Court Roundup

Second-degree murder charges for Spring Valley man in hit and run

The family of Jacob Greenwald watched in horror Nov. 20 in court on a store surveillance tape that showed the 20-year-old Spring Valley man walking home on a sidewalk and an SUV driving fast onto the sidewalk on a foggy night.

Second-degree murder charges for Spring Valley man in hit and run

The family of Jacob Greenwald watched in horror Nov. 20 in court on a store surveillance tape that showed the 20-year-old Spring Valley man walking home on a sidewalk and an SUV driving fast onto the sidewalk on a foggy night.

The black and white tape does not show Greenwald being hit and killed by the SUV, but that’s what happened on Oct. 27 at 3 a.m. when Greenwald was walking home from working at a McDonald’s restaurant.  

The tape was shown during the preliminary hearing of Jason Michael Palmer, 34, ordered to stand trial for second-degree murder, gross vehicular manslaughter while intoxicated, hit and run, and drunk driving.

It is uncommon for the District Attorney’s office to charge second-degree murder in drunk driving fatalities, but one element of second-degree murder is “conscious disregard for life.” El Cajon Superior Court Judge Patricia Cookson ordered Palmer to stand trial on all counts.

Palmer was released from jail Oct. 8 after serving an auto theft sentence and was living with his grandfather in Spring Valley. The Toyota Forerunner that Palmer was driving belonged to his grandfather. The license plate fell off on Campo Road, and the SUV was heavily damaged and abandoned near Interstate 805 and Aero Drive.

California Highway Patrol officer Michael Edwards testified the SUV hit the 35 mph speed limit sign and Greenwald, who was hurled approximately 50 feet. He died at the scene.

Jorge Pena, a crime lab supervisor for the sheriff’s department, testified that Palmer’s blood/alcohol level about 7-8 hours after the crash was .16, which is twice the legal limit for drunk driving. Pena estimated that Palmer’s blood/alcohol level was .27 when the crash occurred.

Palmer was convicted in 2000 of misdemeanor drunk driving and hit and run in East County according to Deputy District Attorney Cally Bright. Palmer was using the name of Jason Gore at the time, and a certified copy of the court record was shown to Cookson over the objection of his attorney, Solomon Chang.

Oscar Flores, a friend of Palmer’s who was with him hours before he was arrested, testified Palmer came to his home and told him he thought he struck a person with his vehicle. 

“I did something terrible. I think I killed someone,” Palmer was quoted as saying to Flores, said Edwards.

CHP officer Frank Soto testified he arrested Palmer around 11 a.m. and said the keys to the damaged SUV were in his pocket. “He had glass all over his hair,” said Soto.

Chang unsuccessfully asked the judge to dismiss the second-degree murder charge. Palmer will get a trial date set on Nov. 27 and he has pleaded not guilty. If convicted, he faces 45 years to life in prison and he remains in jail on $1.5 million bail.

Murderer of Border Patrol agent sentenced to 56 years

A second man who pleaded guilty to participating in the 2009 murder of U.S. Border Patrol agent Robert Rosas in Campo was sentenced Nov. 14 to 56 years in federal prison.

About 50 Border Patrol agents in their green uniforms watched the sentencing of Marcos Rodriguez-Perez, 28, by U.S. District Court Judge M. James Lorenz. Also present were the widow of Rosas, their two young children, and the victim’s two sisters.

Rosalie Rosas, the widow, held her young son and asked Rodriguez-Perez to look at her. “I hate what you did. I have no choice but to forgive you because it is the right thing to do,” she told him, adding that she wanted to set an example for her children.

Lorenz ordered the 56 years run consecutive to the 2-year term Rodriguez-Perez is now serving for violating conditions of an earlier release for an alien smuggling conviction. Rodriguez-Perez said nothing in court.

Rosas was shot eight times on July 23, 2009 while he was on patrol in Campo. The men who shot him also took his night goggles, firearm, and other equipment before fleeing back into Mexico. 

An area of Interstate 8 near Kitchen Creek Road has been dedicated to his memory and a criminal justice training lab was named in his honor.

Rodriguez-Perez pleaded guilty to conspiracy to commit robbery and kidnapping, robbery of U.S. property, and discharging a firearm in a crime of violence. Two others, Jose Ramirez-Dorantes, 46, and Emilio Gonzales-Arenazas, 24, will be sentenced on Dec. 19 and Jan. 23, 2014 respectively.

In April 2010, Christian Castro-Alvarez, 17, was sentenced to 40 years in prison after he pleaded guilty to robbery and murder of a federal officer. Jose Chacon-Morales, also known as “Camello” and now 28, remains a fugitive.