Thread: ESCONDIDO TO USE MASSIVE GANG INJUNCTIONS

DA's office seeking new gang injunctions in Escondido

By: TERI FIGUEROA - Staff Writer
North County Times
January 20, 2007

ESCONDIDO ---- Authorities hoping to clamp down on gang crime in the neighborhoods of central Escondido want to establish new restrictions on two of the city's gangs.

According to court documents filed by the county district attorney's office, the new injunction, which is a civil court order that restricts the behavior of alleged gang members within specified boundaries, targets more than 100 members of two rival gangs, more than double the number of people included in a similar order the court granted against the same two gangs in 2001.

Officials are also hoping to expand the area defined as "safety zones," where the activities ---- gun possession and fighting among them ---- of people named in the court order will be restricted should the court grant the order.


Gang injunctions have been used as tools to fight gang crime in more than a dozen North County areas. While prosecutors and others say they are an effective tool to keep neighborhoods safe, they are controversial among civil rights advocates who argue that the orders restrict people's rights before crimes are committed.

The new, larger Escondido gang injunctions would prohibit more than 100 alleged members of the rival gangs from associating with other known members of their gang, possessing guns or other dangerous weapons, fighting, graffiti, vandalism, making gang hand signs, wearing gang clothes and exhibiting other behaviors within the two designated safety zones.

Offenders can be arrested for violating injunctions and penalties include a sentence of up to six months in jail and fines of up to $1,000.

Officials from the district attorney's office said they could not yet comment on the injunction request, which is in its early stages and still must be approved by a judge before taking effect. Spokesman Paul Levikow said the district attorney's office would address questions about the proposed injunctions after the proceedings progress in court.

Escondido police officials referred inquiries about the injunction to the district attorney's office, and Mayor Lori Pfeiler said in a phone message Friday afternoon that she could not speak about the newly sought injunction.

If a court grants the request, two areas near the city's core will become "safety zones." The two areas are separate, although they share a common boundary along a stretch of Grand Avenue near the city's downtown area, and the activities of targeted gang members would be restricted in both zones.

Zones adjacent to each other

The boundaries of one of the safety zones would run roughly from Escondido Avenue on the west and Midway Drive on the east. The northern portion of the boundary runs, for the most part, along Lincoln Avenue, but there is a section that stretches as far north as El Norte Parkway; the southern boundary is generally Grand Avenue, with a little dip as far south as Third Avenue.

The second of the safety zones would run roughly from Upas Street on the west to Juniper Street on the east. The northern edges would generally run along Grand Avenue, and the southern boundary would run for the most part along Felicita Avenue.

The boundaries include five elementary schools and one middle school. The superintendent of the Escondido Union School District did not immediately return a call seeking comment about the proposed injunction Friday afternoon.

According to the court filing, the two gangs at the center of the injunctions were created when one gang split into two in the mid-1980s. The two gangs, which have allegedly staked out neighborhoods on Escondido's west side as their turf, became rivals.

According to the filing, members of the two gangs slip into one another's claimed turf to confront rivals or to leave graffiti. Tagging, or leaving gang graffiti, is often seen as a taunt, insult or challenge to other gang members.

The filing also claims that not only do gang members approach and assault rival gang members, they also confront random Latino men who end up on their claimed turf. The government argues in its request for the injunction that gang members allegedly confront people in the city and then assault and rob them if they are not members of their gang.

Prosecutors allege in the filings that the gang members often commit crimes in groups, frequently while carrying weapons, and that guns and other weapons are frequently shared.

The filing states that victims are afraid to report the crimes, fearful of possible retaliation by gang members. The court documents also allege that the gang members take part in foot pursuits, running through apartment complexes and private property as they flee police, and drive dangerously when trying to get away from police.

Injunctions common, controversial

If a Superior Court judge grants both of the new injunctions, it will mark the 14th and 15th times since 1997 that the district attorney's office has won a civil court order restricting the behavior of alleged gang members in different cities throughout San Diego County.

The last gang injunction sought for and won in North County came in 2005, and was aimed at 89 members of a Vista gang.

