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Gang injunction boundaries widen


Expanded 'safety zones' virtually blanket entire downtown in Escondido
By Jose Luis Jiménez
UNION-TRIBUNE STAFF WRITER
January 28, 2007

ESCONDIDO – The city's first gang injunctions took effect in 2001, and authorities credit them with helping curb a gang problem. But gang members got hip to the restrictions, they say, and moved some of their activities to areas where authorities can't enforce the injunctions.

Now, the San Diego County District Attorney's Office has returned to Superior Court to expand the boundaries covered by the two injunctions – one of which would include most of downtown – so they can remain an effective tool in combating crime associated with gangs.

On Jan. 16, Judge Timothy Casserly approved the expanded borders on a temporary basis to allow time for legal challenges. If no one steps forward by next month, Casserly is expected to make the changes permanent.

The injunctions are civil court orders restricting gang members from certain activities within a specified area, and typically target a group's turf. Violating the order is a misdemeanor and carries a sentence of up to six months in jail and up to a $1,000 fine, said Lynn Behymer, a defense lawyer who has represented gang members accused of violating injunctions.

Critics say the injunctions unfairly target minorities and the poor who can't afford to hire lawyers to represent them in court.

In December, gang prosecutor Shawnalyse Ochoa described in court papers two areas of Escondido that she said are being terrorized by two predominantly Latino gangs. The first area covers Centre City Parkway east to Midway Drive and is bordered by Grand Avenue on the south and Lincoln Avenue to the north. The second is a mostly square area that covers from Upas Street east to Juniper Street and is bordered by Grand Avenue on the north and Felicita Place on the south.

By seeking the injunctions, Ochoa said she hopes the more than 300 members who make up the two gangs will adhere to the “new rules for living” the court is considering making permanent.

Problems blamed on the gangs range from nuisances such as loud parties and littering to serious crimes such as firing guns at rivals and assaulting those who stand up to them, Ochoa wrote.

“The threats, intimidation, vandalism and harassment have become so severe in some areas . . . that U.S. Mail delivery has stopped temporarily,” Ochoa wrote in court papers seeking the injunctions. “These citizens are living in fear.”

One of the new areas that would be covered by the injunction, what authorities call “safety zones,” includes most of Escondido's downtown. City officials have been working to revitalize the downtown core for more than a decade, beginning with the 1994 opening of the $83 million California Center for the Arts, Escondido, and a 16-screen movie theater across the street a decade later. The movie theater has become a popular hangout for teenagers.

Several downtown business owners interviewed last week said they have not seen the serious problems described by authorities in court, but have noticed more graffiti in the area.

“Any tools that the police need to keep the peace, I support it,” said Stephen Koonce, who has operated a downtown jewelry store for 29 years.

Escondido police and the District Attorney's Office declined to comment on the injunctions.

Mayor Lori Holt Pfeiler said she considers the court orders preventive medicine to preserve the commercial renaissance in the city's core, and does not think they will harm business.

“Gang injunctions have worked for us in the past. I think it was time to update them,” Pfeiler said. “People that are in gangs need to know this is unacceptable behavior and it will not be tolerated.”

While the courts have ruled the injunctions constitutional, some lawyers say they restrict an individual's civil rights. To challenge an injunction, gang members would have to spend thousands of dollars to hire lawyers, something most can't afford, Behymer said.

“You don't have a right to have an attorney represent you because it's a civil action,” Behymer said.

Debbie Ibarra credited Escondido's first gang injunctions with getting her oldest son out of a criminal lifestyle. But, Ibarra said, the police definition is too broad, and unfairly labels “good boys” as gang members. She said her nephew and her niece's boyfriend have been wrongly identified as belonging to gangs by Escondido police in the latest injunctions.

“Just because you're at a party with gang members doesn't make you a gang member,” Ibarra said. “I think it's unfair. They need to do a better job of documenting gang members than what they're doing.”

Authorities said the reasons gang members and some of their associates may have their rights restricted is the result of their destructive behavior and its on the larger community.

“These gangs and (their) members have brought these restrictions upon themselves by their prior conduct and activities,” Ochoa wrote. “There is no constitutional right to gather for the purpose of engaging in illegal gang activity.”

Gang injunctions forbid:
Associating with known gang members

Intimidation

Use of drugs or alcohol in public

Possession of guns or dangerous weapons

Fighting

Trespassing

Blocking free passage

Graffiti or vandalism

Acting as lookouts

Gang hand signs and clothing

Possession of burglary tools

Littering

Violating juvenile curfew