District Attorney stops $9 million in real estate scams

The San Luis Obispo County District Attorney’s Office Real Estate Fraud Unit has been investigating the scam and working closely with real estate professionals to protect land owners from falling prey. 

 The scheme involves thieves pretending to be property owners and contacting real estate agents and trying to sell land they do not own. You can read our previous press release detailing the fraud here: District Attorney urges Real Estate professionals to be on alert for criminal fraud by thieves pretending to be property owners

To date, District Attorney Investigators have successfully thwarted nearly $9 million in fraudulent real estate sales within our county. Continuing this effort, the District Attorney’s Office is poised to launch a focused letter campaign warning owners of unencumbered undeveloped land within San Luis Obispo County and providing information on how to monitor and protect these properties.

Owners of undeveloped lots that do not have any encumbrances are encouraged to check their property address using a trusted real estate website such as Zillow or MLS (Multiple Listing Service) to determine if their property has been fraudulently listed for sale. Additionally, owners may conduct a property title search using the County Clerk-Recorder website official record search.

If you discover that your property has been fraudulently listed for sale or sold, contact District Attorney Senior Investigator Eric Vitale immediately at (805) 781-5868 or by email at evitale@co.slo.ca.us.

Thieves pretending to be property owners plague local real estate

San Luis Obispo County is still experiencing an increase of incidents where persons suspected of being part of an organized crime group are impersonating the owners of undeveloped land and attempting to sell them.

District Attorney Dan Dow urges all real estate professionals and undeveloped land owners to beware a new real estate scam that has been on the rise in San Luis Obispo County and neighboring counties. The impersonators are contacting local real estate agents as well as real estate agents from outside of San Luis Obispo County.

The District Attorney’s Office is aggressively working with all local real estate associations, title companies and the Office of the County Recorder. If you own an undeveloped lot within San Luis Obispo County, you are encouraged to routinely conduct an internet search to determine if your property is being listed for sale. Simply type in your property address, which will reveal several real estate marketing websites. Click on the on link and it will state whether or not the property is currently being marketed for sale.

DA settles civil lawsuit with San Simeon Community Services District’s private-party manager and operator

The San Luis Obispo County District Attorney settled a conflict of interest lawsuit against the private manager of the San Simeon Community Services District.

The contract with Grace Environmental Services to provide both management and operations was found to create an unlawful financial conflict of interest under the laws of California. The District Attorney filed a civil complaint against Charles Grace and Grace Environmental Services, LLC on September 28, 2021. 

The settlement and resulting judicial order have resolved the lawsuit filed by the District Attorney on September 28, 2021 that alleged nine violations of the Unfair Competition Law (UCL) and False Advertising Law (FAL) based on facts concerning the contract between GES and the San Simeon Community Services District (District). This settlement was the result of a day-long mediation held on May 26, 2023.

Parole release reversed by governor for woman who killed CHP officer in Paso Robles

Governor Gavin Newsom reversed the parole release of a woman who killed a California Highway Patrol officer while speeding and high on methamphetamine in 2010.

Officer Brett Oswald was tending to a disabled vehicle in Paso Robles when he was struck and killed by Kaylee Ann Weisenberg.

After a parole board authorized her release in 2022, District Attorney Dan Dow urged the governor to reverse the decision to release Weisenberg on parole because the District Attorney believed that Ms. Weisenberg still remains a dangerous threat to public safety.

"I am grateful for Governor Newsom’s decision to reverse the Board of Parole Hearings’ decision,” said District Attorney Dan Dow. “We agree with the Governor’s conclusion that Weisenberg currently poses an unreasonable danger to society if released from prison at this time.”

The Governor's letter announcing the reversal may be viewed here.

On August 5, 2011, Weisenberg was convicted by jury of second-degree murder and gross vehicular manslaughter while intoxicated for her June 2010 killing of California Highway Patrol Officer Brett Oswald (48). In April 2012 she was sentenced to serve 15 years to life in state prison. At the time of her sentence, individuals convicted of murder received no “good time” credits. Meaning, Weisenberg was required to serve every day of 15 years prior to even being considered for parole. 

In 2016 Proposition 57 was passed which provides individuals convicted of violent crimes, such a murder, up to a 1/3, or 33%, reduction in their sentence. As a result, the Board of Parole Hearings granted Weisenberg release on parole after she only served 12 years for her murder conviction. 

