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Weaver Sentenced to 4 years in Prison

Dempsey family in the courtroom for Sentencing

Mono County District attorney press release

On September 21, 2015, in the Mammoth Lakes courthouse, Edgar Lee Weaver, Jr. was sentenced for a violation of Gross Vehicular Manslaughter While Intoxicated for the killing of Rebecca Dempsey, 21, of England. The case was handled by Assistant District Attorney Dave Anderson who argued that Mr. Weaver should spend the maximum sentence allowed by law of 6 years in prison for the offense. After the court weighed all the evidence and considered the parties arguments, the court sentenced Mr. Weaver to four years in state prison.

Ms. Dempsey was killed on October 6, 2014 in Mammoth Lakes after accepting an invitation from Mr. Weaver to ride as a passenger on his motorcycle. Mr. Weaver lost control of his motorcycle on Meridian Blvd just before the Meadowridge Condos. Mr. Weaver had a blood alcohol level of .22 and a speed investigation concluded he was driving at a minimum of 76 mph in a posted 40 mph zone when he lost control going into a sharp curve. Ms. Dempsey was pronounced dead upon arrival at Mammoth Hospital.

Ms. Dempsey arrived in Mammoth a few months earlier on a work visa after graduating from a university in England in May 2014. She was scheduled to return home the following week.

Ms. Dempsey’s mother, father, sister, and aunt traveled from England to be present at sentencing and spoke to their difficulty in the past year. Additionally, a number of Ms. Dempsey’s friends made the trip from all over California to show their support. Ms. Dempsey’s mother, Karen, also thanked the Mammoth community for the overwhelming support shown to them and their daughter.

Mr. Weaver was remanded into the custody of the Mono County Sheriff for transport to the California Department of Corrections.

weaver jf
Edgar Lee Weaver, Jr. Photo by Mono County Sheriffs Department
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Mono Drug Take Back Day

Mono Drug Take Back September 26th

The Mono County District Attorney’s office is taking back unwanted prescription drugs September 26th.  Several Mono County sites will be participating, including the Walker General Store, Bridgeport Fire Department, June Lake Fire Department, Vons in Mammoth Lakes, and the Crowley Community Center.

From Mono County District Attorney Tim Kendall:

On September 26 from 10 a.m. to 2 p.m. the Mono County District Attorney’s Office and the Drug Enforcement Administration (DEA) will give the public its tenth opportunity in five years to prevent pill abuse and theft by ridding their homes of potentially dangerous expired, unused, and unwanted prescription drugs. Bring your pills for disposal to any of the sites listed above. (The District Attorney cannot accept liquids, needles or sharp objects, only pills or patches.) The service is free and anonymous, no questions asked.

Last September, Americans turned in 309 tons (over 617,000 pounds) of prescription drugs at nearly 5,500 sites operated by the DEA and more than 4,000 of its state and local law enforcement partners. When those results are combined with what was collected in its eight previous Take Back events, DEA and its partners have taken in over 4.8 million pounds, more than 2,400 tons of pills. Last year alone, the Mono County District Attorney collected a total of 32 pounds of unwanted prescription drugs at its various locations throughout Mono County. These were prescription drugs that could potentially make their way into our community and schools.

This initiative addresses a vital public safety and public health issue. Medicines that languish in home cabinets are highly susceptible to diversion, misuse, and abuse. Rates of prescription drug abuse in the U.S. are alarmingly high, as are the number of accidental poisonings and overdoses due to these drugs. Studies show that a majority of abused prescription drugs are obtained from family and friends, including from the home medicine cabinet. In addition, Americans are now advised that their usual methods for disposing of unused medicines—flushing them down the toilet or throwing them in the trash—both pose potential safety and health hazards.

For more information about the disposal of prescription drugs or about the September 26 Take Back Day event, go to the DEA Office of Diversion Control site or call the Mono County District Attorney.

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Marijuana Grow Located

Large Marijuana Grow cleared

From Mono County District Attorney Tim Kendall.

On June 1, 2015 the Mono County DA’s Office conducted flight operations in accordance with the Drug Enforcement Administration’s marijuana eradication program. The purpose of the program is to locate large scale outdoor marijuana grows on public lands within Mono County. These flight operations resulted in the detection of several marijuana grows in rugged and remote locations in the southern Mono County area. The grow sites were very large in size and ran up to approximately seven miles in length.

As a result the Mono County DA’s Office, with the assistance of the Forest Service, initiated a two month investigation. The investigation was also aided with the assistance of the Inyo County District Attorney’s Office and the Inyo County Sheriff’s Department since some of the marijuana grows crossed over into Inyo County.

During the investigation, it was determined that the largest grow, which was located in Mono County, was typical of grows commonly operated by Mexican Drug Trade Organizations. Along with those characteristics, several Hispanic males were identified and were seen tending to the garden armed with rifles.

On August 11, 2015 Investigators with the Mono District Attorney’s Office, assisted by Inyo County District Attorney’s Office, Forrest Service, Bureau of Land Management, National Guard and the Inyo County Sheriff’s Department, conducted a raid operation to arrest and detain any gardeners found in the site.

Due to unknown reasons, it was determined that the persons responsible for tending to the garden had fled, leaving the garden unattended. The heavy late July rains appeared to have damaged the marijuana plants within the garden and therefore that is suspected to be the reason that the garden was abandoned.

