1st Degree Murder: Out on Bail/Reduced to Assault w/ Great Bodily Injury

Client was charged with first degree murder on Thanksgiving when he ran over another person after an altercation at an adult softball game. Client was involved in an incident that took place at an annual Thanksgiving Day softball game. Client was one of 30-40 people playing in the game or watching from the dugout.

The victim arrived at the field and began causing a disturbance. He was not playing in the game and was unknown to Client and most all the other players. The victim began throwing full beers at players and spectators. One beer struck a spectator in the head. The victim was told by those in attendance to leave the area.

After The victim left the field for a third time, he returned and began making menacing threats and movements towards Client. Client explained to police that the victim threatened to stab him and was throwing bottles at him earlier in the day. The victim, again, started throwing beers or rocks. Item(s) thrown by the victim struck Client’s SUV. The victim got on his bicycle after throwing the items at Client’s SUV. Client got into his SUV and proceeded to chase the victim out of the park. Client followed the victim over the sidewalk and onto the grass. The victim rode his bicycle back onto Arey Drive and Client followed in his SUV. The victim was on his bicycle near the middle dividing lines of Arey Drive. He was located to the right of Client’s SUV. According to at least one eyewitness interviewed by police immediately after the incident, the victim then cut to the left, in front of Client’s SUV. The front right tire struck the victim or his bicycle, and drug him under the right side of the SUV.

Client drove from Tijuana to San Diego on the morning of November 25, 2021. Client was staying with his wife in Tijuana and drove across the border at approximately 8:00 am to attend the softball game. After the collision, Client panicked and immediately drove back to Tijuana.

A subsequent investigation uncovered that The victim was a well known San Ysidro gang member. Since this tragic event, The victim’s gang has vowed revenge. Client was harassed and beaten when he was incarcerated at the jail. The threats and risk to Client’s life continued and he was forced into protective custody before he was released on bail. During the pendency of his case, Mr. Griffin was able to get Client out on bail, which is unheard of for a defendant charged with murder. Mr. Griffin argued that the client’s safety was at stake due to the victim’s gang affiliations and that even isolation in jail could result in the client’s death by the victim’s fellow gang members in jail.

Client was still facing up to life in prison for killing the victim, but Mr. Griffin was able to plead him down to a charge of felony assault with GBI. Client avoided a life sentence thanks to Griffin Law Office.