Councilwoman Estrada writes letter in support of youth accused of multiple felonies
Here's an article about a letter that 1st Ward Councilwoman Esther Estrada wrote to assist an Inland Empire teen accused of several felonies for his alleged role in an April 2008 robbery spree.
Estrada maintains in her letter that the youth was not a hardcore case, just a young man who happened to get mixed up with the wrong guys and had no intention to commit the alleged crimes, which include attempted murder. Estrada did not ask for the charges to be dropped but did request that the teen be tried in juvenile court instead of adult court.
The letter did not sway prosecutors, and the teen faces trial as an adult in West Valley Superior Court.
If one assumes that the teen was indeed caught up in the crimes of others, the case raises an interesting question. Should prosecutors use the full power of the law to punish those who are not hardcore gangsters - but noneetheless become involved in gang-related offenses - or temper their prosecutions to favor rehabilitation. At first glance, the answer seems to hinge on whether deterrence or mercy is a better guide for crime prevention.
I waited to post this until 5 p.m. in order to give Estrada more time to comment on her letter. I've left multiple phone messages since the past week but have so far not been able to speak directly with the councilwoman.
The story, longer than the version headed for the print edition, follows the jump.
By Andrew Edwards
Staff Writer
San Bernardino City Councilwoman Esther Estrada has written a letter to the District Attorney asking prosecutors for leniency in a case against an Ontario youth accused of attempted murder and other major felonies.
Estrada's letter raises the question of whether prosecutors should seek rehabilitative approaches to youths accused of gang involvement or use the full force of law to punish young offenders.
In her Nov. 20 letter to District Attorney Michael Ramos, Estrada asks that teenaged defendant Felipe Curiel be charged as a juvenile instead of an adult for his alleged role in a violent robbery spree that occurred on a single April 2008 night in Ontario, Rancho Cucamonga, Upland and Montclair.
"I implore you to seriously consider moving Felipe's case to juvenile court, which is where young boys of his promising background, with absolutely no criminal record, should face the consequences of their actions," Estrada wrote.
The letter is part of the court's file on the case. Estrada, who wrote the letter on City Council letterhead, did not return phone calls for this article.
A West Valley Superior Court judge has ruled that Felipe, 17, and four other young men must stand trial in adult court on charges stemming from their alleged roles in a robbery spree that led to one victim being shot in the stomach and another person suffering a blow to the head that required medical care to close up a bleeding wound.
Curiel was held to answer on one charge each of attempted murder and assault with a firearm, four charges of felony robbery, and a single count of attempted robbery.
The teen has pleaded innocent to all charges.
The prosecution derived its attempted murder charge from the shooting, but Felipe -- who is alleged to have provided the green Ford Explorer used for a night of crime -- is not accused of pulling the trigger.
Deputy district attorney Tom Colclough says serious charges against Felipe are justified.
"On a gang case we don't have to allege that he actually pulled the trigger," Colclough said.
Colclough declined to identify which specific gang is alleged to be involved in the crime but said the gang is well-known to law enforcement officers in western San Bernardino County.
Estrada wrote that Felipe faces the possibility of life imprisonment if convicted on all counts. Colclough simply said that the teen could spend a "long time" behind bars if found guilty.
Colclough said Estrada's letter was unusual. He said he could not think of another time that an elected official wrote a letter of reference for a defendant.
"I've been here almost 12 years," he said. "I've never seen anything like this."
The prosecutor said he didn't want to register an opinion on Estrada's letter, but didn't seem to be in a forgiving mood while discussing the case. He said none of the defendants showed any compassion to the people who they allegedly wounded during the robberies.
"I'm not aware of anyone doing anything to help the two victims," he said.
The next court appearance is pre-trial hearing slated for Feb. 20.
Felipe's attorney and sister contend that the teen, if convicted, should not face the full penalty of law. They say Felipe had no idea a crime spree was in the offing when the fateful night began.