However, Governor Newsom has reversed the grant of parole. Weisenberg will be eligible for another hearing for parole consideration at a future date.

For a summary of the California Department of Corrections and Rehabilitation life-inmate parole suitability review process click here. 

Morro Bay double murder suspect convicted

After more than two decades since the gruesome crime took place, a jury has finally convicted a man for the double-murder of 11-year-old Jerry Rios and his 37-year-old uncle, Stephen Wells, at Morro Strand State Beach in July 2001.

Stephen Deflaun was found guilty of fatally shooting both victims after an argument broke out over a campsite.

In addition to the murders, Deflaun also shot at a park ranger, an act for which he was found guilty as well. It is worth noting that Deflaun had been diagnosed with paranoid schizophrenia and failed every competency hearing for three years following the tragic incident.

In 2004, a judge committed Deflaun to the Atascadero State Hospital, and a conclusion was reached the same year that he was incompetent to stand trial. 

However, this ruling was overturned in December 2021, and he was subsequently held in the San Luis Obispo County Jail until the commencement of his trial, according to the County Sheriff's Office website.

The trial's sanity phase is set to begin on Thursday.

District Attorney appoints director of Victim Witness Assistance Center

After the conclusion of a nationwide recruitment, District Attorney Dan Dow has announced the selection of Jessica Yates as the Director of the Christopher G. Money Victim Witness Assistance Center. 

 Established in 1977 as one of only two centers at the time in California, the Victim Witness Assistance Center serves all victims of crime who reside in San Luis Obispo County.

The director oversees a staff of 21 personnel including interns, victim advocates, witness coordinators, claims representatives, and support staff. The assistance center staff collectively assists between 10,000 to 14,000 crime victims annually including those who are victims of physical violence, theft, and property crimes.

Paso Robles man sentenced to 6 years in rape of Mid-State Fair teen

A man who raped an intoxicated teenager who wandered away from the Mid-State Fair last summer was sentenced to six years in prison.

District Attorney Dan Dow said that Jose Francis Hernandezgarcia of Paso Robles has been convicted by his plea and sentenced to serve six years in state prison.

The crime occurred at night in a residential neighborhood near the Paso Robles Event Center where the teenage victim had attended the California Mid-State Fair with her friends. The victim was alone, separated from her friends without her phone or wallet and was crying and worried about how to get home. 

The 26-year-old man observed the teenager was intoxicated and crying and spoke to her before he then brought her inside his home instead of offering to help get her home safely or to find her friends. Hernandezgarcia then raped the victim when she was in a state of intoxication, unaware of what was happening to her, and unable to resist his assault.

“This crime of rape was a violent act, even though California law does not classify rape of an intoxicated victim as a violent crime and therefore the law, under Prop 57, allows them to be released early from prison as ‘non-violent’ offenders,” said District Attorney Dan Dow. “Our criminal and victim justice system should equally seek justice for victims and not just for the criminal offenders and that is why I urge our legislators to pass AB 229 that will finally classify ALL rape as a violent crime.”

Los Osos woman gets six years prison for second DUI

A Los Osos woman who struck and killed a bicyclist in 2018 was sentenced to six years in state prison after she was involved in another DUI accident Halloween night in 2021.

District Attorney Dan Dow said that Gianna Catherine Brencola was sentenced as the result of her guilty plea to the charge and admission to having been earlier convicted of vehicular manslaughter while intoxicated in 2018.

The most recent incident occurred on Halloween evening, October 31, 2021, in Morro Bay. During the incident, Brencola (23) struck four parked cars in the 700 block of the Embarcadero while driving with a blood alcohol level exceeding .30 percent; more than three times the legal limit for driving which is .08 percent. 

Intoxicated woman who killed CHP officer granted parole

An intoxicated driver who killed a San Luis Obispo CHP officer in a crash two years ago was granted parole this week by state officials over objections on District Attorney Dan Dow and the officer's family.

Rehabilitation Parole Board granted parole to Kaylee Ann Weisenberg, 35. In August of 2011 Weisenberg was convicted of second-degree murder and gross vehicular manslaughter while intoxicated for her June 2010 killing of California Highway Patrol Officer Brett Oswald (48). She was sentenced in April 2012 to serve 15 years to life in state prison.

