Murder and other charges were dropped Thursday against one of the five people accused in the fatal ambush shootings of two teens in Oceanside’s Libby Lake Park last year.
The District Attorney’s off...ice decided to dismiss the charges against Brian Bodden, 19, because prosecutors were no longer confident they could prove their case against him beyond a reasonable doubt, Deputy District Attorney Christine Bannon said during a brief hearing in Vista Superior Court.
Federal crime
UNITED STATES v. GESTON
Aug 13, 2002
OUTCOME: Conviction reversed on appeal and settled for a no custody misdemeanor
Defendant/Appellant Jack A. Geston (“Geston”) appeals his conviction for violations of 18 U.S.C. § 242 (unreasonable use of force under color of law) and 18 U.S.C. §§ 113(a)(3), (6) and (7) (assault wi...th a dangerous weapon resulting in serious bodily harm). The government filed a cross-appeal of the sentence on the basis that the court erred in not enhancing Geston's sentence because he committed the offense while acting as a police officer.
Geston, a police officer with the Department of Defense (“DOD”), was charged with assaulting Seaman Apprentice Jose Hernandez III (“Hernandez”) on board the U.S.S. Rentz.
Geston first encountered Hernandez at a fast food restaurant. Having failed a field sobriety test, Hernandez was handcuffed and taken to the police station by Geston and his partner for the evening, Petty Officer William Garrett (“Garrett”). Hernandez was later returned to his ship by the two officers.
Upon entering the ship, Geston and Garrett escorted Hernandez to the podium where Petty Officer Holden (“Holden”), the officer of the deck, was stationed. As Hernandez proceeded into the ship's passageway, he called Geston a “stupid fat fuck.”
Geston's first trial resulted in a mistrial, with the jury unable to reach a verdict. Following a second jury trial, Geston was convicted of both charges.
CONCLUSION
There was no prosecutorial misconduct in the presentation of testimony regarding Garrett's possession of a wooden baton. The district court did not abuse its discretion in denying Geston's motion in limine seeking the introduction of ‘prior bad acts' evidence. However, the district court plainly erred in allowing the prosecutor to persist in asking witnesses to comment upon the veracity of other witnesses.
Accordingly, Geston's conviction is REVERSED and this case is REMANDED for a new trial.4
REVERSED and REMANDED. Each party is to bear its costs on appeal.
Federal crime
UNITED STATES v. KLIMAVICIUS VILORIA
May 29, 1998
OUTCOME: Sentenced to ten years for the twelve tons of cocaine
On July 28, 1995, the United States Coast Guard seized the vessel Nataly I and the twelve tons of cocaine it was carrying. The Coast Guard arrested the entire crew: Richard Klimavicius-Viloria (“Kli...mavicius”), master of the ship; Dagoberto Lerma-Lerma, chief engineer; and Oscar Caicedo-Pineda, Edilberto Ferraro-Montesdeoca, Freddy Queney Rivas-Lerma, Felix Otero-Estupinan, Ruben Palma-Robayo, Leoncio Morcillo-Vidal, Daniel Payan-Solis, and Arnulfo Rojas Rentria, collectively the “Crew Members.” After a jury trial, Klimavicius, Lerma-Lerma, and all Crew Members were found guilty of possession of cocaine with intent to distribute on board a vessel, 46 U.S.C. app. §§ 1903(a), (c)(1)(C) and (f) (1994). Klimavicius and Lerma-Lerma were also found guilty of conspiracy to possess cocaine with intent to distribute on board a vessel, 46 U.S.C. app. § 1903(j) (1994).
Klimavicius, Lerma-Lerma, and all Crew Members were convicted of possession of cocaine with intent to distribute on board a vessel. Klimavicius and Lerma-Lerma were also convicted of conspiracy to possess cocaine with intent to distribute on board a vessel. Klimavicius, Lerma-Lerma and the Crew Members appeal their convictions for possession with intent to distribute. Klimavicius and Lerma-Lerma also appeal their conspiracy convictions, and Lerma-Lerma appeals his sentence.
