February 2011 Archives

RANCHO CUCAMONGA -- The fatal shooting here last month near the intersection of Grove Avenue and Ninth Street stemmed from a dispute between rival street gangs in Upland and Rancho Cucamonga, according to a police report.

Jesus Calderon, 50, was shot and killed at about 1 a.m. on Jan. 11 near Calaveras Avenue and Salina Street in Rancho Cucamonga, an area considered home turf by a gang called "Dog Patch."

The accused shooter, 19-year-old Trenton Abel Dukes, is allegedly a member of a rival Upland gang that has an ongoing dispute with "Dog Patch," according to report contained in Duke's court file.

According to a witness who spoke to detectives from the San Bernardino County Sheriff's Department, the two gangs are "on sight," meaning that gang members are expected to attack rivals upon seeing them.

The two gangs feud through Myspace and frequently tag walls in each other's neighborhoods, people familiar with the gangs told sheriff's detectives, according to the report.

Dukes has pleaded not guilty to murdering Calderon, and he remained jailed Friday in lieu of $1 million bail at West Valley Detention Center in Rancho Cucamonga.

He is next due March 8 in West Valley Superior Court.

A man who was with Calderon the morning of his killing said he and Calderon were outside talking on the corner of Calaveras Avenue and Salina Street.

A car with three men inside drove past them slowly before leaving their sight. Calderon and his friend then decided to part for the night, the man told a sheriff's detective.

Calderon got into his car and began to drive away. Soon after, several shots were fired at his car.

Calderon's friend said he saw a man run away from the area and later heard the sound of a car speeding away.

After the shooting, Calderon's horn honked and his car and crashed into a parked truck. His friend told the detective that Calderon was slumped over in the driver's seat.

Witnesses described the car that drove past Calderon and his friend as a newer model silver hatchback. One witness told detectives the car was a Volkswagen Golf.

About 12 hours after the shooting, Upland police saw the car, a 2011 Volkswagen Golf, and arrested its driver, a man who said he was friends with Dukes.

The driver told detectives that Dukes, an alleged member of a gang along Ninth Street called "Ghost Town," bragged about committing a shooting the previous night in "Dog Patch" territory.

The driver said that after he saw a news report that Calderon died in the shooting, he helped Dukes dispose of the murder weapon, a .38-caliber revolver.

He told detectives he and Dukes sold the weapon for $150, and they used some of the proceeds to buy clothes at Wal-Mart.

According to a second police report attached to Dukes' court file, Dukes allegedly stole the Volkswagen Golf at gunpoint on Jan. 8 after pistol-whipping the owner at Bud Bender Park in Rialto.

After the car was recovered and Dukes was identified as Calderon's alleged killer, detectives showed the carjacking victim a photo of Dukes. He identified Dukes as the man who sole his car, according to the police report.

Pictured (L-R): Jose Gallardo and Jorge Sierra.

RANCHO CUCAMONGA -- Jorge Jimenez Sierra went to a party in Ontario this month to confront his girlfriend for allegedly cheating on him.

He and a friend threw beer bottles and cans at people there, leading to a fight.

The 24-year-old was enraged after being ejected from the party, which was thrown to celebrate a child's baptism, and he retrieved a handgun from his home in Muscoy.

At about 1:30 a.m. -- two hours after they left the party -- Sierra and his friend returned to the 1000 block of East Nocta Street.

As they drove by the house, Sierra pointed the handgun out the passenger window and fired five rounds. Three shots hit the front door, and two others passed through an open window.

Gricerio Jimenez Anselmo, 35, was inside sitting on the living room couch with a relative. One of the bullets that passed through the window struck him in the neck, and he was soon pronounced dead at a hospital.

That's the description of the Feb. 13 killing in a police report contained in the court file of Sierra and his friend -- 23-year-old Jose Abraham Gallardo -- who are both charged with murder.

Sierra remained a fugitive Friday, according to booking records, while Gallardo remained jailed in lieu of $1.25 million bail at West Valley Detention Center in Rancho Cucamonga.

When police arrived at the home after the shooting, Anselmo was unresponsive and had no pulse, according to the report.

And people who remained at the home did not know who was responsible for the shooting. Nor did they know the identities of two men with shaved heads who had caused the earlier disturbance.

Shortly after 11 p.m. on Feb. 12, Sierra and Gallardo positioned themselves on the property of an abandoned home adjacent to the party, and threw bottles and cans over a dividing wall.

They were trying to hit Sierra's girlfriend, who was dancing in the back yard, Gallardo later said in his confession to detectives, according to the report.

A woman at the party called 911, and several men confronted Sierra and Gallardo. Gallardo ran away while the men caught Sierra and held him for police.

But Sierra had suffered a gash to his face, and people at the party feared officers would blame them for his injury. They opted to let Sierra go before police arrived, according to the report.

By the time Sierra allegedly returned and opened fire, most of the party guests had left, and the residents and their relatives were cleaning up.

Detectives received their first tip leading to Sierra from a man who remained at the home after the shooting. He said an earlier guest lived with two roommates who were related to the gunman.

After unsuccessful attempts to reach the men, officers spoke to them two days after the shooting at a Fontana warehouse where they worked. They provided officers with Sierra's name.

Detectives searched for Sierra in a database of criminal records, and found that he had been arrested on suspicion of DUI in 2009 by the California Highway Patrol. Included in the record was his home address in Muscoy.

Detectives traveled to the home in Muscoy, where they spoke to Sierra's girlfriend and Gallardo. Sierra wasn't there.

Gallardo told officers he was with Sierra at the party during fight, and threw bottles and cans. But he denied any involvement in the shooting that followed. When he began to backtrack on his story, a detective arrested him, according to the report.

Detectives again spoke to Gallardo in an interview room at the Ontario police station, and he continued to say he wasn't present during the shooting.

A detective then confronted Gallardo with his cell phone, which indicated he and Sierra spoke only 20 minutes before the shooting.

Gallardo then confessed. He said that after the fight at the party, he returned to his home in Muscoy and Sierra soon arrived.

Sierra had been beaten and he was bleeding, and he insisted on going back to the party to shoot people, Gallardo told police, according to the report.

Gallardo said he first told Sierra he didn't want to go back, but Sierra became angrier and Gallardo eventually relented.

