they shared in the 1800 block of Grier Street in Pomona.

Judge Martha Bellinger said that Sandoval's arraignment was rescheduled because of his hospitalization, and he is now set to be arraigned Tuesday in Pomona Superior Court.

Bellinger said she couldn't disclose why Sandoval was in the hospital because of medical privacy laws.

Sandoval is currently being prosecuted as a juvenile, but he will be subject to a "fitness hearing" in which a judge will rule on whether he's eligible to be prosecuted as an adult.

If convicted as a juvenile, Sandoval can only be imprisoned until he's 25 years old. But if he's convicted as an adult, he could face a prison sentence of 26 years to life.

RANCHO CUCAMONGA -- Montclair police have arrested a man on suspicion of sexually assaulting several prostitutes over the past 10 months.

Joel Martinez Sanchez, of Moreno Valley, was arrested Jan. 7 after an officer saw him allegedly raping a prostitute at knifepoint in his pickup truck in the 4600 block of State Street in Montclair, according to a police report contained in his court file.

Police believe Sanchez, 38, assaulted three other prostitutes on that stretch of State Street -- an industrial area beside railroad tracks -- after picking the women up on Holt Avenue in Pomona and Montclair.

On Jan. 5, Sanchez allegedly stabbed a prostitute there and tried to rape her. He is accused of raping and injuring another prostitute in August, and in March he allegedly raped a prostitute and threatened to harm her with a screwdriver.

"We believe that there are potentially more victims," Detective Michael Zerr said today. "Not based on any specific facts, but based on the availability of the victims, and that there were multiple victims."

Sanchez, a construction worker and native of Mexico, pleaded not guilty to criminal charges Wednesday in West Valley Superior Court.

When he was interviewed by a detective after his arrest, he admitted he had sex with prostitutes -- he said he picked up as many as 25 along Holt -- but denied he sexually assaulted them, according to the police report.

During the interview he changed his statements numerous times, seemingly implicating himself further with each admission.

At the end of the interview, he said, "Um, what are we talking about on the sentence?" according to the report.

Sanchez remains jailed in lieu of $3 million bail at West Valley Superior Court in Rancho Cucamonga. He is next due in court Tuesday.

The San Bernardino County District Attorney's Office charged Sanchez on Tuesday with 18 felonies in connection with the four alleged sexual assaults.

The charges include four counts of forcible rape, one count of attempted forcible rape, one count of forcible oral copulation, one count of kidnapping, nine counts of assault, and two counts of making criminal threats.

Zerr said that Sanchez has prior convictions for misdemeanor charges. He declined to say what the charges were.

At about 8 p.m. on Jan. 7, a police officer patrolling the 4600 block of State Street saw a white Ford pickup truck parked in the area.

The truck matched the description of a vehicle used by a man in several recent sexual assaults at the location, with the most recent assault coming only two days earlier, according to the police report.

The officer shined his patrol car's spotlight into the cab of the truck, illuminating Sanchez inside with a woman.

After Sanchez was placed in handcuffs, officers spoke to the woman inside, who according to the police report was crying hysterically and visibly shaken.

She told police she was a prostitute and was picked up by Sanchez earlier that night in the area of Holt and Towne Avenue in Pomona.

The woman said that once she got into Sanchez's truck truck, he threatened her with a 10-inch knife. He drove to a nearby parking lot and forced the woman at knifepoint to have sex.

The woman estimated that about 15 minutes passed before a police car parked in the same lot. Sanchez then left the lot and drove to the area of State Street in Montclair where the previous assaults occurred.

He continued raping her there for a few minutes before the Montclair police officer arrived, according to the police report.

On Jan. 5, Sanchez picked up another prostitute on Holt and tried to rape her after threatening her with a knife, according to police.

The woman fought Sanchez off, and during the struggle Sanchez allegedly stabbed her, Zerr said. The woman's wounds were not life-threatening, and she was released from a hospital the same day she was treated, Zerr said.

