That’s wholly subjective on my part, but I doubt I’m alone. Which is why I was far from surprised at the outrage that accompanied two recent, successful parole hearings for convicted serial child predators in Sacramento.

Gregory Lee Vogelsang, 57, and David Funston, 64, both attacked children and were granted parole through California’s elderly parole program — though both remain behind bars for now.

But the fury over the possibility of their freedom has put the state’s controversial elderly parole program under scrutiny — again — and led to a flurry of legislation to add new restrictions. Should sex offenders be excluded? Especially heinous murderers? Everyone under the age of 75?

It’s easy to answer “yes” to all of the above.

“Part of the problem we have is we shouldn’t be making policy decisions based on speculation and on scary rhetoric that’s disconnected from the facts,” Keith Wattley told me. He’s the founder and director of UnCommon Law, a nonprofit that provides legal services and parole advocacy.

“That’s how politicians make people afraid, but it shouldn’t be how we make law,” he said.

And he’s right, as grotesque as these headline-grabbing cases are. In 2024, there were 3,580 elderly parole hearings and 606 people were granted that relief. Most have remained law-abiding. In the 2019-20 year, the most recent recidivism statistics available from CDCR, 221 people were granted elderly parole. Within three years, only four had been convicted of new crimes, and only one of those was a felony for a crime against a person. That tracks with lots of data that shows men generally age out of violent crimes.

But Funston and Vogelsang are the worst of what we fear when we talk about parole, and their cases rightfully make us wonder what the heck the parole board is doing. Though Gov. Gavin Newsom sent both of these decisions back for review, it’s easy to imagine the attack ads should he run for president: Under Newsom’s watch, child rapists walked free.

“Elder parole has gone too far,” Thien Ho, the Sacramento district attorney whose office prosecuted both men, told me. “I support the opportunity of people to be rehabilitated. But I think that certain individuals, in my opinion, and in my experience, cannot be rehabilitated.”

Here’s where I’m going to make a lot of folks mad on both sides of this issue. I agree with Ho, but also, I agree with Wattley. I don’t think we can pass laws based on our grimmest view of humanity. Removing hope from the system turns our prisons into dungeons and does not ultimately serve public safety.

But then, neither does releasing child molesters into our communities.

Lost in all the wrath about these two cases is the difficult business of justice that led to the early release law in 2014, and any interest in the hard and nuanced conversation that we need to have around terrible crimes. It’s easy and popular to say no violent criminal should ever be released, but we can’t just lock up everyone with no possibility of ever getting out because the “R” in CDCR stands for “rehabilitation,” and also — we just can’t afford the forever scenario, morally or fiscally.

California tried the throw-away-the-key model in the 1980s and ‘90s and ended up with prisons so overcrowded that the federal courts stepped in. The original elderly parole effort came through a 2014 court decision on overcrowding that gave inmates 60 or older who had served at least 25 years a chance to go before the parole board. A chance — no guaranteed freedom, and usually it takes multiple hearings years apart before the board approves it.

Later, the Legislature expanded elderly parole to inmates 50 or older who had served 20 years, but excluded those sentenced under the “three strikes” law or those who had murdered peace officers.

The reality is California has a lot of old, aging and sick people behind bars — at great expense. As we grapple with the idea of universal healthcare, there’s one place in California where it already exists — our prisons and jails. We currently pay more than $41,000 in healthcare costs per inmate per year, according to the Legislative Analyst’s Office.

I’m not going to tell you it’s the best healthcare, but it’s taxpayer-funded, and includes even long-term dementia care. And yes, we do have incarcerated dementia patients.

“This is about reducing our prison population and our liability to cover housing and healthcare for an aging prison population, and we have to balance that with the safety of the community and the rights of victims,” state Assemblymember Maggy Krell (D-Sacramento) told me. She’s sponsoring a bill that would create an additional layer of safety around sex crimes by referring these possible parolees to the civil system that evaluates sexually violent predators for confinement in mental facilities after their prison terms.

“Under some circumstances, it is worth considering paroling some of these defendants,” she said, with the kind of thoughtful rationality sure to offend many. “But the cases that you’re seeing right now are completely egregious, and those defendants should not be released.”

Vogelsang was convicted of almost 30 counts of kidnapping and sex crimes, against kids as young as 5. He’s served 27 years of a 355-year sentence.

David Allen Funston was convicted in 1999 of 16 counts of kidnapping and child molestation for kids as young as toddlers. He was sentenced to three consecutive 25-to-life prison sentences. Newsom bounced his first successful parole bid back to the parole board for a review, and on Feb. 18, it affirmed its decision.