"He didn't have any kind of record. I mean, nothing," said Felipe's sister, Marina Torres.
Torres, a Los Angeles-based lawyer, said she thinks her brother only knew one of other young men who are now his co-defendants.
"Before he knew it, this went out of control," Torres said.
Torres said she only has a tangential relationship with Estrada, who she came across through her professional connections.
San Bernardino-based attorney C. Patrick Milligan is representing Felipe. Milligan compared the incident to a plot point in "Gran Torino," the new Clint Eastwood film.
In the movie, Eastwood's character catches a teenaged neighbor attempting to steal his car. The character of the would-be thief is written as a soft-spoken youth who pressured into the crime by gang members who include his hardcore cousin.
"There's a coercion that occurs in the neighborhood between the gang members and good kids so they get brought in under circumstances where they have no intent to be there," Milligan said.
Milligan said that in all probability, Felipe's case will be tried in adult court but there's still a chance for the teen's youth to be taken into account in the administration of justice.
"There are too many mistakes made by young people that they never repeat in their entire lifetime," he said.
Staff Writer Will Bigham contributed to this report.
[TAG1]andrew.edwards@inlandnewspapers.com
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Should the juvenile's name be published in this article since he is a minor?
Molly,
Yes. He and the other four defendants are being tried as adults. The names are public record.
This young man needs to pay for his crime! He needs to learn that laws were not made to be broken. I just hope that if the following statement is not correct, " He said none of the defendants showed any compassion to the people who they allegedly wounded during the robberies." If the statement is correct then they need to go jail for life.
As a retired police officer I sure would like to know what Estrada's alterior motive is for this letter. Does she know someone in the family or did someone in the family or connected to it contact her. I wonder if the kids last name was Peterson if she would of done the same.
I have to laugh when people say he had no criminal record. That just means when they finally get caught in vicious crimes like this they weren't caught before in their evil ways whether they were minor one's or not. Rest assured this kid is no angel and had choices and his value system is broke. He must now pay the price. Let's not start having excuses for this kids behavior or lessen his culpubility.
Punks like this are a dime a dozen out on the streets and family members with there broken agenda (ethics, values, responsibility), will always try to get these losers off.
If his attorney is successful at throwing enough crap toward some jurors and he gets off or receives a light sentence make sure once out the righteous one moves in next door to his attorney.
I once had some respect for Estrada but she needs to go in a patrol car for a few months and see firsthand how broke down and uncaring these crooks are and how out of control it is with too many members of society. They only understand one thing and that is going to jail. They could care less about rehabilitation and that is a joke in itself for the most part.
I am very sure that there must be a connection between Estrada and this criminal. What's worse is that she is using tax payer's money to write this letter of support for a criminal on the city's letterhead! We should judge people by their actions and character, not by who they know. It's a shame to have Estrada in the city council. If she wants to defend criminals she should resign and apply for position where she can do that, but while she is in a position of using tax payer's money and representing us she has no right to play advocate to criminals. Perhaps this person was one of the students at her school Casa Ramona, if so what kind of citizens is she raising there?
I can't believe Estrada would try to use her name and her position to try to influence any outcome of this juveniles court case. She has a right to her opinion, but dont use the paper and your name as a forum for to better the interest of yourself. This case is none of her concern, and none of her business. Please stick to the city council. But even then, you never hear about her doing a thing for her community. It must be around election time, or she is personally involved. I dont care about the age of the offender, when you break the law youhave to pay the price. Even if that means you will be considered an adult. If you give one a break then you must set the bar for all others. Then we will really be in big trouble. Criminals running around knowing that they will be let off easy. The judge and the jury will decide the outcome of this one, not Estrada. Is she trying to make herself look good, only to the criminals, by being compassionate? Please do it in other ways: preventing crime in your neighborhood, decreasing blight, increasing public access to services, and improving educational services. What we want is compassion and consideration for the juveniles and young youth who are not breaking the law!!