Gang injunctions have been the source of some controversy since the district attorney's office first sought one in 1997 to limit the activities of an Oceanside gang. Law enforcement officials and some residents of neighborhoods affected by gang injunctions have credited the court orders with helping make their communities safer, but opponents of the injunctions contend they violate the civil rights of the people they restrict.

Reached Friday night, the director of the American Civil Liberties Union of San Diego and Imperial Counties said that gang injunctions are generally "wrong and unfair."

"The problem with these types of injunctions is first that it drags in people who are not proven guilty in a court," local ACLU Director Kevin Keenan said, "and second, that it enjoins behavior that is perfectly lawful."

"It also gets in the way of helping these people improve their lives, get and keep jobs, see family members, doing the things that improve all of our lives," he added.

Larry Beyersdorf, the supervisor of the county public defender's office in North County, did not return a late Friday afternoon call for comment.

Even if the people the injunctions target actually are gang members, Keenan said, a gang injunction "still creates the second problem of stopping people from doing things that are legal."

Gang injunctions issued through Superior Court, such as those already in place in Escondido, Vista and Oceanside, generally forbid gang members from engaging in a variety of activities, including associating with each other, drinking alcohol, wearing gang colors and using gang hand signals, usually within certain boundaries in a community.

Escondido police told the North County Times nearly a year ago that they were seeking to update the 2001 injunction to address new gang members and shifting gang turf.

In July 2001, in an effort to combat the growing gang violence and restore public confidence, Escondido police and prosecutors won gang injunctions in two Escondido neighborhoods.

Those court orders, which became permanent in January 2002, set a number of restrictions for 43 members of the rival gangs in two concentrated areas of downtown and west Escondido.

A year after the preliminary injunction went into effect, an Escondido police sergeant told the North County Times that the injunction was "the most effective tool" the city's police had ever had to combat gang-related crime.

Contact staff writer Teri Figueroa at (760) 631-6624 or tfigueroa@nctimes.com.



Comments On This Story

Note: Comments reflect the views of readers and not necessarily those of the North County Times or its staff.

Escondodo wrote on January 20, 2007 3:44 AM:"The Escondido police are fighting an uphill battle. Now they have to fight the gangs and the ACLU. This has now officialy reached my neighborhood and I am not sure that I want to stay and fight. The bangers start young with the graffiti. I've witnessed the preteens running down Juniper with their spray paint marking their territory. Life is too short to put up with this BS. I am getting closer to joining the 'white flight.'"

Idea wrote on January 20, 2007 8:11 AM:"If a gang member is restriced to certian areas of the City and are upset with the injunction. Then do not become a gang member. Becasue of gangs, us everyday lawful citizen civil rights are abused because of the fear of the gangs. Once again the ACLU is protecting the wrong group. I think the ACLU needs to change their name to something that does not conflict with us real americans! "

Todd wrote on January 20, 2007 8:21 AM:"Majority of the gang memebers are here illegally,if not them,their parents.How can they even call it "their turf"?I have an idea...If a gang member even spits,deport them and their parents!!Come on Escondido ZERO TOLERANCE!!"

Figures wrote on January 20, 2007 8:35 AM:"I tell ya, you get those civil rights activists and they will get you every time. These gang members are animals. Do you get that?"

RJ wrote on January 20, 2007 8:52 AM:"I'm all for the expansion of the boundaries. My 19 year old son was robbed at gunpoint (within the area of the proposed expansion) of his cell phone and wallet by a group of these animals. 6 teenagers approached him and asked who he "claimed". When he indicated he was not in a gang they shoved the barrel of a gun to his forehead and took what they wanted. The apparent leader of this group told my son he would be killed if he reported the incident to the police. I'm sure the leaders of the ACLU and their lawers feel safe in their gated communities. I'll bet they would feel different if the lived in one of the injunction areas and their children were threatened by these animals. "

Wonderful wrote on January 20, 2007 9:19 AM:"Great story....why isn't Oceanside doing this?"

El Guero wrote on January 20, 2007 9:29 AM:"I'm surprised the ACLU hasn't objected to the use of chemotherapy and radiation on the grounds that they violate the constitutional rights of cancer cells to reproduce."

LTSR wrote on January 20, 2007 10:02 AM:"Isn't there anything that could be done to rid Escondido of these two gangs that are referred to??? Are these gangs comprised of Whites or Latinos? I would imagine Latinos (Mexicans). Any input??"