Gallardo told police he drove Sierra's SUV back to the party, and Sierra sat in the passenger seat and directed him to the home, according to the report.

"He stated that as they drove by the residence, Jorge fired an unknown type of handgun through the open passenger door window and into the house," the report says.

RANCHO CUCAMONGA -- A proctor at Hillside High School in Upland has been charged with a misdemeanor for allegedly sending sexually suggestive text messages to an underage girl who attends the school.

Ruben Olivas, a 59-year-old retired police officer, allegedly told the girl he loved her and wanted to kiss her, and tried to arrange a meeting with the girl over Thanksgiving break, according to a police report contained in his court file.

Olivas, an Upland resident, pleaded not guilty last week to the charge -- annoying or molesting a child under 18.

He is next due in West Valley Superior Court March 10 for a pretrial hearing.

It remained unclear this week whether Olivas still works at the school or remains employed by the Upland Unified School District.

His attorney, Greg Lester, declined to comment. An administrative assistant to the district's Superintendent of Human Services said, "We can't discuss anything with you. It's a personnel matter."

According to the police report, the girl told an officer that she and another student obtained Olivas' cell phone number and began sending him text messages.

The girl said Olivas began sending her messages in November that she felt were inappropriate, according to the police report.

Among Olivas' messages to the girl were one in which he said he wanted to kiss her, one attempting to arrange a meeting, and another that said, "Night sweetie pie," according to the report.

The girl said Olivas often said he loved her, and once offered to buy her alcohol and tobacco.

The girl reported the alleged messages to police on Dec. 15. She saved some of the messages and provided them to authorities, according to the report.

When Olivas was contacted by police, he denied the girl's allegations and said she may have taken his text messages out of context. However, he admitted saying he loved her, according to the police report.

"He said that he did tell her that he loved her, but he also tells everybody that he loves them," the report says. "He said that most of these students come from a broken home and do not hear these words, so he tends to tell everybody that he loves them."

Olivas told police he never asked the girl for a kiss or offered her alcohol and tobacco.

"He advised that he is a retired police officer and would never do such a thing," the report says.

The San Bernardino County District Attorney's Office filed criminal charges against Olivas on Dec. 29.

WEST COVINA -- Chino City Attorney Jimmy Gutierrez pleaded not guilty this week to two misdemeanor drunken driving charges.

Gutierrez's attorney entered the pleas on Gutierrez's behalf Tuesday in West Covina Superior Court. Gutierrez was not required to appear because the charges are misdemeanors.

Gutierrez, Chino's city attorney since 1975, was arrested by the California Highway Patrol in October after an officer observed him swerving on the 60 Freeway in Industry.

The Los Angeles County District Attorney's Office later charged him with driving under the influence, and with driving with blood-alcohol level above the legal limit of 0.08.

Gutierrez's case is next due in court March 29 for a pretrial hearing. If a plea agreement isn't reached that day, Gutierrez will be required to appear at the courthouse in person, according to minutes of his arraignment.

Gutierrez's attorney, Felipe I. Plascencia, did not return a call seeking comment today.

Gutierrez graduated from Pomona College in Claremont and attended law school at UCLA.

Besides working for Chino, Gutierrez is the city attorney for Rialto, El Monte and Coachella, according to a biography on his law firm's website.

An attorney from Fontana is among three people who have been sued by the Department of Justice for allegedly using an illegal tax shelter to minimize taxes paid by their corporate clients, causing the federal government to lose more than $40 million in revenue.

Charles Klink and his two alleged co-conspirators devised an intricate scheme which allowed their customers -- owners of corporations -- to sell large assets without paying taxes, according to a news release issued today by the Department of Justice.

The two other people named in the lawsuit, which was filed in federal court in Camden, N.J., are Caleb Grodsky, a Los Angeles attorney, and Steven Block, a Louisville, Ky. financial professional.

To help their clients avoid paying taxes, the men allegedly used a series of trusts and corporations to act as intermediaries between their clients and buyers of the clients' corporate assets.

Corporate assets sold through the scheme included $205 million office building in Washington, D.C., a $3.5 million vineyard in St. Helena, Calif., and a $22.2 million office campus in Laguna Hills, according to the news release.

"Stopping the marketing and use of abusive tax shelters remains one of our top priorities for 2011," John A. DiCicco, acting assistant attorney general of the Justice Department's Tax Division, said in the news release.

"White-collar professionals who promote these schemes face the prospect of significant legal sanctions," he continued. "The IRS and Justice Department are working diligently to ensure that people who buy into these sophisticated tax dodges ultimately have to pay the taxes they owe, along with interest and appropriate penalties."

Klink is a graduate of Pomona College in Claremont, and he attended law school at UCLA. He was admitted to the state bar in 1997, according to state bar's website.

VICTORVILLE -- A former corrections officer who worked at the California Institution for Men in Chino was sentenced to 120 days in jail today for grand theft.

Tonya Denice Henderson, 41, was placed on probation for three years and ordered to begin serving her jail sentence by April 1, according to a minute order of her sentencing.

Victorville Superior Court Judge Lynn Poncin also recommended that the Department of Motor Vehicles revoke Henderson's driver's license.

Henderson, of Adelanto, pleaded no contest on Jan. 18 to a felony count of grand theft.

She was arrested Dec. 29, 2009 on suspicion of stealing $3,000 worth of merchandise from a Victorville Target store. The stolen items included a big-screen TV, an Xbox 360 video-game console and a steam cleaner.

Henderson was in uniform and with her 6-year-old son during the incident, authorities said.

Henderson was hired by the Department of Corrections and Rehabilitation on July 1, 2002. She resigned from her position in May.

RANCHO CUCAMONGA -- A jury found two Pomona men guilty of murder and other charges today for the killing of a prostitute in Ontario.

Matthew James McClane, 29, and Larry Darnell Shyne, 31, both face prison sentences of at least 50 years to life for their convictions in the Dec. 19, 2008 slaying of Kimberly Michelle Sum, 41.

In more than 10 days of testimony in West Valley Superior Court, prosecutors presented evidence that Shyne, Sum's former pimp, planned to rob Sum to frighten her into returning to him for protection.

Shyne enlisted McClane and his cousin -- both alleged gang members -- to carry out the robbery at the Hotel Indigo. In the course of the robbery, McClane shot Sum once with a pistol, killing her, prosecutors said during the trial.

