![]() ![]() ![]() ![]() A parolee wanted on suspicion of abducting a 10-year-old girl from her Los Angeles home was arrested in a remote Mexican village at a rehab clinic where he had checked in under an alias, Baja police said Wednesday. Tobias Summers was arrested at La Mision clinic in the village of Las Missiones, south of Rosarito near Ensenada, said Alfredo Arenas of the Baja California State Police. The FBI alerted Mexican police to the suspect's possible location on Tuesday evening, Arenas said. Police visited the clinic and were able to identify Summers by a 'Superman' tattoo on his chest, Arenas said. He was arrested Wednesday morning and was en route to Los Angeles, LAPD Chief Charlie Beck said at a news conference. Summers was named as a suspect after the girl was taken from her home in the Northridge neighborhood of L.A. The night of during what police said was a botched burglary. The girl was found — barefoot, scratched and bruised — some 12 hours after her disappearance, at a Woodland Hills coffee shop. Kidnapping Victim Rescued Following Standoff - Los Angeles, CA - A Los Angeles man allegedly kidnapped a woman at gunpoint, but police were able to stop him from. She described her assailants and said she had been taken to multiple locations during her ordeal. A second suspect, 29-year-old Daniel Martinez, was arrested several days after the kidnapping. Charged with one count each of kidnapping and burglary, Martinez was considered a secondary suspect after allegedly driving a getaway car a short distance before getting out, according to county allegations. Summers, meanwhile, was charged by Los Angeles County prosecutors on April 3 with 37 felony counts -- one of kidnapping a child, one of burglary, one of kidnapping to commit another crime, and 34 counts related to sexual assault against the kidnapping victim. In addition to the state charges, Summers faces federal charges of unlawful flight to avoid prosecution, according to a complaint filed in federal court on April 11. The court document () provides a chronology of the days after the kidnapping happened. A joint FBI/LAPD fugitive task force learned that the suspect may have fled to San Diego on March 31. The next day, police and agents interviewed a friend who told them Summers was thinking about going to Mexico. Within several hours of police announcing Summers as their primary suspect in the case, still photos captured the suspect entering Tecate, Mexico, on March 30, court papers said. A warrant was issued for his arrest on April 3. Summers was released from prison in July 2012 under California's Assembly Bill 109, an initiative aimed at easing prison overcrowding and was on 'post-supervised release,' according to police. He previously served three prison terms, has a history of substance addiction and allegedly has been active in a San Fernando Valley white supremacist gang. Los Angeles Kidnapping Attorney Facing kidnapping charges? Kidnapping occurs when a person takes, holds, or detains another person by force or fear and moves that person to another place against his or her will. Kidnapping is one of the most serious crimes for which you or a loved one may be charged in California. It counts as a 'Strike' under the California and conviction can lead to life in prison without the possibility of parole (LWOP). Prosecutors take these cases very seriously and people who have been charged should take their defense just as seriously. If you have been charged with or are under investigation for kidnapping, you must speak to an experienced Los Angeles criminal defense lawyer at our firm before answering any questions from law enforcement. They are not on your side and the responses you provide to their questions may lead to your future conviction! Contact Stephen G. Rodriguez & Partners to learn about the criminal justice system and the legal options available to you. Kidnapping Law in California California kidnapping laws are primarily contained in Penal Code Sections 207, 208, 209, 209.5 and 278. Each Code section refers to a different type of kidnapping. For example: • Simple Kidnapping (Penal Code 207) is defined as forcibly or by any other means of instilling fear, stealing or taking or holding, detaining or arresting any person and carrying the person into another county, state or country or into another part of the same county. Simple kidnapping is a felony. • Aggravated Kidnapping (Penal Code 209) can refer to a number of different kidnapping situations, including kidnapping for ransom, reward or extortion; and kidnapping to commit a. Aggravated kidnapping is a felony. • Kidnapping During a Carjacking (Penal Code 209.5) can be charged when a person is kidnapped during the commission of a carjacking and in order to facilitate the carjacking. Kidnapping during a carjacking is a felony. • Extortion by Posing as a Kidnapper (Penal Code 210) can be charged when a person pretends to be a kidnapper or pretends to have some ability to obtain the release of a kidnapped person for the purpose of extorting money or something else of value. By posing as a kidnapper is a felony. • Parental Kidnapping (Penal Code 278) can be charged when a person, not having a right to custody, maliciously takes, entices away, keeps, withholds, or conceals any child with the intent to detain or conceal that child from a lawful custodian. Parental kidnappings are 'wobbler' crimes, meaning they can be charged as either. Under the Kidnapping law, force is defined as the actual use of physical force or threat of imminent physical harm. Fear does not necessarily mean being afraid. It is the state of mind where the victim reasonably believes that if he or she does not comply with the suspect's demands, the victim will suffer some physical harm. Movement under the law refers to 'substantial' as opposed to trivial or slight movement. There is no specific distance required for kidnapping. The movement must be under coercion. Kidnapping Penalties The severity of penalties associated with kidnapping convictions vary depending on the circumstances. In most cases, kidnapping is a 'Strike' under California's Three Strikes Law, as well as a violent felony. Therefore, the defendant must serve at least 85% of the sentence before being eligible for release. If the defendant is subsequently charged with any felony, the sentence for that new offense will be doubled as a result of the prior kidnapping Strike conviction. After two Strikes, a third felony conviction, or Strike, could result in a sentence of 25 years to life in state prison. Following are specific penalties for kidnapping convictions: • Simple Kidnapping is punishable by three (3), five (5) or eight (8) years in state prison. If the victim is under fourteen (14) years of age at the time of the crime, the kidnapping is punishable by five (5), eight (8) or eleven (11) years in state prison. • Aggravated Kidnapping (ransom/reward/robbery/extortion) is punishable by life in state prison with the possibility of parole. If the victim suffers bodily harm or death as a result of kidnapping, then the punishment is life in prison without the possibility of parole (LWOP). • Extortion by Posing as a Kidnapper is punishable by two (2), three (3) or four (4) years in state prison. • Kidnapping During Carjacking is punishable by imprisonment in state prison for life with the possibility of parole. • Parental Kidnapping (child stealing) is punishable by imprisonment in a county jail not exceeding one (1) year or if charged as a felony, by imprisonment in state prison for two (2), three (3) or four (4) years. Kidnapping Defenses Many defenses are often possible in kidnapping cases; the most commonly used are defenses of Consent and Lack of Intent. The burden is on the prosecutor to prove that the victim did not consent and that the defendant intended to move or take the victim even though consent was not given. If the prosecution cannot prove these facts beyond a reasonable doubt, then the defendant is not guilty of kidnapping. Other defenses that can be used include: • Insufficient evidence • Mistaken identity • Lack of physical evidence • Showing that the person is legally entrusted with the custody of the kidnapped person • Proving that parents separated without a legal decree. If so, one may take a child from the other, even by deception or trickery, without committing kidnapping. Kidnapping Lawyer in Los Angeles Attorneys at our firm, with a combined experience of 70 years, understand the criminal justice system very well and the strategy employed by the prosecutors to obtain a conviction. If there are any errors in their case against you, we will do all that is possible to expose the mistakes and turn them to your advantage. Our first objective is to discover all of the facts that could be used in the dismissal of kidnapping charges against you. Failing that, and if the prosecutor's case is strong, we may be able to negotiate a plea bargain to get the kidnapping charge reduced to a less serious charge.
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