Criminal Defense Cases

People v. Dominguez
Mr. Dominguez was stopped for a random inspection and searched at Los Angeles International Airport as he was driving into the airport to pick up a friend. Avid sport shooters, they intended to go directly from the airport to a local shooting range. Airport police found the guns and seized the truck, 16 firearms, and about a thousand rounds of ammunition. Days after the search LAPD raided Dominguez’ home in the early morning hours, forcing his wife and daughters into the street in their pajamas. Mr. Dominguez was charged with eight felony and three misdemeanor violations. The case settled with a misdemeanor charge and fine, with no firearm restrictions nor jail time. This story garnered significant local media attention:

Arrest Angers O.C. Man Found At LAX With Truck Full Of Guns, O.C. Register (Jan. 10, 2009)
LAX Vehicle Search Yields Cache of Guns and Ammunition, L.A. Times (Jan. 10, 2009)
Man With 21 Guns At Airport: I’m Law-Abiding, MSNBC (Jan. 10, 2009)

People v. Solis
The LAPD Gun Unit conducted a sting at the Glendale Gun Show and arrested Mr. Solis for participating in an illegal gun transaction. Charges were dismissed by the Court because the LAPD misinterpreted the law. LAPD then pushed the Ventura District Attorney’s office to file charges for illegally possessing an “unconventional pistol” which was in fact a tear gas dispenser. After three years of litigation, the charges were finally dismissed.

People v. Wright
Client was falsely accused by the LAPD Gun Unit of being a “black market gun dealer.” He was allegedly enticed into selling a hunting rifle to a persistent undercover LAPD officer without conducting the sale through a licensed firearms dealer. Over 400 rare and collectible firearms were seized. Several of the firearms seized were alleged to be unregistered “assault weapons” or otherwise prohibited. Client faced a potential sentence of over 20 years in the state prison. Proved that he was not involved in illegal gun trafficking as the LAPD falsely claimed in a press conference and negotiated a probationary sentence on a misdemeanor offense.

People v. Corwin
Matthew Corwin was a decorated military police officer who was attending Los Angeles City College in 2007 while on injured reserve leave from the Army before being reactivated to serve in Iraq. An anonymous caller told police that numerous pictures of firearms, as well as videos of Mr. Corwin shooting, were posted on his Myspace page. Police mistakenly believed the depicted firearms were illegal “assault weapons” and claimed they thought Corwin might be a “threat” to the school. A search of Mr. Corwin’s house turned up allegedly illegal firearms and other items. Twelve felony criminal charges were filed. Established that the firearms were not illegal. The District Attorney’s Office then dismissed all of the criminal charges. This case received significant media coverage:

Matt Corwin FREE!, The Packing Rat (Dec. 17, 2007)
Student Pleads Not Guilty in Weapons Case, L.A. Times (May 30, 2007)
Student Is Held on Weapon Charges, L.A. Times (May 1, 2007)
Student Busted for Silly Stuff, The Packing Rat (Apr. 30, 2007)

County of San Diego v. Kevin B.
Police were called to defendant’s home after receiving reports of an argument between parents and their son. When police arrived, the son was no longer at the home. Police seized the son’s firearms. Police never took the son into custody under Welfare & Institutions Code section 5150 (evaluation for mental instability), yet ordered the firearms forfeited under Welfare & Institutions Code section 8102. In a published opinion, City of San Diego v. Kevin B., 118 Cal. App. 4th 933 (Ct. App. 2004), the Appellate Court found that the government could not forfeit the firearms since they failed to comply with the Welfare and Institutions Code section 8102.

People v. John Doe
Represented a 78-year-old man who was amorously involved with an 82-year-old woman who began seeing another octogenarian man. The jealous defendant confronted the suitor, which lead to a fist-fight and, ultimately, a shot fired into the suitor’s dwelling. The defendant was charged with pre-mediated attempted first-degree murder, assault, and illegally discharging a firearm. He faced a sentence of life in prison without the possibility of parole. Negotiated a probationary sentence. This case made national headlines.

People v. Moiseyev
A gun dealer was charged under a Los Angeles municipal code section with illegally selling a magazine capable of holding over ten rounds. Case dismissed.

People v. Dingman
Mr. Dingman was prosecuted for possessing an SKS “Type 56″ rifle that had been modified to accept a detachable magazine. Since 1991, the DOJ had represented that such modification was perfectly legal and that an SKS rifle so modified was not an “assault weapon.” Unfortunately, the Santa Clara District Attorney nonetheless prosecuted Dingman, who was convicted. We came into the case on appeal and convinced the DOJ to file an unprecedented amicus brief on behalf of this criminal defendant, something DOJ had never done before. The California Supreme Court accepted the case, but when Attorney General Lockyer was elected, he withdrew the amicus brief for political reasons, and the Supreme Court dropped the case. Nonetheless, the firm successfully got Dingman’s conviction reduced to a misdemeanor and his gun possession rights restored. (47 Cal. App. 4th 1068 (Ct. App. 1996), review dismissed and cause remanded, 100 Cal. Rptr. 2d 547 (Ct. App. 2000).)

People v. Bias
Bias was charged in Downey Municpal Court with a felony of possessing an SKS “assault weapon” and a second “assault weapon.” The SKS was a “Sporter” model that had bean bought legally from a gun store in 1993. The SKS charge was dismissed, the other firearm was registered, and the felony charge was reduced to an infraction with a small fine.

People v. Ramsey
Ramsey was prosecuted for possessing an SKS “Type 56″ rifle. When DOJ Firearms Program staff who had represented that this make and model firearm was not illegal were placed under subpoena for the preliminary hearing, the case was dismissed.

People v. Thompson
Firearm retailer was charged with a misdemeanor violation of a Pomona municipal ordinance for selling a Jennings J-22 handgun at the Great Western Gun Show at the Pomona Fairgrounds. Pomona failed to notify the gun show and dealers in the City that an ordinance was going to be enforced at the County-owned fairgrounds, over which the City had no jurisdiction. The case was dismissed, and the guns were returned. The case received significant media attention.

People v. Noroian
The LAPD falsely dubbed this client a “gun runner.” He was charged with multiple felonies and faced a possible 32-year prison sentence. Successfully proved that the client was a federal licensed firearms dealer who was merely selling off his on-hand excess inventory after the recent closing of his retail firearm store. Negotiated a probationary sentence.

People v. Masters
Mr. Masters was dubbed the “Bernard Goetz of the West” by the national media when he shot two graffiti vandals and armed robbers trying to rob him, killing one. Protesters hung him in effigy outside the courthouse. Masters was only prosecuted for illegal possession of a firearm. Argued that the LAPD had unconstitutionally refused to give Mr. Masters a concealed weapon permit. Masters received a probationary sentence. The case received significant media attention.

Vandal’s Slayer Sentenced to Clean Graffiti: Controversy, L.A. Times (Nov. 9, 1995)
Killer of Vandal Claims City Gun Policy Violated His Rights, L.A. Times (Aug. 8, 1995)
Not-Guilty Plea Is Entered for Masters, L.A. Times (Apr. 11, 1995)
Praise and Insults for Man Who Killed Tagger, L.A. Times (Feb. 4, 1995)