During eradication and reclamation efforts approximately 40,000 marijuana plants with a conservative street value of well over $2 million dollars were located and destroyed from this site. During reclamation efforts a total of 4,401 pounds of trash was removed. Some of that consisted of 10.82 miles of irrigation hose and 550 pounds of fertilizer.

Marijuana photo 2

Numerous other illegal and highly toxic pesticides were found being used in the garden and Hazmat crews later responded to recovered and removed those pesticides.
Large scale marijuana gardens on public lands creates a danger to the public and to our recreational users of these lands. Unfortunately, hunters, hikers and others that come across these types of gardens and the individuals who attend these gardens put themselves in great danger. Along with the public danger there are also serious environmental impacts that these marijuana gardens create. If you ever encounter a marijuana garden you should quickly and quietly remove yourself from the area. Do not continue on your path and do not make contact with anyone in the area. Immediately call the Mono County District Attorney or any other law enforcement agency as soon as you possibly can.

photos provided by the Mono County District Attorney

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Xochimitl Sentenced in Mono Court

Jacinto Xochimitl Sentenced Tuesday in Mono Court

MONO COUNTY DISTRICT ATTORNEY’S OFFICIAL PRESS RELEASE

International Fugitive Sentenced 30 years to Life

On January 6, 2014, an Investigator from the Mono County District Attorney’s Office, assisted by the Sacramento branch of the FBI traveled to Mexico City to transport a fugitive back to Mono County to face charges for repeatedly and forcibly raping a child while she was between the ages of five and twelve.

On February 17, 2015, Jacinto Flores Xochimitl pled guilty to two counts of rape of a child under 14. The defendant entered into a negotiated disposition with the District Attorney whereby Mr. Xochimitl was sentenced to the maximum penalty of 30 years to life in state prison. He will be approximately 87 years old before eligible for a parole hearing.

Mr. Xochimitl was being housed in the Mono County Jail since his return to the United States from Mexico under an extradition treaty. Mr. Xochimitl admitted that from 1997 until 2004, he raped his former girlfriend’s daughter multiple times between the ages of five and twelve.

The Mono County District Attorney has been working with the FBI, the US Attorney General’s Office, Department of Homeland Security and Interpol over the last decade to locate and extradite Mr. Xochimitl. During the later part of 2011 and early 2012, the FBI and FBI Legal Attache office in Mexico confirmed the location of the suspect and in July of 2012, the Mono County District Attorney formally requested the extradition of Mr. Xochimitl from Mexico.
Mr. Xochimitl was arrested in Puebla, Mexico by Interpol on January 14, 2014. After unsuccessfully appealing extradition to the United States, the Government of Mexico affirmed the extradition on September 19, 2014. Mr. Xochimitl was transported to the United States on January 6, 2015.

At sentencing, Mr. Xochimitl expressed remorse for his actions and hoped the victim would be able to forgive him someday. The victim tearfully expressed the anger, hatred and emotional damage that his actions have caused her. The victim finished her impact statement by telling Mr. Xochimitl, “now it’s your turn to rot in prison.”

The number one priority of the District Attorney is the investigation and prosecution of those who commit acts of sexual, physical, or emotional abuse of children. Children are often abused by people who are entrusted with protecting them and these crimes leave lifelong scars and trauma on these young victims. People who prey on children are some of the most despicable individuals in society. The District Attorney is dedicated to the protection of our children and has devoted the resources needed to effectively investigate and prosecute individuals who prey on children.

Over the past five years, the District Attorney has sentenced individuals to a cumulative of over 450 years in imprisonment for their crimes against children. It is because of the damage to victims that these crimes cause that the District Attorney refused to negotiate in Mr. Xochimitl’s case and forced him to accept the maximum punishment allowed under California law. Further, these principals were paramount in the reason Mr. Xochimitl was so vigorously sought for over a decade even after fleeing the country.

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Fugitive returned to Mono

International Fugitive Brought Back to Mono County after 11 Years on the Run

On January 6, 2014, an Investigator from the Mono County District Attorney’s Office, assisted by the Sacramento branch of the FBI traveled to Mexico City to transport a fugitive back to Mono County to face charges for repeatedly and forcibly raping a child while she was between the ages of five and twelve.
Jacinto Flores Xochimitl, a citizen of Mexico, was sought for questioning in 2004 by the Mammoth Lakes Police Department after being accused of forcible rape of a child. On the same day, Mr. Xochimitl fled Mammoth Lakes and boarded a flight to Mexico where he has been in hiding ever since.
The Mono County District Attorney’s Office has been working with the FBI, the US Attorney General’s Office, Department of Homeland Security and Interpol over the last decade to locate and extradite Mr. Xochimitl. During the later part of 2011 and early 2012, the FBI and FBI Legal Attache office in Mexico confirmed the location of the suspect and in July of 2012, the Mono County District Attorney formally requested the extradition of Mr. Xochimitl from Mexico.
Mr. Xochimitl was arrested in Puebla, Mexico by Interpol on January 14, 2014. After unsuccessfully appealing extradition to the United States, the Government of Mexico affirmed the extradition on September 19, 2014. Mr. Xochimitl was transported to the United States on January 6, 2015 and booked into the Mono County Jail in the early hours of January 7.
Mr. Xochimitl is scheduled to be arraigned in Bridgeport on January 13, 2015. He faces 30 years to life in state prison if convicted.

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