Personal Injury Case Results
$650,000 Award for Mother of Murder Victim
On August 6, 2004, a Ventura County judge agreed with Attorney Philip De Smeth of the Ventura law firm of Bamieh & De Smeth and awarded Carmen Guerrero, the mother of murder victim Olga Solis, $650,000 for the wrongful death of her daughter Olga Solis. Ms. Solis was murdered by Alberto Mora Solis on April 14, 2002. A Ventura County jury convicted Alberto Solis of that murder on June 4, 2004. Mr. De Smeth represented Carmen Guerrero before Superior Court Judge Steven E. Hintz. Judge Hintz ordered a judgment of $650,000 against Mr. Solis after an evidentiary hearing featuring the emotional testimony from family members. Philip De Smeth commented, “I am very pleased that we were able to obtain this judgment within about four months of filing the civil suit. Mr. Solis has assets which we will use to enforce this judgment. Hopefully this will bring some solace to the family. Bamieh & De Smeth is proud to represent Ms. Guerrero in the memory of her daughter who was so brutally murdered. It is one of the most rewarding parts of our practice for me and my partner, Ron Bamieh, to represent victims of crime and help them to piece their lives back together.”
$519,000 Jury Verdict For Family Of Man Run Over By City Of Oxnard Trash Truck
On August 6, 2004, a Ventura County jury agreed with Ventura Attorney Ron Bamieh, of Bamieh & De Smeth, PLC, and awarded the family of Jay Patel $519,000 for the wrongful death of 43-year-old husband and father. Mr. Patel was walking to work and was killed when a City of Oxnard garbage truck struck him while he walked in cross walk as he crossed 5th street in Oxnard. Mr. Patel was killed when the driver of the garbage truck looked in another direction as he accelerated through a right turn into the cross walk where Mr. Patel was crossing with a green light. His wife Krishna, daughter Parul, son Vivek, survived Mr. Patel. The two-week wrongful death jury trial was held in Ventura County Superior Court before Judge Henry J. Walsh. Ron Bamieh of the Ventura law firm of Bamieh & De Smeth represented the Patel family. The jury found that the total damages were $865,000. The jury further found that City of Oxnard employees were 60 percent responsible for this accident. Mr. Bamieh and the Patel family were hopeful that the City of Oxnard would attempt to resolve this matter and not force the Patel’s to relive this tragic incident. However, the City of Oxnard refused to admit that the accident was the fault of their employees and claimed that Jay Patel ran into the side of the trash truck. Early in this litigation, the Patel family would have accepted less than the jury verdict. Ron Bamieh commented on the trial, “I am pleased with the Jury’s verdict. They did an incredible job listening to the evidence and realizing that the City’s denial was not based on the truth. The City’s mistake was thinking that spending over $70,000 in expert witnesses, and $100,000 for lawyers would somehow intimidate the Patel family or my law firm. It was a pleasure showing the City that a strong family, a credible witness, and truthful advocacy could defeat their bullying tactics. I was honored to have the faith and confidence of the Patel Family, who are truly remarkably and special people. We look forward to celebrating this Verdict with the Patel Family tonight.”
$519,000 Jury Verdict for Family of Wrongful Death Victim
Criminal Defense Case Results
People v. M. Rodriguez
8/1/2013 – Description: Retrial of September 2012 case. Client charged with murder and special circumstances. Outcome: Judge acquit client based on a defense motion at close of the prosecution’s case.
People v. F. Rodriguez
7/1/2013 – Description: Client charged with felony vehicular manslaughter. Outcome: Judge acquit client based on a defense motion at the close of prosecution’s case. Read about the case here.
People v. G. Cauchon
5/1/2013 – Description: Client, a local businessman, was accused of a misdemeanor battery during a work altercation. There were three witnesses. Outcome: Jury hung 7-5 not guilty, case dismissed. Read about it here.
People v. C. Parrilla
2/1/2013 – Description: Client charged with attempted murder. He was alleged to have been the person on recorded video who shot at the victim four times. DA sought 60 years to life sentence. Outcome: Jury hung on attempted murder charge.
People v. M. Rodriguez
9/1/2012 – Description: Client charged with murder committed on behalf of street gang. At the trial, Ron established the DA influenced the accomplice to testify against the client. Outcome: Mistrial called by judge on discovery of new evidence.