A jury of 10 women and two men deliberated for portions of three days before reaching their verdicts shortly before noon.

McClane and Shyne were found guilty of murder, second-degree attempted robbery, and first-degree burglary. They were also convicted of numerous gang and firearm allegations that will lengthen their prison sentences.

Shyne hung his head as the verdicts were read, while McClane did not visibly react. As Shyne was led out of the courtroom, he blew a kiss to his relatives in the audience.

A sentencing hearing is expected to be scheduled on March 3 when the men return to court.

McClane's attorney, Gary Ablard, said he will file an appeal of the verdicts. He also said McClane may seek a new trial.

After Sum's killing, Ontario police slowly built their case against the three men eventually charged in the case.

Key pieces of evidence were Sum's cell phone records, which led detectives to numerous witnesses who described the relationship between Sum and Shyne, as well as security camera footage from the hotel.

The footage showed McClane and the other robber, Donald Ray Walker, walk toward Sum's room wearing gloves, then run away from the room about a minute later.

As McClane ran, cameras showed him holding a shiny object that prosecutors said was the handgun used to shoot Sum.

Nearly three months after Sum's killing, police made their first arrest. Walker, 23, gave a detailed confession that further implicated McClane and Shyne.

Walker later agreed to testify against the men as part of a plea agreement with prosecutors that carried a 19-year prison sentence.

RANCHO CUCAMONGA -- A 19-year-old man charged with participating in a string of robberies has entered into a plea bargain with prosecutors that carries a six-year prison sentence.

Felipe Curiel pleaded guilty on Tuesday to robbery and assault with a firearm for his alleged role in a four-city string of robberies in which one man was shot and three others were pistol-whipped.

Curiel's sentence is less than half of what his four co-conspirators received last year. He is set to be sentenced March 15 in West Valley Superior Court.

Authorities said that Curiel and four other men set out at about 11 p.m. on April 17, 2008 in Curiel's Ford Explorer and robbed people seemingly at random.

The men -- who prosecutors said were gang members -- masked their faces with bandanas that were decorated with images of black skulls.

Over a span two hours, the men robbed people in Upland, Ontario, Montclair and Rancho Cucamonga. The victims included a jogger and people sitting in parked cars.

A man who resisted their robbery attempt in Rancho Cucamonga was shot in the stomach, according to prosecutors.

Ontario police arrested the men after an officer saw Curiel's car -- which matched the vehicle description provided by victims -- at Mountain Avenue and Mission Boulevard.

Last year, Curiel's co-conspirators were sentenced to prison terms of between 13 and 15 years. They include:

-- Daniel Bernal, 21, was sentenced to 15 years and received three strikes.

-- Andrew Michael Fraijo, 20, was sentenced to 13 years and received one strike.

-- Kevin Quiroz, 19, was sentenced to 13 years and received two strikes.

-- Jose Narisco Estrella, 21, was sentenced to 15 years and received two strikes.

Pictured (L-R): Jose Gallardo and Jorge Sierra.

RANCHO CUCAMONGA -- A man pleaded not guilty to murder Thursday for his alleged role in a man's slaying at a party in Ontario.

Jose Abraham Gallardo, 23, was allegedly involved in the Feb. 13 shooting death of Gricerio Jimenez-Anselmo, who was shot at about 1:30 a.m. at a party in the 1000 block of Nocta Street.

The alleged shooter, 24-year-old Jorge Jimenez Sierra, has also been charged with murder, but he remains a fugitive. Both men charged in the case are from Muscoy.

At Gallardo's arraignment in West Valley Superior Court, Judge Raymond P. Van Stockum appointed the San Bernardino County Public Defender's Office to represent Gallardo.

The judge also set Gallardo's bail at $1.25 million. He remains jailed at West Valley Detention Center in Rancho Cucamonga.

RANCHO CUCAMONGA -- A jury began deliberating today in the murder trial of two Pomona man accused in a prostitute's killing in Ontario.

Kimberly Michelle Sum was shot and killed at the Hotel Indigo on Dec. 19, 2008 in what prosecutors allege was a botched robbery orchestrated by Sum's former pimp, Larry Shyne.

Shyne and Matthew James McClane, the alleged shooter, could both face prison sentences of more than 75 years to life if convicted of all charges.

A jury of 10 women and two men deliberated for about three hours without reaching verdicts today after attorneys finished giving closing arguments in West Valley Superior Court.

McClane's attorney, Gary Ablard, assailed the credibility of the prosecution's key witness. Donald Ray Walker confessed to his part in the incident and later agreed to testify against his alleged co-conspirators in exchange for a reduced sentence.

Ablard told jurors that Walker's testimony about Sum's death was a fiction crafted to minimize his own involvement.

The attorney said he believed Walker was the actual shooter, not McClane, as Walker testified. He also said he believed the men did not plan to rob Sum when they went to her room.

"But for Walker, who shot her? But for Walker, do you even know if Mr. McClane was in the room?" Ablard said.

Prosecutors believe that Shyne, 31, enlisted Walker and McClane to rob Sum in order to gain access to her laptop -- which would contain information valuable to a pimp about Sum's work as a prostitute -- and to frighten Sum back to him for protection.

Walker testified that Shyne instructed he and McClane to set up a "date" with Sum, and later acted as the getaway driver the night of the robbery.

According to Walker, he and McClane were unable to find any jewelry or cash in Sum's hotel room.

Walker said that while he searched Sum's room for valuables, McClane confronted the 41-year-old woman and told her to disclose where she kept her money and jewelry.

According to Walker, Sum denied she had any valuables in the room, and her voice became louder during the confrontation. McClane removed a handgun from his waistband and shot Sum, killing her, Walker testified.

In her rebuttal to closing arguments by the defense, Deputy District Attorney Carolyn Youngberg told jurors that Walker's testimony is corroborated by other evidence, such as cell phone records and statements from other witnesses.

"This is about cold, hard facts, and this is about inferences you can make with cold, hard facts," Youngberg said.

She said that for the defense's alternate theories of the case to be true, "All the planets would have had to aligned."

The jury is scheduled to resume deliberating Friday morning at 9.

RANCHO CUCAMONGA -- The attorney for a man on trial for a prostitute's killing doesn't contest prosecutors' allegations that his client is a pimp.