On June 27, 2010, Weisenberg, while heavily under the influence of methamphetamine and speeding, lost control of her vehicle and crossed a set of double yellow lines striking and killing California Highway Patrol Officer Brett Oswald who was attending to a disabled vehicle. The deadly collision occurred on South River Road in the rural north end of San Luis Obispo County.

Los Osos woman who killed cyclist pleads guilty to another DUI

A Los Osos woman who struck and killed a cyclist in a previous DUI case faces up to six years in prison after she pleaded guilty to felony driving under the influence of alcohol in another DUI case.

District Attorney Dan Dow announced today that Gianna Catherine Brencola (DOB 10-15-1999) of Los Osos entered a plea of guilty to felony driving while under the influence of alcohol. Brencola faces up to six years in state prison based on her guilty plea.

The incident occurred on Halloween evening, October 31, 2021, in Morro Bay. At a preliminary hearing the court heard evidence that Brencola struck several parked cars while driving with a blood alcohol level exceeding .30 percent, more than three times the legal limit for driving which is .08 percent.

Cambria man sentenced for kidnap and rape

Jesus Barajasvaldovinos (33) of Cambria has been sentenced to 28 years to life in state prison for his conviction of kidnap, rape by force, and other sex crimes.

District Attorney Dan Dow announced today that Cambria resident Jesus Barajasvaldovinos (DOB 09/14/1989) has been sentenced to 28 years to life in state prison for his conviction of kidnap for rape, forcible rape, forcible oral copulation, and forcible digital penetration all with the allegation that the victim was moved to a place that substantially increased the risk of harm. 

 He is also required to register as a sex offender for life. The conviction came after Barajasvaldovinos entered a plea of guilty to all charges.

The crimes occurred in Cambria in the late afternoon of June 27, 2021. The survivor was walking along the Santa Rosa Creek Trail adjacent to Highway 1 when she was accosted, pulled off of the trail into a wooded area, and assaulted.

Arroyo Grande nurse settles case for unlawfully advertising herself as “doctor”

Local nurse practitioner, Sarah Erny, agrees to an injunction and $19,750 in civil penalties for violating the Business and Professions Code by inferring she was a medical doctor to the public.

District Attorney Dan Dow announced that the Special Prosecution Unit has reached a settlement with a local nurse practitioner who referred to herself on her professional website and social media accounts as “Doctor Sarah.”

Sarah Erny, R.N., N.P., earned a doctorate degree in nursing practice. Shortly thereafter, she began promoting herself as “Doctor Sarah Erny.” From October 2018 until March 2022, Ms. Erny hosted a professional website and was active on various social media accounts wherein she identified herself as “Dr. Sarah Erny.” 

 While in most instances Ms. Erny indicated that she was a nurse practitioner, she failed to advise the public that she was not a medical doctor and failed to identify her supervising physician. Adding to the lack of clarity caused by referring to herself as “Dr. Sarah,” online search results would list “Dr. Sarah Erny,” without any mention of Ms. Erny’s nurse status.

California’s Business and Professions Code prohibits all but a select few health care professionals from calling themselves “doctor” or “physician.” As for specially trained registered nurses, such as nurse practitioners, California law permits titles such as “Certified Nurse Practitioner,” and “Advanced Practice Registered Nurse.” 

The courts have held that the purpose for limiting the use of titles within the health care field is to protect the public by ensuring every health care provider properly represents themselves in their true capacity by an appropriate title. Simply put, there is a great need for health care providers to state their level of training and licensing clearly and honestly in all of their advertising and marketing materials.

Recent national surveys indicate that the public is confused as to who is and who is not a medical doctor. Funded by the American Medical Association, and reported in “Truth in Advertising Campaign,” the surveys indicate that 39% of respondents incorrectly identified a Doctor of Nursing Practice as a medical doctor and 19% incorrectly believed a Nurse Practitioner was a physician. This is to say there is a great need for health care providers to state their level of training and licensing clearly and honestly in all of their advertising and marketing materials.

“We want all health care professionals to clearly display their education and licensure so that patients know who is providing their care,” said District Attorney Dan Dow. “All forms of professional medical services advertising, including websites and social media accounts, must be free of deceptive or misleading information and must clearly identify the professional license held by the advertiser. Providing patients upfront with the proper title of our health care professionals aids consumers in making a more informed decision about their health care.”

The civil judgment requires Ms. Erny to pay civil penalties totaling $19,750 and to refrain from referring to herself as “doctor” in her role of providing medical treatment to the public. It also requires Ms. Erny to identify and make reasonable efforts to correct information on internet sites referring to her as “doctor” or “Dr.”