People v. E. Andrade
7/1/2012 – Description: Defendant alleged to have shot and killed a man during a robbery. Prosecution sought conviction for first degree murder and 50 years to life sentence. Outcome: Murder charge was removed and client was convicted of voluntary manslaughter. Read the case description.
People v. B. Vargas
5/1/2012 – Description: Defendant was charged with stabbing an unarmed man 17 times during a fight. Prosecution sought first degree murder conviction and 25 years to life sentence. The defense presented to jury was of imperfect self-defense, requiring voluntary manslaughter conviction. Outcome: Defendant found not guilty of murder, convicted of voluntary manslaughter and sentenced to 6 years. More about this case.
People v. Vega
1/3/2012 – Description: Defendant accused of molesting two girls, both 14 years old, and charged with four felony offenses which require lifetime sexual registration. Outcome: DA dismissed entire case after jury could not reach a verdict. More about this case.
People v. Hershel
1/2/2012 – Description: Defendant was accused of misdemeanor sexual offense on teenage boys, requiring lifetime sexual registration. Four alleged victims testified about defendant’s conduct at trial. A psychological defense was presented on behalf of client. Outcome: Defendant acquitted after jury trial. Read more about it on Avvo.
People v. N. Vargas
10/1/2010 – Description: Client was charged with shooting ex-wife on the couch 3 times from approximately 8 feet away, and later confessed to all of his actions.DA sought first degree murder, 50 years to life sentence. Defense presented a psychological defense to establish client’s reasonable fear of ex-wife. Crime reduced to voluntary manslaughter. Outcome: Not guilty of murder, guilty of voluntary manslaughter.
Case of C. Valencinia
6/1/2009 – Description: Client was investigated for the murder of her live-in boyfriend, who was stabbed to death in their home. Ron and his team of investigators discovered evidence of long term domestic violence. He compelled the police department to collect evidence establishing client’s right to self-defense Outcome: DA refused to charge client, finding she had the right to self-defense and her actions were justifiable in light of the circumstances.
People v. G. Tapia
3/1/2009 – Description: Client charged with murder and being a gang member. Ron established client’s friend was the actual killer. Outcome: Jury acquitted client of murder and found allegation of gang membership false.
People v. Ferguson
July 2016 – Description: Client was accused of driving under the influence of alcohol. Discovery motion allowed for receipt of the video footage from arresting officer’s car, which was used in a motion to suppress due to an illegal stop. Outcome: Motion was litigated, which lead to the exclusion of all evidence against our client.
People v. Annees
December 2015 – Description: Client was accused of committing battery on ex-girlfriend, which was caught on video at the courthouse. Our cross examination of alleged victims and witnesses resulted in jury finding none of them credible. Outcome: Jury returned not guilty verdict in less than one hour.
People v. Jappe
September 2016 – Description: Client was accused of manufacturing synthetic marijuana and possession of marijuana. Outcome: Motion to suppress was litigated and all evidence of manufacturing was excluded and the manufacturing charge was dismissed.
People v. Rosales
August 2016 – Description: Client was accused of extensive sexual conduct with a minor. The case hinged on admissions made in secret recording. The DA requested an 8-year state prison sentence. Outcome: Our investigation established several charges could not be proven. Prosecutors accepted a sentence of less than 3 years.
People v. Castillo
February 2016 – Description: Client was accused of robbery, assault with a deadly weapon, and being a member of criminal street gang with a prior felony conviction. The DA initially offered 12 to 14 years. Outcome: Defense investigation damaged credibility of several of the witnesses, and DA agreed to an 18-month sentence, a majority of which was served in local custody.
People v. Rice
November 2015 – Description: Client was accused of felony spousal and child abuse. Outcome: Our extensive investigation into the background alleged victim and her prior false complaints lead to the dismissal of all charges.
People v. Clobes
September 2016 – Description: Client was charged with conspiracy to commit a car-jacking, two counts of assault with a deadly weapon, and multiple counts of auto theft. DA initially offered 8 years in state prison and $150,000 of restitution. Later the DA raised the offer to 14 years of state prison and reduced restitution to $100,000. The case was set for trial and the motions filed to dismiss all allegations. Outcome: After becoming aware of the extensive defense, the DA agreed to drop all charges prior to trial except for the car theft allegations. The Court reduced all counts to misdemeanors and agreed to 28 days sentence on home arrest and restitution of $12,000. The Client was able to keep his job, and resume his life.