RBL wrote on January 20, 2007 10:20 AM:"Oh, such rascism.. there are no Mexican gangs in North County. Really, do not worry be happy. What crime ?"

Pablo wrote on January 20, 2007 10:21 AM:"Looking at the map depicting the areas of Escondido adversely affected by gang activity one must recognize the correlation between the neighborhoods of overcrowded housing and the expansion of the areas of gang activity. All of the neighborhoods depicted on the map as gang infested could be cleaned up overnight. The simple remedy is to regulate whose cars are allowed to be parked and where they can be parked on city streets. Only vehicles owned by legitimate residents should be allowed to be parked overnight in front of their own residence. The key here is to only allow overnight parking by permit and making the permit dependant on sufficient off-street parking facilities not having been required by the city when that property was developed. Accordingly, only when a legitimate hardship exists should a resident be allowed to obtain an overnight parking permit, for a fee paid to the city, to park his personal vehicle on the city street in front of his residence. If residential overcrowding is eliminated in this fashion less cars, only permitted vehicles, will be on the city streets in those neighborhoods allowing the police to more easily identify and act on suspicious activities. Cracking down on the long-term effects, resulting from the selfish actions of abusive slumlords, is long overdue. "

Add Your Comments or Letter to the Editor

http://www.nctimes.com/articles/2007/01 ... _19_07.txt

We have a secret. Won't reveal. BUT this didn't just fall out of the sky.

Be aware, be pro-active. THINK. ACT.

Use your God given intelligence to save our Country.

Bill Tibbe

Nanchi wrote on January 20, 2007 10:42 AM:"Where is the ACTION in OCEANSIDE???????"

thanks wrote on January 20, 2007 10:43 AM:"At least the DA's office is doing something about this. I'm glad to have this map for reference. I'll be more careful in this area now, and expect the police to pay more attention too. "

ACLU wrote on January 20, 2007 10:47 AM:"ACLU has their head in the sand, or they are gangbangers themselves!"

Freddy wrote on January 20, 2007 10:56 AM:"Please place well trained armed guards inside the Escondido Main Library. And keep an eye on the East Valley Branch. Have you tried to comb your hair while looking into the mirrors of both libraries? The graffiti is deeply dug in!"

ITS ALL ABOUT JUSTICE wrote on January 20, 2007 11:45 AM:"We need to let these bangers know whos boss. We cannot be treated like weak antelope bent over the railing anymore! we must stand up and eject our own poison in these inconsiderate hulligan's faces! THEN THEY WILL TASTE WHAT IT IS LIKE TO FEEL SCARED!"

Escondeeter wrote on January 20, 2007 11:49 AM:"Remember when the 'A' in ACLU stood for "American"?"

Mr E in Esco wrote on January 20, 2007 12:52 PM:"do any of you live in this area? If so, What are you doing to stop the problems? I live it (and in it) everyday any raerly seen help from my neighbors.I do see a lot of people pointing fingers, crying foul bla bla bla bla. You people need to get off you rear ends and help, follolw those taggers, report those crimes, let them know you are out there! This tool is long waited for by the people who live in this war zone and we that the EPD & DA for all the help, as for the Mayor...well I dont see a gang problem in her area, so its not her problem......"

Gary in Murrieta wrote on January 20, 2007 1:39 PM:"I was driving on the 15 North Freeway, going home from work yesterday (Friday), when I noticed that there was gang graffiti on the bridges just before the 78. If the city is to be really serious about this problem I would expect this graffiti to be removed by the time I drive home again on Monday."

Skip wrote on January 20, 2007 1:43 PM:"First: Immediately deport the Illegal Alien Gang Members. Second: Deport the Illegal Alien Parents of gang members. Third: Problem solved or seriously reduced. Then deal with the Legal residents. It will be cheaper and more effective."

Greg in Oceanside wrote on January 20, 2007 2:09 PM:"Bravo to Escondido! I'm just hoping other cities do the same, especially Oceanside, Vista, and San Marcos. It's time we clamp down on those elements in our community who obviously don't want to obey the laws and want to commit rampant crime."