Though Larry Shyne is "a leech" -- in the words of his attorney -- he was not involved in the robbery attempt that ended in the prostitute's shooting death, attorney David Call told a jury.

"He's not on trial for being a pimp," Call said.

Call and Deputy District Attorney Carolyn Youngberg delivered closing arguments today in the West Valley Superior Court trial of two Pomona men charged with murdering Kimberly Michelle Sum.

Closing arguments are expected to be completed Thursday. When they are finished, a jury of 10 women and two men will begin deliberating.

Sum, 41, was shot and killed on Dec. 19, 2008 at the Hotel Indigo in Ontario during a botched robbery that prosecutors allege was orchestrated by Shyne, 31, her alleged former pimp.

He and Matthew James McClane, 29, are charged with murder, attempted robbery and burglary in connection with Sum's killing.

Prosecutors accuse McClane and Donald Ray Walker of going to Sum's hotel room to rob her. During the robbery, McClane shot and killed Sum, according to Walker's testimony during the trial.

Walker, 23, testified against Shyne and McClane as part of a plea agreement with prosecutors that carries a 17-year prison sentence.

Youngberg told jurors that she doesn't believe Shyne planned for Sum to be killed during the robbery.

But he's guilty of murder, she said, because of the "felony murder rule," which holds all defendants responsible for an unplanned killing that occurs during a felony crime.

"Accidents, negligence, 'I didn't mean to do it,' doesn't meaning anything to a victim who is shot in the face," Youngberg said.

At the time of Sum's death, she had severed her working relationship with Shyne, who at one time was her pimp, Youngberg said.

Shyne enlisted his cousin, Walker, as well as McClane, Walker's alleged gang associate, to carry out Sum's robbery. He told them to rob Sum after entering her room under the guise of a "date," Youngberg said.

Shyne wanted Sum's cell phones and laptop, and he told Walker and McClane to keep any money and jewelry in her hotel room, Youngberg said.

"Nobody would know about Ms. Sum if not for the information Mr. Shyne was providing," Youngberg said.

Much of the prosecution's case against Shyne and McClane comes from information provided to police by Walker.

In his closing argument, Call attacked Walker's credibility, telling jurors that he lied about the incident hoping for favorable treatment from authorities.

"He was facing life, and he survived," Call said. "He's going to get out here after 17 years."

Call said he believes Walker shot and killed Sum. He said he believes Walker crafted his story to police based on information and assumptions contained in detectives' questions.

"He feeds back to the cops what the cops have fed to him," Call said.

RANCHO CUCAMONGA -- Testimony concluded today in the trial for two Pomona men charged with murdering a prostitute in 2008 at an Ontario hotel.

Attorneys are set to give closing arguments Wednesday in West Valley Superior Court. After the arguments, a jury of 10 women and two men will begin deliberating.

Matthew James McClane, 29, is accused of shooting and killing Kimberly Michelle Sum during a botched robbery attempt on Dec. 19, 2008 at the Hotel Indigo.

Sum's alleged former pimp, 31-year-old Larry Darnell Shyne, is accused of setting up Sum's robbery and acting as getaway driver for McClane another robber.

Two witnesses testified today before the prosecution rested its case: a medical examiner who performed Sum's autopsy, and Ontario police Detective Jeffrey Wentz, the lead detective in the murder investigation.

After the prosecution rested, attorneys for McClane and Shyne declined to call any witnesses to testify in their clients' defense.

Shyne's attorney, David Call, said he opted not to call Shyne to the witness stand because if Shyne testified, prosecutors could question him about his activities as a pimp, leading to possible prosecutions for additional crimes.

"It's a lose-lose situation," Call said.

The third man charged in the case, Donald Ray Walker, agreed to testify against his co-defendants as part of a plea agreement with prosecutors that carries a 17-year prison sentence.

If convicted, McClane faces a sentence of more than 75 years to life, and Shyne faces more than 50 years to life.

RANCHO CUCAMONGA -- Jurors were presented with cell phone records today that further implicated two men being tried for murder in the slaying of a prostitute in Ontario.

The records, which were detailed by a detective in West Valley Superior Court, show that Matthew James McClane and Larry Darnell Shyne were in the area of the Hotel Indigo during the shooting.

Kimberly Michelle Sum, 41, died after being shot Dec. 19, 2008 during a botched robbery attempt at the hotel, according to prosecutors.

The bullet allegedly fired by McClane passed through Sum's face and entered her chest, Ontario police Detective Jeffrey Wentz testified.

Wentz said that at the time of Sum's killing, calls were placed and received on cell phones carried by McClane, 29, and Shyne, 31.

Records obtained from each man's phone service provider show that the calls were routed through cellular towers near the Hotel Indigo, Wentz said.

The information about the men's cell phone use was the latest piece of evidence in more than two weeks of testimony that links the Pomona men to Sum's killing.

Prosecutors contend that Shyne was at one time Sum pimp, and he set up the woman's robbery in part to scare her into returning to him for protection.

Shyne allegedly enlisted his cousin, Donald Ray Walker, and his cousin's gang associate, McClane, to rob Sum at the Hotel Indigo, where she had lived for about six months.

Walker, who testified during the trial in exchange for a lenient sentence, said on the witness stand that McClane took out a pistol during the robbery attempt and shot Sum.

Walker testified that he and McClane didn't find money or jewelry in Sum's room, and left without taking anything.

Other witnesses today included two Pomona police officers who contacted McClane before the shooting and filled out field interview cards, which are used by police to track gang members.

In both contacts McClane admitted he was a member of the Los Angeles-based 87th Street Gangster Crips, according to the officers.

The officers' testimony supports allegations by prosecutors that Sum's killing was carried out to benefit a gang, which if proven could lengthen the defendants' prison sentences by a term of 25 years to life.

Wentz is set to retake the witness stand this morning. Judge Stephan Saleson said today that testimony will likely conclude before the end of the week.

RIVERSIDE - A 27-year-old man accused sexually abusing a 12-year-old Norco girl and forcing her to sell drugs has been sentenced to three years in prison.

Julio Cortes, of Westminster, pleaded guilty Feb. 4 in Riverside Superior Court to two counts of committing a lewd act on a child under 14. He was sentenced the same day by Judge Edward D. Webster.