On Aug. 1, Sanchez picked up a prostitute on Holt near Indian Hill Boulevard. The woman told a Pomona police officer that she got into his truck -- a white Ford pickup -- after he agreed to pay her $100 for oral sex.

Sanchez took her to the same area of State Street where the other assaults occurred and began choking her, the woman told police, according to a police report contained in Sanchez's court file.

Sanchez began to rape the woman, and she repeatedly punched and kicked him to try to get him to stop.

A few minutes into the assault, Sanchez kicked the woman out of the truck and drove off. When he drove away from the area, he ran over the woman's left ankle.

On March 22, Sanchez picked up a prostitute on Holt and threatened to harm her with a screwdriver, according to police. He allegedly raped her and forced her to perform oral sex.

POMONA -- The Los Angeles County District Attorney's Office charged a 14-year-old boy with murder today for allegedly stabbing his grandfather to death this week.

The boy, a Pomona resident, is scheduled to be arraigned Friday morning in Pomona Superior Court.

He has been charged as a juvenile, but he will be subject to a "fitness hearing" in which a judge will determine whether the boy can be prosecuted as an adult, said Shiara Davila-Morales, a spokeswoman for the District Attorney's Office.

If the boy is convicted as a juvenile, he can be incarcerated only until he's 25 years old. But if he's prosecuted as an adult, he's subject to a potential prison sentence of 26 years to life, Davila-Morales said.

The boy, who authorities have not named, is accused of stabbing 73-year-old Bruno Rodriguez to death on Tuesday in the home they shared in the 1800 block of Grier Street in Pomona.

Pomona police arrested the boy at about 12:30 p.m. after he allegedly turned himself in and confessed to Los Angeles County sheriff's deputies in Diamond Bar.

FONTANA -- A former computer instructor at Garey High School in Pomona has pleaded guilty to two felonies in connection with an alleged attack on his estranged wife.

Augustine Anene, 54, pleaded guilty last month to burglary and spousal abuse as part of a plea agreement with prosecutors that carries a four-year prison term.

Anene is scheduled to be sentenced Jan. 25 in Fontana Superior Court.

Anene was accused of trying to strangle his wife to death after breaking into her Fontana home in March and hiding in her bedroom closet.

One of the couple's sons heard his mother's screams, forced open her locked bedroom door and pushed his father off his mother's bed, according to testimony at Anene's trial.

A jury last year deadlocked in its deliberations over Anene's guilt on the most serious counts he faces, including attempted murder.

In testimony during his trial, Anene claimed he only wanted to speak to his wife after breaking into her home. He said his wife refused to speak to him in previous contacts.

As part of the plea agreement, prosecutors have agreed to dismiss counts of attempted murder and false imprisonment.

A separate misdemeanor case alleging Anene violated a restraining order will also be dismissed, according to documents in Anene's court file that detail his plea agreement.

Anene's prosecutor, Deputy District Attorney Tonya Cole, and his attorney, Gina Kershaw, declined today to comment on Anene's plea agreement.

Prosecutors could have chosen to retry Anene for attempted murder and other counts. And if convicted on all counts, Anene could have faced a prison sentence of about 13 years to life, Kershaw said.

Four months before Anene's alleged attack, his wife of 19 years filed for divorce. She claimed there was a long history in their relationship of unreported domestic violence committed by Anene.

Prosecutors accused Anene of completing extensive planning measures before the attack on his wife.

He removed the license plates from his car, which he parked down the street from his wife's home in the 15700 block of Firethorn Road. He also allegedly hid phones in the house to try to keep his family from calling police during his alleged attack.

Anene, a native of Nigeria, was employed by the Pomona Unified School District for 18 years. He resigned his position after his arrest.

RANCHO CUCAMONGA -- A Chino Sinners gang member was sentenced to 20 years in prison today for trying to extort a gang "tax" from a man he met last year at a drug treatment class.

Ruben Johnny Gonzales, 57, was accused of demanding the man, a parolee who recently moved from Arizona to Chino Hills, "pay or play" -- meaning participate in gang activity or pay a $1,000 fee.

