Penal Code 187(a) – Murder in California

By: Wallin & Klarich

In Penal Code 187 (a), California law defines murder as “the unlawful killing of a human being or a fetus with malice aforethought.” Malice aforethought is a necessity in murder as opposed to manslaughter. This is a state of mind where someone intends to kill a person but not necessarily out of spite or hatred. …

Posted In: Violent Crimes

I Am Being Charged With Murder In San Diego, What Do I Do? – P.C. 187(a); P.C. 189; P.C. 190(a)

By: Wallin & Klarich

If you are being charged with murder in San Diego, it is important to know what legal consequences you may be facing. Under California law, murder is the unlawful killing of another human being with malice aforethought.  (P.C. § 187(a))  First degree murder exists when a person commits murder with premeditation and deliberation or under …

Posted In: Violent Crimes

PC 187 – MOTHER ALLEGEDLY KILLED HER 3-YEAR-OLD DAUGHTERS, THEN SET FIRE TO APARTMENT TO TRY TO COVERUP THE DEATHS

By: Wallin & Klarich

California Penal Code 187 – Murder On October 13, 2010, police allege that a mother stabbed her two 3-year-old daughters to death, attempted to commit suicide, and set fire to her apartment to try to cover up her daughters’ deaths. On October 12, after responding to reports of a late night fire, firefighters arrived at …

Posted In: Violent Crimes

PENAL CODE 187(A), PENAL CODE 189, PENAL CODE 190(A) – MAN CONVICTED OF MURDER AND STEALING VICTIM’S PRIZED FLUTES

By: Wallin & Klarich

On October 5, 2010, Alejandro Hernandez Rivera, 24, was found guilty of first degree murder for strangling a retiree as part of a plan to steal the retiree’s expensive flute collection. Rivera worked as a janitor by day, but prosecutors alleged that he also advertised his services as a prostitute on Craigslist. Theodore Neff, 66, …

Posted In: Violent Crimes

COURT UPHOLDS RECKLESS DRIVER’S MURDER CONVICTION – PENAL CODE 187 AND SECTION 189

By: Wallin & Klarich

On August 23, 2010, the Second Appellate District affirmed the trial court’s determination that appellant, a driver who collided with another vehicle and killed the other vehicle’s passenger, had the requisite intent to be convicted of murder. On November 29, 2006, appellant Hal Moore drove north on Hill Avenue in Pasadena at a rate of …

Posted In: Violent Crimes

Police Arrest Man Suspected to be the Grim Sleeper – California Penal Code 187

By: Wallin & Klarich

It was recently reported in the LA Times that the police arrested the alleged “Grim Sleeper” serial killer. Police went into the South L.A. home of David Franklin, Jr., 57, and arrested him without incident. Franklin is charged with 10 counts of murder and 1 count of attempted murder. Nicknamed after taking long breaks between …

Posted In: Violent Crimes

VERDICT NEARS FOR WHITE OFFICER ACCUSED OF SHOOTING UNARMED BLACK MAN; OAKLAND PREPARES FOR POSSIBLE RIOTS – CALIFORNIA PENAL CODE SECTION 189, PENAL CODE SECTION 192(A), (B)

By: Wallin & Klarich

On July 2, 2010, the city of Oakland, California, prepares itself for possible rioting as the trial of a white police officer accused of murdering an unarmed black man draws to a close. On January 1, 2009, Bay Area Rapid Transit police officer Johannes Mehserle, 28, shot Oscar Grant after passengers accused Grant and others …

Posted In: Violent Crimes

Mexican Governor Candidate Murdered and How a Criminal Defense Attorney Can Help You – California Penal Code section 187 and 189

By: Wallin & Klarich

It was recently reported by the Associated Press that gunmen assassinated the front-running candidate for governor of a Mexican border state. Mexican President, Felipe Calderon, called the murder as a drug cartels seeking to influence local elections. The attackers ambushed governor candidate Rodolfo Torre’s car as he headed to the airport in Ciudad Victoria, border …

Posted In: Violent Crimes

Death Row Inmate Executed by Firing Squad – California Penal Code Section 3604

By: Wallin & Klarich

CNN recently reported that Ronnie Lee Gardner, 49, was executed by firing squad for the shooting death of attorney Michael Burdell during a failed escape attempt from custody in 1985 at a Salt Lake City, Utah courthouse. A hood was placed over Gardner’s head and a paper target pinned to his chest. He was heavily …

Posted In: Violent Crimes

Van der Sloot Charged with the Murder and Robbery of 21 year old Student in Lima, Peru – California Penal Code Sections 187-199, and 211-215

By: Wallin & Klarich

CNN recently reported that Joran van der Sloot has been officially charged with the murder and robbery of a 21-year old student in Lima, Peru. Van der Sloot was also one of the prime suspects in the 2005 disappearance of American teenager Natalie Holloway, but was never charged due to a lack of evidence. Van …

Posted In: Violent Crimes