When Cortes was arrested on Sept. 12, 2009, Riverside County Sheriff's officials said he threatened the girl with a gun, and forced her to have sex and sell marijuana.

The girl reported the abuse to sheriff's investigators the previous day, according to a news release.

The day of his arrest Cortes called the girl on her cell phone and told her he was coming to her house. Deputies arrested him after spotting him driving in the girl's neighborhood.

RANCHO CUCAMONGA - The San Bernardino County District Attorney's Office charged a 19-year-old man with murder this week for allegedly fatally shooting a man last month.

Trenton Abel Dukes was charged Thursday with murdering 50-year-old Jesus Calderon. If convicted, Dukes could face a prison sentence of more than 50 years to life.

Calderon was shot in his car at about 1 a.m. on Jan. 10 at the intersection of Calaveras Avenue and Salina Street in Rancho Cucamonga. He was pronounced dead less than an hour later at San Antonio Community Hospital in Upland.

Calderon's family and the San Bernardino County Sheriff's Department have said the victim's name is Jesus Calderon, but the coroner's office has identified him as Jesse Paran Caldera.

Dukes remains jailed in lieu of $1 million bail at West Valley Detention Center in Rancho Cucamonga.

He is scheduled to be arraigned next week in West Valley Superior Court, according to the Sheriff's Department's online booking records.

Court records show Dukes has several active felony cases in San Bernardino County, for carjacking, robbery and receiving stolen property. He was convicted last year of driving under the influence.

RANCHO CUCAMONGA -- Two men charged in the slaying of a prostitute lived in Pomona, but prosecutors believe they were members of a Los Angeles gang.

The bulk of testimony today during a murder trial for the prostitute's killing came from a police officer who patrols the neighborhood claimed as territory of the gang, the 87th Street Gangster Crips.

If prosecutors can convince a jury that the prostitute's killing was carried out to bolster the reputation of the gang, the two men on trial could see their prison sentences lengthened by a term of 25 years to life.

Larry Darnell Shyne and Matthew James McClane are accused of participating in the attempted robbery of the prostitute -- Kimberly Michelle Sum -- which resulted in Sum, 41, being shot in the chest and killed on Dec. 19, 2008 at the Hotel Indigo in Ontario.

McClane, 29, as well as convicted co-conspirator Donald Ray Walker, are allegedly members of the 87th Street Gangster Crips.

Officer Jose Gasca of the Los Angeles Police Department said he has worked in the gang's territory for more than five years, and has had countless contacts and conversations with members of the gang, who Gasca said number about 140.

Gasca identified many of McClane's tattoos -- photos of which were projected in court -- as identifying markers of his membership in the gang.

McClane's arms, chest and back are covered with tattoos. He has several large "8" and "7" tattoos, as well as "Crip" written across his knuckles, which Gasca said are typical tattoos for members of the 87th Street Gangster Crips.

The officer said that members of Los Angeles gangs have moved away from their gang's traditional territory and now live throughout Southern California.

McClane and Walker are reportedly among several members of the 87th Street Gangster Crips who live in Pomona.

"I'm not surprised that they're there," Gasca said in West Valley Superior Court.

Prosecutors believe Shyne, also a Pomona native, was a member of a different Los Angeles gang.

A jury also heard testimony today about the contents of Sum's laptop, which police found in her room at the Hotel Indigo.

Ontario police Cpt. Mike Nevin testified that he completed a forensic search of the computer and discovered a Craigslist post by Sum, who reportedly used the website to find clients.

One of Sum's posts was projected in court. It was titled, "Hello? Are there any men out there?"

Nevin said he found 11 references to "Shyne" when he searched the computer, as well as a list of phone numbers that included Shyne's number. Prosecutors believe Shyne was Sum's former pimp.

Today's proceedings concluded the first two weeks of testimony in the trial, which is set to resume Monday morning.

"We're really trying to get this case finished by the end of next week," Judge Stephan Saleson told the jury. "That's what we're shooting for."

RANCHO CUCAMONGA -- Testimony today in the murder trial for a prostitute's slaying centered on the woman's alleged pimp, who is accused of setting up the robbery that ended in Kimberly Michelle Sum's death.

Larry Darnell Shyne's alleged occupation was detailed in West Valley Superior Court by a former pimp who knew Shyne, by an Ontario police detective, and by a friend of Sum's who said Shyne brandished a pistol during a confrontation.

Shyne and Matthew James McClane, the alleged shooter, are charged with murdering Sum on Dec. 19, 2008 during a botched robbery attempt at the Hotel Indigo in Ontario.

Today was the seventh day of testimony in the trial for the Pomona men. A third defendant, Donald Ray Walker, has pleaded guilty to manslaughter as part of a plea bargain that carries a 17-year prison sentence.

Mandingo Gibbs, the former pimp, said he knew both Sum and Shyne, who he said was also a pimp and worked on and off with Sum.

Gibbs recalled seeing Sum, 41, working as a prostitute at a truck stop in Ontario, and he said that Shyne first became acquainted with Sum there.

He said Shyne, 31, was low on money around the time of Sum's killing, and he said he loaned Shyne money. Gibbs said he couldn't remember how much he loaned Shyne.

Gibbs' testimony about loaning Shyne money seemed to bolster claims by prosecutors that Shyne set up the robbery to scare Sum into returning to him. At the time of her death, Sum worked as a prostitute but didn't have a pimp.

But Gibbs said he never saw Shyne threaten or become violent with the prostitutes he worked with.

He described Shyne and himself as "finesse pimps" who influenced prostitutes by acting relaxed and talking to them, rather than acting aggressive or beating the women.

Gibbs' statements about Shyne's lack of aggression were countered today in testimony by Sum's friend and the Ontario police detective.

Sum's friend, Leonard Cantley, said he came to Sum's aid after she was confronted by Shyne at a motel.

Cantley said that when he arrived at Sum's motel, she had a black eye or was bleeding from her lip. Sum said that Shyne had hit her.

When Cantley confronted Shyne in the motel parking lot, he said Shyne revealed a pistol that he was carrying in his waistband.

"He said, 'This (expletive), she owes me money,' or something to that effect," Cantley testified.

Shyne claimed Sum owed him $800 for a bet, according to Cantley, and Cantley said he gave Shyne a few hundred dollars to settle some of Sum's debt.