But Placer County prosecutors quickly charged him with an old crime that had never been filed due to the Sacramento case, and he remains incarcerated awaiting trial on those charges.

Vogelsang’s case particularly raised a red flag for me. He told the parole board he’s been working successfully for about five years to control his thoughts about children.

“I don’t want to become aroused, but I know it’s always going to be there,” he said during the hearing.

Newsom also sent Vogelsang’s case back for review, and he will go before the board again on March 18. Vogelsang’s testimony was concerning enough that if I had a vote in this, I’d probably ask him to come back again in a few years, but we’ll see what the board does.

I’ll admit my decision would be emotional, and these cases do make me wonder. But Wattley is right that condemning elderly parole based on the monstrous deeds of these child predators is shortsighted. There is likely little to no public safety benefit in raising the overall age for elderly parole, and certainly no fiscal benefit.

“When you’re paying for older, sicker people to be incarcerated, and they don’t pose a risk to public safety, what are we actually getting for that? We’re not getting anything that supports survivors. We’re not getting anything that prevents crime. We’re just spending taxpayer dollars on something that doesn’t correlate with the public safety risk,” Wattley pointed out.

As hard as it is to wrap our minds around, it’s best for public safety to allow even the worst of the worst their chance in front of the parole board. It may even make sense for some who have committed truly terrible crimes decades ago to be released, if there is strong evidence of change and a low risk to public safety. That’s the kind of fair and realistic justice that no one on either side of the issue wants to talk about.

I’m not convinced Vogelsang and Funston have met those bars. But that doesn’t mean we should throw out the bars.

The post Should child rapists be released just because they’re old? Maybe appeared first on The Hemet & San Jacinto Chronicle.

A Riverside jury deliberated nearly two days before finding Steven Daniel Carrillo, 24, of Riverside guilty of killing Derrion Thomas of Rialto in 2020.

Along with the murder count, jurors convicted Carrillo of attempted murder, special-circumstance allegations of killing for the benefit of a criminal street gang and perpetrating a hate crime, as well as sentence-enhancing gun and great bodily injury allegations.

They acquitted him of one attempted murder charge.

Jurors started deliberations Wednesday morning, after the prosecution and defense delivered closing arguments Tuesday afternoon. The panel announced it had reached a verdict late Thursday afternoon.

Riverside County Superior Court Judge Jerry Yang scheduled a sentencing hearing for June 28 at the Riverside Hall of Justice. Carrillo, who is being held without bail at the Robert Presley Jail, is facing life in prison without the possibility of parole.

The defendant is a documented member of Riverside’s oldest street gang, prevalent in the area along the University Avenue corridor, authorities said.

In late October 2020, Carrillo was staying with fellow gang members in a room at the Motel 6 near the intersection of Iowa and University avenues, according to briefs filed by the District Attorney’s Office and the defense.

Staying in a room nearby were Sharon Mayweather, Isaiah Smith and Thomas, all related. On Oct. 24, Mayweather was released from the downtown Riverside jail, where she had been held for unspecified reasons, and she became intoxicated at the motel, according to court papers.

“She was hanging around Mr. Carrillo’s (black Jaguar) in the parking lot, and he told her to get away from his vehicle,” according to the defense.

There was a hostile exchange before she returned to her room.

Two days later, on the night of Oct. 26, Thomas and Smith were preparing to drive in the latter’s Saturn sedan to pick up food, and Mayweather was trailing behind when she encountered Carrillo in his car, leading to another confrontation, during which she told Smith and Thomas the defendant had threatened her. They doubted her claims and “ushered” her into the car, the defense said.

Prosecutors said the defendant was incensed, possibly because he had been publicly challenged by a woman in front of three juvenile gang members.

Although his Jaguar had been pointed in the direction opposite to where the victims were going, he turned around and pursued them eastbound on University, according to the prosecution’s brief.

Court papers state the victims tried to avoid further contact, racing through traffic lights until they reached the left turn lane to go into the Food4Less grocery store parking lot at University and Chicago avenues. Carrillo pulled alongside and shouted profanity-laced challenges, at which point Thomas pulled a semiautomatic handgun and “fired up to 11 rounds at Mr. Carrillo,” the defense said.

The Jaguar’s driver’s side window was blown out, but Carrillo and the youths with him were not hit. Smith tried to pull his own pistol out of his front pocket, but the trigger caught on his pants, and he shot himself in the right thigh, according to court documents.

Carrillo pulled his own 9mm pistol and fired into the Saturn, striking Thomas twice, including a fatal wound to the chest, according to the prosecution. Smith tried to flee when the shots were fired but crashed into a traffic sign. He stumbled out of the car and hobbled away to get help.