The man told authorities he tried to ignore Gonzales, but Gonzales persisted and came to his home several times demanding payment, according to a police report contained in Gonzales' court file.

Gonzales pleaded no contest to extortion in November as part of a plea agreement with prosecutors. If convicted at trial, he could have faced a sentence of up to 39 years to life because of his prior criminal record, a prosecutor said.

The target of Gonzales' extortion attempt told authorities he met Gonzales in March during a drug treatment course at a Pomona parole office.

Gonzales overheard the man tell someone he lived in Chino Hills. Gonzales then approached the man, told him he lived in Chino Sinners gang territory and demanded he "pay or play."

According to the police report, Gonzales continued to hound the man until April 13, when he and two other men were arrested outside the victim's home after again demanding payment. Prosecutors have not filed charges against the other two men.

POMONA -- An attorney for a local city councilwoman charged with stealing a campaign sign told a judge today that he's been working with prosecutors to resolve the case prior to trial.

Pomona Councilwoman Ginna Escobar has been charged with petty theft, a misdemeanor, for allegedly stealing a campaign sign in November belonging to Carlos Goytia, a board member at the Three Valleys Municipal Water District.

Escobar was scheduled to be arraigned this morning in Pomona Superior Court. Because her case is a misdemeanor, she's not required to appear in person if she has an attorney come to court in her place.

Her attorney, Lawrence Forbes, asked Judge Juan Carlos Dominguez to postpone the arraignment to give him more time to discuss a disposition with prosecutors.

Dominguez granted Forbes' request to postpone the arraignment to Jan. 26.

"In the meantime I'll talk to (the prosecutor)," Forbes said. "We're trying to reach a disposition."

Forbes declined to comment to a reporter after the hearing.

Escobar, 24, could face a jail sentence of up to six months and a $1,000 fine if convicted.

Escobar represents District 5, which includes the Phillips Ranch and Westmont neighborhoods. She defeated incumbent councilman Tim Saunders in November by only 71 votes.
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INDIO - A Rancho Cucamonga native convicted of animal cruelty for torturing and killing cats had his prison sentence lengthened this afternoon by nearly three years.

Tinothy Arie Kooyman, 26, was convicted last month in Riverside Superior Court of three counts of animal cruelty for mutilating and killing cats in 2008 at a motel in Corona.

According to prosecutors, Kooyman decapitated a cat with an ax, killed another by repeatedly slicing it with a razor, and ran over another with his truck. He also broke each of the cats' legs before killing them.

Kooyman is currently serving a five-year prison term for committing similar acts against cats in Rancho Cucamonga. That sentence was lengthened to seven years and eight months today by a judge at the Larson Justice Center in Indio.

"It's a concern to me what he does in the future," said Judge John M. Davis, who called Kooyman's crimes against cats "mind-boggling."

Kooyman's latest convictions include a second and third strike as part of California's three-strikes law. If he is convicted of another felony, he could be sentenced to 25 years to life in prison.

Kooyman, clad in orange jail scrubs, did not make a statement during his sentencing. He said only, "No, sir," and "Yes, sir," when instructed of his appeal rights.

During a two-week stay in April 2008 at the National Inn Motel, 420 Lincoln Ave., Kooyman lured cats from a nearby neighborhood and took them back to his room, according to prosecutors.

Once he was alone with the cats, Kooyman tortured them - sometimes for several days - before killing them.

Four animal activists spoke in court before Kooyman was sentenced. They mainly addressed their comments to the judge, but some at times spoke directly to Kooyman.

Leroy Moyer, founder and president of Voices For Pets, said he has no hope or sympathy for Kooyman, who in interviews with investigators complained of a difficult upbringing.

"I just can't understand why you did what you did," Moyer said.

Lori Curran, who spoke on behalf of Animal Rescue Foundation, said she is a sergeant with 20 years of experience at the Richmond Police Department.

She said she has investigated murder cases where those responsible committed previous violent acts against animals.

"The behavioral patterns leading up to the homicide are eerily similar," she said.