He said Shyne told him he couldn't protect Sum forever. "He could get her anytime he wanted to," Shyne said, according to Cantley.

The Ontario detective who testified, a member of the department's vice squad, detailed two interviews he did with prostitutes who said they once worked for Shyne.

According to the detective, both of the prostitutes said Shyne was violent and at times threatened to kill them or their families.

RANCHO CUCAMONGA -- A man who agreed to testify against his two alleged co-conspirators in a murder trial for the slaying of a prostitute completed his testimony today after four days on the witness stand.

Donald Ray Walker's testimony was closely scrutinized in three days of cross-examination by the attorneys for his co-defendants, Larry Darnell Shyne and Matthew James McClane.

The defense attorneys painted Walker, 23, as a liar and a jailhouse snitch who has cooperated with authorities multiple times in exchange for leniency.

McClane's attorney, Gary Ablard, seized on inconsistencies between Walker's testimony in West Valley Superior Court and his previous statements about the case.

"Have you ever heard the expression, 'A liar needs a good memory?'" Ablard told Walker.

Walker, Shyne and McClane, all of Pomona, are accused of trying to rob Kimberly Michelle Sum on Dec. 19, 2008 at the Hotel Indigo in Ontario.

Sum, 41, died after being shot in the chest during the robbery attempt.

Walker testified that Shyne, Sum's alleged former pimp, organized the robbery and acted as the getaway driver, while McClane, 29, accidentally shot Sum as she screamed during the incident.

Walker agreed to testify as part of a plea agreement with prosecutors in which he accepted a reduced prison sentence of 17 years.

In questioning Walker's honesty, Ablard noted inconsistencies in Walker's statements about seemingly minor aspects of the incident, such as whether he saw a laptop in Sum's room, whether he saw McClane dump out Sum's purse, and other details.

"The devil's in the details," Ablard said during Walker's testimony.

Walker tried to explain his inconsistent statements by saying that since the incident, some memories have grown clearer, while others have faded.

"Certain details are not there anymore," Walker said. "It's been two years."

A jury of 10 women and two men also learned the details of Walker's criminal history.

Walker served one year in federal prison for smuggling illegal immigrants across the Mexican border. The immigrants each paid $1,000 for the illegal crossing, and hid two at a time in Walker's gas tank, according to Walker's testimony.

The jury also heard about a citation Walker received from a Pomona police officer for possessing a firearm. Walker said that during the contact, he provided the officer with information related to another case.

During his testimony, Walker discussed the harm to himself and his family that might come because of his testimony against McClane, who prosecutors say is a gang member.

"I can never go home. Never," Walker said.

McClane and Walker stared at each other as Walker was led out of the courtroom after completing his testimony.

After Walker's testimony today, prosecutors called four other people to the witness stand, including a prostitute who said she once worked with Shyne, McClane's ex-wife and two police officers.

The prostitute, a 15-year-old girl, told police that Shyne, 31, forced her to work for him for about three days after threatening her with a gun in Pomona.

But during her testimony today, the girl said her earlier statements about Shyne's threats were lies.

She also said she didn't want to testify against Shyne, and she said that prostitutes who testify against their pimps can be beaten or killed.

McClane's ex-wife, China McClane McQueen, was questioned Deputy District Attorney Carolyn Youngberg about a cell phone she and McClane shared.

The phone either received or placed calls to Sum and Walker the day of Sum's killing -- which is consistent with Walker's testimony -- but McQueen said she and McClane lost the phone before the calls were made.

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

FONTANA -- A judge ruled today that an alleged drunken driver must stand trial for a traffic collision on the 15 Freeway that led to the death of a Pomona woman.

Judge Art A. Harrison's ruling in Fontana Superior Court came at the end of a two-hour hearing in which prosecutors called several witnesses to testify about the circumstances surrounding the Oct. 11, 2009 crash.

Ashley Conner Young, 23, of West Hollywood, is accused of speeding on the southbound 15 Freeway in Fontana, and at about 1:30 a.m. rear-ending a car driven by Leyna Marie Basua.

Basua, 26, and her boyfriend, John Martin, were badly injured in the crash. Basua died about nine months later from complications to internal injuries.

About an hour and a half after the crash, Young's blood-alcohol level was measured at 0.13, according to testimony today. The legal limit is 0.08.

The day before the crash, Young and a friend drove from Southern California to Las Vegas for a weekend trip, according to testimony from Young's friend, Sara Elizabeth Cox.

Cox said she and Young spent the afternoon gambling and drinking in a pool area at the Cesar's Palace hotel. She said Young was drunk by the time they left the hotel at 9 or 10 p.m.

The two later argued, and Cox said she separated herself from Young and had Young's baggage removed from their room at the Rio hotel.

Young then told Cox she was driving home that night, according to Cox's testimony.

"I told her to please not drive home, that that was a bad idea," Cox testified.

Within a few hours of their conversation, Young's Audi rear-ended Basua's Honda Civic, causing Basua's car to leave the freeway near Cherry Avenue and strike a tree.

When a California Highway Patrol officer arrived at the scene, Young told him that Cox was driving and fled the scene. She directed him to Cox's driver's license in the center console.

The officer, Derrick Williams, testified that Young smelled of alcohol and showed other signs of intoxication, but he didn't administer sobriety tests because he lacked evidence that Young was driving.

Authorities later ruled out Cox as the possible driver in the incident by confirming that she didn't check out at the Rio until about 36 hours after the crash.

Cox testified today that her driver's license was in Young's car because she drove in Las Vegas and forgot to take her license when she left Young.

Young's attorney, Miles Clark, told Harrison that prosecutors lack definitive evidence that Young was the driver.

"I don't think that has been proven, that Ms. Young was actually the driver," Clark said.

Clark also said that prosecutors are speculating when trying to tie Basua'a death to injuries suffered in the collision.

He said there was no autopsy conducted to determine Basua's cause of death. And at the time of the crash, Basua recently had abdominal surgery, according to Martin's testimony.

Harrison ruled at the end of the hearing that Young must stand trial for gross vehicular manslaughter, two felonies for alleged DUI, and a misdemeanor for driving on a suspended license.

At the time of the crash, Young's license was suspended because she failed to appear in court for an arraignment on DUI charges in Los Angeles County.