People v. Nolasco
May 2016 – Description: Client was accused of rape and other counts of sexual assault. The DA offered 6 years in state prison to the former attorney of our client. After we accepted representation of the client, we conducted an extensive investigation to establish intoxication of the alleged victim and issues she had prior to contact with client. Outcome: The DA offered 120 days of local jail time and probation for a misdemeanor battery.
People v. Cisneros
July 2016 – Description: Client was accused of battery; there was a dispute over a relationship. Outcome: Our investigator interviewed the relevant parties and the statements provided to the DA’s Office. The DA rejected the case, refusing to file charges.
People v. Renteria
July 2015 – Description: Client was charged with a felony hit and run. Our investigation revealed several factors that mitigated the allegations brought by the prosecutor. Outcome: After the preliminary hearing the District Attorney agreed to reduce the charge to misdemeanor, and agreed to summary probation and no jail time.
People v. Estrada
January 2014 – Description: Client was accused of shooting another individual with a handgun, and causing great bodily injury. Our assigned investigator found two witnesses who both created a great deal of doubt as to identity of the shooter. Outcome: After preliminary hearing, the District Attorney dismissed the charge.
People v. Coronado
September 2016 – Description: Client was arrested for felony domestic violence. Our investigation cast doubt on the allegation, and also strongly indicated that our client was a victim. Outcome: The District Attorney rejected the case.
People v. Khan
July 2015 – Description: Client was charged with 4 serious felony counts including domestic violence, sexual assault, and using weapons in the offenses. DA offered a term in state prison and life-time sex offender registration. Our investigation revealed alleged victim was attempting to manipulate our client and judicial system to get a favorable divorce and US residency. Outcome: Following a preliminary hearing, DA dismissed all charges against our client on account of the overwhelming evidence obtained during our investigation.
People v. Martin
June 2016 – Description: Client was charged with DUI and driving without a license. Once we were provided full discovery, we believed our client was unlawfully detained. We used video footage to demonstrate that the CHP officer’s report was not accurate, and he could not had have reasonable suspicion to conduct vehicle stop. Outcome: Judge ruled all evidence seized following illegal stop must be suppressed. Following successfully suppression motion hearing, DA dismissed the case.
People v. Davies
September 2013 – Description: Client was charged with felony hit and run and a misdemeanor charge of reckless driving causing injury. During our investigation, we learned client suffered from epilepsy due to a severe head injury. Our discussions with doctors and other medical professionals established that the client suffered a seizure while driving his vehicle. Outcome: After confirming the validity of our investigation the DA dismissed the case.
People v. Schmutz
September 2016 – Description: Client was charged with unlawful possession of firearm and ammunition. We established that our client lacked knowledge that he was not allowed to possess the firearm and ammunition, presented our entire defense to the prosecutor before a trial was to begin. Outcome: DA dismissed case.
People v. Scarlett (January 2016) People v. Rodriguez (June 2015) People v Owens (September 2016)
Bamieh and De Smeth, PLC is proud to offer reduce rates to United States Military veterans on non serious felony cases, and we have represented dozens if not hundreds of our military veterans. Description: The three cases listed above all involved former U.S. Military members charged with various crimes from misdemeanors to felonies. Outcome: We were able to enroll all three in Veterans Court, obtain services for them, and upon completion of the program, all of their cases will be dismissed.
In Re Christopher
August 2016 – Description: Client was accused of sending threatening text messages. The case was investigated as terrorist threats. Outcome: After extensive discussions with law enforcement, the client agreed to counseling and the DA didn’t file the case.
In Re Kevin
June 2016 – Description: Client was accused of sexually assaulting a high school student. Outcome: The DA agreed to informal probation. After probation was completed, the case was dismissed and the file sealed.
In Re J
July 2016 – Description: Client was accused of participating in armed robbery. The DA initially sought multiple years of custody in California Youth Authority. Outcome: Completed contest after which Court called our client one of the victims of this ordeal. Client was released on electronic monitoring, placed on probation, and will be eligible for dismissal and sealing of file if probation is completed.
In Re Lee
September 2015 – Description: Client was accused of breaking into cars and stealing various items. Outcome: After extensive negotiations with the DA, client was able to pay restitution, complete program, and have the case dismissed and file sealed.