She said that in her work, she has seen "the worst of the worst," and she ranked Kooyman among the top three worst people she has encountered.

"You are a coward and you deserve to rot in hell," Curran said.

Kooyman's defense attorney, Souley Diallo, said in his comments to the judge that Kooyman's acts were horrific. But he encouraged the judge to consider other issues besides Kooyman's acts, such as Kooyman's mental health.

"He's a person who obviously needs help," Diallo said. "He's acknowledged that."

Deputy District Attorney Sharunne Foster asked Davis to extend Kooyman's sentence by three years and eight months.

"I think Mr. Kooyman is beyond rehabilitation," she said.

After the hearing, Foster said her request was an "uphill battle" because the sentence would have required an unusual interpretation by the judge of Kooyman's previous animal abuse case in Rancho Cucamonga.

CHINO - The San Bernardino County District Attorney's Office filed criminal charges this week against a former music teacher at Chino Hills High School accused of having a sexual relationship with an underage girl at the school.

Justin Clark Wallin, 31, pleaded not guilty to six felonies and a misdemeanor this morning during an arraignment in Chino Superior Court.

Wallin was taken into custody at the end of the hearing after Judge Colin Bilash set his bail at $275,000, according to an employee in the court's clerk's office.

Wallin was arrested in July on suspicion of having a sexual relationship with a 16-year-old girl.

According to a news release from the San Bernardino County Sheriff's Department, the relationship between Wallin and the girl was discovered by the girl's parents when they searched her cell phone.

Wallin sent more than 8,000 text messages to the girl, some of which were sexually explicit, according to the news release.

The sheriff's department said Wallin had sex with the girl in Chino, Chino Hills, and at Wallin's home.

The six felony counts filed by prosecutors Wednesday include two counts of unlawful sexual intercourse with a minor, three counts of oral copulation with a minor, and one count of sexual penetration of a minor with a foreign object. The misdemeanor count is for annoying or molesting a minor.

After Wallin's arrest, he posted $100,000 bail and was released from custody. He was taken back into custody today because the judge raised his bail.

Wallin is next due in court Feb. 10.

POMONA -- The Los Angeles County District Attorney's Office will seek the death penalty against two men charged with murdering a woman who testified in a prior gang case, a prosecutor said today.

Rodney Colonel Perez and Ramiro Juan Alvarez -- alleged Azusa 13 gang members -- are accused of collaborating in the 2009 shooting death in Pomona of Roberta Romero, 24.

Deputy District Attorney Ian Phan announced his office's decision today during a hearing for Alvarez in Pomona Superior Court. Phan said he notified Perez of the decision on Tuesday during a separate court hearing.

Romero, a former Azusa 13 gang associate, testified twice against Ralph "Swifty" Flores, an enforcer for the gang who in 2007 was convicted of four murders and sentenced to death.

Prosecutors believe Romero was targeted by Perez and Alvarez because of her testimony against Flores.

Phan said he met last month with a committee in the District Attorney's Office that decides whether to seek the death penalty against eligible defendants.

"Basically, I met with them and discussed the case, and the committee decided on death," Phan said.

At a preliminary hearing last year, a woman who with Alvarez and Perez during Romero's killing testified that in the early morning of May 11, 2009, the men met with Romero by first gaining access to her son and threatening to harm him if Romero didn't get in their car.

Once in the car, Romero apologized for testifying against Flores and admitted she made a mistake, according to the witness.

At about 5 a.m., the group stopped at the unlit intersection in Pomona of Glenpark Street and Bellevue Avenue, and Perez was forced out of the car, according to the witness.

Romero knelt in the road and pleaded for her life before being shot to death by Perez, according to the witness.

Perez, 30, and Alvarez, 26, are scheduled to appear for a court hearing this morning at the Clara Shortridge Foltz Criminal Justice Center in downtown Los Angeles.

Alvarez's attorney, Arthur P. Lindars, did not return a call today seeking comment.

In an earlier interview, Lindars said he didn't believe Alvarez deserved the death penalty for his alleged role in Romero's killing.