Young pleaded guilty to gross vehicular manslaughter in December as part of a plea agreement with prosecutors that carried a one-year jail sentence.

The agreement was rejected by a judge last month amid criticism from Basua's family and friends that a one-year sentence was too lenient.

Young remains jailed in lieu of $250,000 bail at Glen Helen Rehabilitation Center in Devore. She is next due in court Feb. 17 for an arraignment.

A trial set to begin this morning in the lawsuit between two brothers who co-own the Joseph Filippi Winery.

The trial was scheduled to begin last week, but it was postponed because an attorney suffered a family emergency.

Gino Filippi, who owns a 45-percent stake in the historic Rancho Cucamonga winery, sued the company and his brother, majority owner Joe Filippi, claiming he was wrongfully terminated. Gino Filippi is seeking to dissolve to winery.

Joe Filippi counter-sued, accusing Gino Filippi of breaching his fiduciary duty.

The trial scheduled to begin this morning -- to resolve Gino Filippi's request for dissolution -- will be heard by a judge. A second phase of the trial will be heard by a jury.

RANCHO CUCAMONGA -- The grading company that owned a dump truck involved in a fatal crash in 2006 has pleaded no contest to a criminal charge and agreed to pay $10,000 to the victim's family.

Clark Grading, Inc. of Riverside pleaded no contest on Tuesday in West Valley Superior Court to vehicular manslaughter with gross negligence. The charge was reduced from a felony to a misdemeanor.

On June 16, 2006, the truck's brakes failed at the northern end of Archibald Avenue in Rancho Cucamonga. The truck descended the street without slowing, running through red lights and reaching speeds of up to 70 mph.

When it reached Arrow Highway it collided with a Ford F-250 driven by longtime Rancho Cucamonga city employee Angel Calzada.

Calzada, 51, was killed in the crash.

Prosecutors filed gross vehicular manslaughter charges in 2007 against Clark Grading and the driver of the dump truck, Adam Ahlberg, alleging the company and Ahlberg failed to properly maintain the truck's braking system.

Ahlberg was acquitted of felony charges last year, but a jury deadlocked in its deliberations over a misdemeanor. Prosecutors later dropped all charges against him.

Deputy District Attorney Charles Feibush said today that the $10,000 restitution fine paid by Clark Grading is the maximum allowed in this instance under the Penal Code.

"I thought and the (victim's) family thought that that was a reasonable resolution," Feibush said.

RANCHO CUCAMONGA -- A 23-year-old man pleaded no contest to pandering this week as part of a plea agreement that carries a 16-month prison sentence.

Arluster Berdale Johnson entered his plea to the felony charge Monday in West Valley Superior Court. He's scheduled to be sentenced March 4.

Johnson, a Las Vegas native, was arrested by Ontario police Jan. 4 after officers saw him loitering on train tracks next to the Travel Centers of America truck stop.

When police searched Johnson's phone after his arrest, they found text messages between him and an alleged prostitute in which he directed the woman to perform sex acts for money, according to a police report contained in Johnson's court file.

As part of their plea agreement with Johnson, prosecutors agreed to drop four remaining criminal charges against him.

POMONA -- A local councilwoman pleaded not guilty to petty theft this week for allegedly stealing a campaign sign last year on Election Day.

Pomona Councilwoman Ginna Escobar's attorney entered the plea on her behalf Wednesday in Pomona Superior Court.

Escobar, 24, was not present during the hearing. Her case is next due in court March 2 for a pre-trial hearing.

Escobar is accused of stealing a campaign sign on Nov. 2 belonging to Carlos Goytia, a board member at the Three Valleys Municipal Water District.

The councilwoman declined to comment today when reached on her cell phone.

"I was told to have no comment," she said.

Deputy District Attorney James C. Daloisio said today that he and Escobar's attorney have not discussed the possibility of a plea agreement in the case.

"Most likely it will go to trial," he said.

Daloisio said he hasn't finished investigating Escobar's case. He said he planned to interview witnesses, but otherwise declined to elaborate on what he plans to investigate.

The penal code allows for Escobar's case to be prosecuted as an infraction, rather than a misdemeanor, because the item she allegedly stole is valued at less than $50.

Daloisio said he doesn't know whether he's open to reducing Escobar's charge to an infraction.
"I'll know better when I've finished talking to all the witnesses," he said.

The prosecutor also said he had not discussed the possibility of reducing the charge with Escobar's attorney.

"I'm sure she'd be thrilled if she could (have the charge reduced), but we haven't discussed it," Daloisio said.

Escobar, a former Miss Pomona, defeated incumbent Councilman Timothy Saunders in November by only 71 votes.

She represents District 5, which includes the Phillips Ranch and Westmont neighborhoods.

RANCHO CUCAMONGA -- One of three Pomona men charged in the slaying of a prostitute in Ontario spent a second day on the witness stand today in the murder trial of his two co-defendants.

Donald Ray Walker's testimony in West Valley Superior Court was dominated by a video played for jurors of the police interrogation after his arrest.

In the first two hours and 20 minutes of the interrogation, Walker denied his involvement in Kimberly Michelle Sum's death, and did not implicate his two alleged co-conspirators.

Today was the third day of testimony in Matthew James McClane and Larry Darnell Shyne's trial.

Shyne, Sum's alleged former pimp, is accused of plotting to rob the 41-year-old call girl, and McClane is accused of shooting Sum in the chest during the attempted robbery at the Hotel Indigo.

Walker, who went to Sum's room with McClane in the robbery attempt, agreed to testify against Shyne and McClane in exchange for a reduced prison sentence of 17 years.

In two days of the witness stand, Walker has detailed the robbery that ended unexpectedly in Sum's shooting on Dec. 19, 2008, and said he could be killed in retaliation for his testimony.

Shyne's attorney, David Call, implied in his cross-examination that Walker, 23, has lied about Sum's killing to spare himself a life prison sentence.

"That's because you're lying once again, aren't you?" Call said in a typical response to one of Walker's statements.

After Walker was arrested by Ontario police on March 12, 2009, detectives interrogated him at the police station for about four hours, Judge Stephan Saleson told jurors.

In the portion of the interview shown today, Ontario police Detective Jeffrey Wentz and Pomona police Detective Greg Freeman implored Walker to tell the truth about the shooting.