This case was investigated by the Department of Consumer Affairs, Health Quality Investigation Unit and the San Luis Obispo County District Attorney Bureau of Investigation and prosecuted by Deputy District Attorney Kenneth Jorgensen assigned to the District Attorney's Consumer and Environmental Protection Unit.

Click here for a copy of the civil complaint and the stipulated final judgment.

Our consumer protection team is committed to protecting the public from unlawful, unfair, and fraudulent or deceptive business practices. Consumer protection cases can be pursued in either criminal or civil court. Examples of such cases include contractor’s fraud, false or misleading advertising, and “bait and switch” scams. The unit also aims to increase public awareness of consumer issues through presentations to local groups when called upon.

For more information about the consumer protection laws or to report suspected violations contact the California Department of Consumer Affairs Consumer Assistance Line toll-free at (800) 952-5210 or visit their website at www.dca.ca.gov/. Hearing-impaired persons may call TTY (800) 326-229.

Prison sentences handed down for three major criminals this week

Prison sentences were handed down this week in San Luis Obispo Superior Court on three separate, high-profile cases.

David James Krause sentenced for murder

David James Krause was entenced to 30 years to life for the murder of Lawrence "Larry" Bross of Oceano.

On January 24, 2019, Mr. Bross (90) was found deceased in his residence in Oceano.

Mr. Boss's blood, confirmed by DNA analysis, was located on a shoe seized from Krause on January 25, 2019.

Based on the newly discovered DNA evidence Krause was arrested and charged with the murder of Mr. Bross.

On October 4, 2022, Krause pleaded guilty to second degree murder and elder abuse resulting in death.

Larry Bross, moved to Oceano full-time in 1988 after serving in the Coast Guard during the Korean War, then teaching high school History and Government for 30 years in Northern California.

Mr. Bross's son added that his father "was the center of our family.

He was living his best life in Oceano in the cabin he turned into a home over a 50-year period.

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Andrew William Gilbertson sentenced for robbery

District Attorney Dan Dow announced today that Andrew William Gilbertson (47) of Paso Robles has been sentenced to 25 years to life in state prison for his attempted robbery of Chase Bank in Paso Robles.

"Gilbertson then brandished what the bank teller believed to be a gun from within a plastic bag he held and threatened, " I have a gun, who do I need to shoot?"

Judge Covello also found true seven factors in aggravation which were used at the sentencing hearing to determine the appropriate sentence.

"When California's Three Strikes sentencing law is followed and imposed, like it is here, it sends a strong message to other would-be violent criminals to think twice or perhaps choose another county in which to commit their crime.

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Adrian Oswald Pinto sentenced for rape

Adrian Oswald Pinto (37) has been sentenced to six years in state prison for his conviction after jury trial of rape by force and sexual penetration by a foreign object.

Pinto is also required to register as a sex offender for life.

Pinto's defense lawyer argued for the lowest possible prison sentence of three years.

The maximum sentence allowed by law for the offenses is 16 years in prison.

The survivor's mother closed by telling Pinto that "the jury saw you for what you are" and requested that the maximum sentence be imposed.

Kristin Smart murderer found guilty

After a three-month trial, a Monterey County jury has unanimously found Paul Flores guilty of the first-degree murder of Kristin Smart. Paul's father, Ruben Flores, was found not guilty of being an accessory to Kristin’s murder.

Kristin Smart was a Cal Poly freshman when she was reported missing in May 1996. A 25-year investigation ensued, resulting in the 2021 arrest and prosecution of Paul and Ruben Flores. At trial the jury heard testimony that Kristin was last seen walking towards her dormitory with Paul Flores after leaving an off-campus party.

Pismo Beach man sentenced to 120 years for long-term molestation of three children

District Attorney Dan Dow announced that Todd Anthony Hortillosa (44) of Pismo Beach has been sentenced to 120 years to life, plus 3 years and 8 months, in state prison for his conviction on 10 counts of sex crimes against three children occurring over a nine year period.

Pismo Beach resident Todd Anthony Hortillosa (DOB 12/13/1977) has been sentenced to 120 years to life, plus 3 years and 8 months, in state prison for his conviction on 10 counts of committing a lewd act on a child under the age of 14 years, involving three separate victims occurring over a nine year period.