Mayweather was not injured. Thomas stepped out of the car and collapsed.

Carrillo fled the scene.

Thomas was taken to Riverside Community Hospital, where he was pronounced dead on arrival. Smith underwent surgery to his leg and fully recovered.

Relying on security surveillance video from the motel and businesses along University, Riverside police detectives were able to identify the perpetrator, and an arrest warrant was served on him without incident two weeks later at a residence in the 2300 block of Candlestick Way in Perris.

Investigators seized his journal, in which he “bragged about the shooting,” according to the prosecution’s brief, which said he referred to the victims as “snails” and wrote that “there is a sort of war” between groups.

“The defendant noted he was proud he was able to show the little homies how to gang bang,” the brief said.

The defense blamed Mayweather for provoking the altercation, additionally asserting Carrillo was not the one who initiated violence that night.

The post Car-to-car shooting in Riverside leads to gang member’s murder conviction appeared first on The Hemet & San Jacinto Chronicle.

SAN JACINTO, CA — A man accused of gunning down a 31-year-old San Jacinto woman and trying to kill her companion in a premeditated attack nearly seven years ago pleaded not guilty Friday to first-degree murder and other charges.

Daniel Antonio Cortez Acevedo, 27, of San Jacinto allegedly killed Anna Meza for undisclosed reasons in 2017.

Along with murder, Acevedo is charged with attempted murder, a special-circumstance allegation of lying in wait and sentence-enhancing gun and great bodily injury allegations.

The defendant was arraigned before Riverside County Superior Court Judge Francisco Navarro, who scheduled a felony settlement conference for June 7 at the Banning Justice Center.

Acevedo is being held on $1 million bail at the Robert Presley Jail in Riverside.

Sheriff’s Sgt. Jesse Martinez said the identity of Meza’s alleged killer required a “lengthy investigation” by Central Homicide Unit detectives.

The victim was walking with a man identified in court documents only as “J.M.” in the 100 block of North Dillon Avenue, near Main Street, on the afternoon of Nov. 12, 2017, when Acevedo allegedly approached them and pulled a .38-caliber semiautomatic pistol, opening fire, according to investigators and prosecutors.

Meza was shot to death in the street. J.M. was not wounded.

The assailant, then unknown, fled the scene.

Investigators initially had little information on the circumstances and asked for the public’s assistance, but few clues surfaced.

Martinez did not disclose what detectives uncovered that finally led them to Acevedo, or why he allegedly targeted the victims.

He was taken into custody without incident following a traffic stop in San Jacinto on April 12.

Court records show the defendant has a prior misdemeanor conviction for unlawful possession of a firearm.

The post RivCo Cold Case: Suspected Killer Answers Charges 6 Years Later appeared first on The Hemet & San Jacinto Chronicle.

RIVERSIDE, CA — An unlicensed driver who backed into a California Highway Patrol motorcycle officer during a traffic stop, injuring the lawman, pleaded guilty Monday to assault on a peace officer with a deadly weapon and other charges.

Prudencio Xajil Alvarado, 57, admitted the assault count, along with DUI resulting in great bodily injury and being an unlicensed operator of a motor vehicle, as part of a plea directly to Riverside County Superior Court Judge Thomas Kelly, without input or objection from the District Attorney’s Office.

Kelly did not specify a potential term of imprisonment. He scheduled Alvarado’s sentencing for July 10 at the Riverside Hall of Justice.

The defendant remains free on $35,000 bail.

According to CHP Officer Javier Navarro, about 9:30 a.m. Oct. 18, 2022, the victim, identified only as a motor officer from the agency’s Riverside office, spotted the defendant’s Nissan Maxima on Indiana Avenue, just south of the Riverside (91) Freeway, and observed an unspecified infraction, prompting the lawman to conduct an enforcement stop.

Alvarado complied, pulling over to the curb, and the motor unit stopped a short distance behind him, Navarro said.

“As the officer began to dismount his motorcycle to contact the driver, Alvarado placed the Nissan into reverse and accelerated toward the officer,” the CHP spokesman said. “The Nissan collided into the motorcycle, disabling it and subsequently causing minor injuries to the officer.”

The lawman immediately arrested the defendant without further incident.

“Alvarado displayed objective signs and symptoms of alcohol intoxication,” Navarro said.

The officer was treated for his injuries but not hospitalized. The defendant was not hurt.

Alvarado has no documented prior felony or misdemeanor convictions in Riverside County.

The post Unlicensed RivCo Driver Admits Guilt In Striking CHP Officer appeared first on The Hemet & San Jacinto Chronicle.