Second set of gang injunctions signed
September 8, 2001
Second set of gang injunctions signed
KIMBERLY EPLER
Staff Writer
VISTA —- A Superior Court judge on Friday signed a preliminary injunction ordering 22 alleged Escondido gang members to refrain from making loud noises, intimidating residents, hanging out with certain people and conducting other activities in certain parts of the city.
After the brief hearing, the men accused of being members of the Westside gang received maps outlining the neighborhood where the restrictions are imposed. The Westside area generally is bounded by Third Avenue, Escondido Boulevard, 15th Avenue and Upas Street.
Civil libertarians and some alleged gang members have criticized the injunctions as a violations of civil rights. Unless the men mount a defense, they lose the civil case against them by default.
Last month, Judge John Einhorn placed the same constraints on 21 alleged members of the Diablos gang, after the district attorney’s office obtained a temporary restraining order against the men.
In both cases, Einhorn urged the men to find a private attorney to represent them. Because the prosecution filed a civil case against the men, they are not entitled to a public defender.
Prosecutors and police contend that the gangs have been “at war” for years and have disrupted the quality of life in certain neighborhoods. Authorities also believe the gangs are linked to four homicides in Escondido since 1999.
In essence, police and the prosecution asked the courts to declare the gangs a public nuisance.
Einhorn said he found the Westside gang “is a criminal street gang within the meaning of California law” and the gang’s conduct “decreased the quality of life within defined neighborhoods.”
Violating the court-imposed gang restrictions can result in an arrest and up to six months in jail.
Deputy District Attorney Susan Mazza said four members of the Westside gang and three members of the Diablos gang have been arrested for violating the injunction.
The Diablos territory, as defined in court papers, is bounded generally by Broadway, Mission Avenue, Rose Street and East Valley Parkway.
Mazza said none of the men identified as Escondido gang members in the civil lawsuits have responded within the required 30 days period. Prosecutors will likely seek to obtain a default judgment in November that would make the injunctions permanent.
If any of the men do respond, a civil trial could probably occur within a year, Mazza said.
Contact staff writer Kimberly Epler at (760) 739-6644 or kepler@nctimes.com.