"You're crazy not to tell Detective Wentz what happened," Freeman told Walker.

During the interview, Wentz and Freeman showed Walker security camera footage from the hotel that pictured two men -- allegedly Walker and McClane -- enter Sum's room the night of the shooting, and run out about a minute and a half later.

"There's a thousand and one people that look like me," Walker said after seeing the footage.

The detectives told Walker he should confess to his role in the shooting, and they predicted McClane would identify Walker as the shooter.

"You not trying to explain that will haunt you for the rest of your life," Wentz told him.

McClane did not speak to officers when he was arrested, according to police reports.

The remainder of Walker's interrogation video is expected to be shown Monday when Walker retakes the witness stand.

RANCHO CUCAMONGA -- One of three Pomona men charged in the attempted robbery and slaying of a prostitute took the witness stand today at the trial of his former co-conspirators.

Donald Ray Walker detailed the robbery plot hatched by his cousin, and the plan's botched execution, which ended in the Dec. 19, 2008 shooting death of Kimberly Michelle Sum, 41.

Walker, 23, agreed to testify against his cousin, Larry Darnell Shyne, and the alleged shooter, Matthew James McClane, as part of a plea agreement with prosecutors in which he exchanged his testimony for a reduced prison sentence of 17 years.

Walker, a self-identified member of the Crips street gang, said that because of his testimony and cooperation with law enforcement, he's likely been marked for death by his gang.

"You're not supposed to tell. ... You can die," said Walker, who because of potential retaliation is in protective custody at West Valley Detention Center.

Walker testified for about two hours this afternoon, and he's scheduled to retake the witness stand Thursday morning in West Valley Superior Court.

He said that Shyne, 31, called him the morning of the shooting and said he had a "lick," or robbery, that he wanted his help to carry out.

Walker said Shyne told him the robbery target was Sum, a prostitute who lived in Ontario at the Hotel Indigo, a newly opened boutique hotel north of the 10 Freeway near Haven Avenue.

Witnesses during the trial have said Shyne worked as a pimp, and prosecutors believe he at one time worked with Sum. Prosecutors believe one of Shyne's aims in the robbery was to scare Sum into returning to him for protection.

Shyne also asked Walker to contact McClane -- Walker's neighbor and gang associate -- to have him assist in the robbery, Walker testified.

Following Shyne's instructions, McClane and Walker set up a "date" with Sum, and agreed to meet her that night at her hotel room, Walker testified.

Shyne told Walker and McClane he wanted Sum's laptop computer, and he told the men to keep cash and other valuables he assured them were in the room, according to Walker's testimony.

"She's a punk," Shyne said, according to Walker. "Just rough her up a little. She'll give it up."

The three men left Pomona together in Shyne's car, arriving outside Sum's hotel -- where she'd lived for about six months -- at about 9:30 p.m., Walker said.

Walker said he and McClane put on gloves as they rode the elevator to Sum's room, fearing that police would be able to identify them by their fingerprints. Both men had recently been released from prison.

Walker said that after Sum let he and McClane into the room, he began looking for the laptop, cash and valuables, and McClane confronted Sum.

Walker said he heard McClane slap Sum, and shout things like, "Shut up," and, "Where's the money?"

During McClane's confrontation with Sum, he took out a chrome pistol and shot Sum once in the chest, Walker said.

"I heard her say, 'What the (expletive)?" Walker said.

After the shot was fired, the two men ran out of the hotel room. As they fled, McClane told Walker the gunshot was accidental, Walker testified.

"This wasn't supposed to happen like this," Walker said.

When Shyne picked the two men up after the failed robbery, they told him that Sum was shot, Walker testified.

"He was upset about it," Walker said. "He didn't want that to happen."

The day after the shooting, Walker said he threw away his clothes and helped Shyne wipe down his car to remove fingerprints possibly left by McClane.

Other witnesses who testified Wednesday were a prostitute, and a man who became friends with Sum after meeting her through her work as a prostitute.

The prostitute who testified, Porsha Tripp, said that Shyne used to be her pimp.

Tripp said that Shyne sometimes cursed at her, hit her and threatened her, but she also backtracked on many earlier statements to police about Shyne.

She said she didn't want to testify, and she was evasive in her responses to questions by Deputy District Attorney Carolyn Youngberg. Several times she said she couldn't remember details of her time with Shyne.

RANCHO CUCAMONGA -- A trial scheduled to begin this morning in the Joseph Filippi Winery case was postponed to Monday.

The trial in West Valley Superior Court was postponed because the mother of one of the attorneys in the case was hospitalized.

Gino Filippi has sued his brother Joe seeking to dissolve the family winery in Rancho Cucamonga. He alleges he was wrongfully terminated, and that Joe and the winery breached their fiduciary duties.

Joe counter-sued his brother, alleging Gino breached his fiduciary duty while employed at the winery.

A judge is scheduled to begin hearing testimony Wednesday in a lawsuit between Gino and Joe Filippi that will determine the future of the Joseph Filippi Winery in Rancho Cucamonga.

The first phase of the trial in West Valley Superior Court will be heard by a judge, who will rule on Gino Filippi's demand to dissolve the winery, and rule on allegations that both sides breached fiduciary duties.

After that segment of the trial -- estimated to last four to five days -- a jury will hear evidence and rule on Gino's claim that the winery breached his employment contract.

RANCHO CUCAMONGA -- The prosecution called only one witness to testify today in the murder trial of two men accused in the slaying of a prostitute at an Ontario hotel.

Ontario police Officer Melissa Ramirez described the scene in Kimberly Michelle Sum's room at the Hotel Indigo, where Sum's body was discovered the day after she was shot on Dec. 19, 2008.

Sum's former pimp, 31-year-old Larry Darnell Shyne of Pomona, is accused of conspiring to rob the 41-year-old, and enlisting his cousin, Donald Ray Walker, and his cousin's gang associate, Matthew James McClane, to carry out the robbery.

During the robbery, McClane, 28, shot Sum once in the chest, killing her, according to prosecutors.

McClane and Shyne are currently on trial in West Valley Superior Court, where testimony in the case is set to resume Wednesday morning.

Walker pleaded guilty to voluntary manslaughter in 2009 as part of a plea agreement with prosecutors that carries a 17-year prison sentence and requires him to testify against Shyne and McClane.