Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

California Court Ponders Cop's Claim He Didn't Know Destroying $705,000 Home Was Illegal
OC Weekly ^ | Thu., May 15 2014 | R. Scott Moxley

Posted on 05/15/2014 3:06:36 PM PDT by nickcarraway

A San Diego police officer and his wife--who wrecked their $705,000 Riverside home during foreclosure as revenge against the lending bank in 2010 and won criminal convictions for the damage--have lost their attempt to overturn the case at the California Court of Appeal in Orange County.

In a ruling this week, a three-justice panel rejected the appeal by Robert Conrad Acosta and Monique Evette Acosta, who claimed they didn't know it was against the law to intentionally depreciate a lender's property by removing or damaging fixtures.

The couple left San Diego Metropolitan Credit Union with more than $166,000 in costs to restore the once "exceptional," upgrade-loaded home after they cut down a backyard tree and threw it into the pool, yanked out plants, spray painted fixtures inside the home, wrecked a toilet with black dye, used a sledgehammer to mutilate a staircase and a Whirlpool hot tub in the backyard, cracked pipes, ruined the pool, smashed electrical outlets, cut wires, shattered tiles, pummeled walls, destroyed a fireplace and, using a semi-truck, hauled away light fixtures, countertops, kitchen cabinet doors, appliances, a bar, wood ceiling beams, window shutters, carpets, three chandeliers, two air conditioning units, 12 interior doors, cypress trees and the garage door.

A witness who saw the damage called it "total destruction," and the bank ended up selling the property for just $178,500.

According to court records, the sabotage occurred after the brilliant female part of this classy duo memorialized the plot in a pre-eviction email to a bank representative and declared the home would be left in good condition only if they paid her $10,000 for the keys.

The male portion of the duo, the aforementioned police officer, initially respond to law enforcement investigators by trying to act surprised by the wreckage and missing items, but that didn't work because officers learned he'd offered the items for sale in a Craigslist ad.

Then, Acosta claimed he'd been "under the impression" he could legally remove house fixtures, but that didn't work either because as the appellate justices noted: there's a 91-year-old California law prohibiting such acts.

Then, he argued that the related law had been too confusing for him to understand.

Santa Ana-based justices Raymond J. Ikola, Kathleen E. O'Leary and Richard D. Fybel were not impressed.

"We reject defendants' contention," they wrote in a 21-page, May 12 ruling. "A person of common intelligence can understand [the law] forbids a borrower from intentionally harming a lender by removing or disposing of items attached or affixed as improvements to the encumbered property."

Upshot: A jury's verdicts of guilt as well as a judge's punishment of 270 days each in jail plus probation for five years remain valid.


TOPICS: Crime/Corruption; Culture/Society; Extended News; US: California
KEYWORDS: donutwatch
Navigation: use the links below to view more comments.
first 1-2021-4041-48 next last

1 posted on 05/15/2014 3:06:36 PM PDT by nickcarraway
[ Post Reply | Private Reply | View Replies]

To: All

“A San Diego police officer”

ignorance of the law is no excuse.


2 posted on 05/15/2014 3:10:22 PM PDT by willywill
[ Post Reply | Private Reply | To 1 | View Replies]

To: nickcarraway
wrecked their $705,000 Riverside home during foreclosure as revenge against the lending bank

This is the mindset of a lot of Americans. Do what you can to screw the greedy, rich corporations. You can do it without any penalty or consequence. Besides, what responsible adult vandalizes ANYTHING for any reason???? We live in a nation of adult children who demand what they want and then throw tantrums when they don't get it or have it taken away from them.

3 posted on 05/15/2014 3:10:39 PM PDT by Opinionated Blowhard ("When the people find they can vote themselves money, that will herald the end of the republic.")
[ Post Reply | Private Reply | To 1 | View Replies]

To: nickcarraway

A cop ignorant of the law?


4 posted on 05/15/2014 3:10:57 PM PDT by Paladin2
[ Post Reply | Private Reply | To 1 | View Replies]

To: nickcarraway

Shouldn’t the article say “former police officer” or is he still on the job?


5 posted on 05/15/2014 3:11:53 PM PDT by glorgau
[ Post Reply | Private Reply | To 1 | View Replies]

To: nickcarraway

Cannot believe a court will even ponder this. Insane world we live in.


6 posted on 05/15/2014 3:12:11 PM PDT by formosa
[ Post Reply | Private Reply | To 1 | View Replies]

To: nickcarraway

Why would this argument even be considered, seems like a waste of time and money


7 posted on 05/15/2014 3:12:22 PM PDT by GeronL (Vote for Conservatives not for Republicans!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: nickcarraway

Even worse a cop ignorant regarding ignorance of the law


8 posted on 05/15/2014 3:13:08 PM PDT by Paladin2
[ Post Reply | Private Reply | To 1 | View Replies]

To: nickcarraway

Cop = government employee sense of entitlement.

Too bad the interview and selection of LEOs can’t keep people like him away from positions of power and authority.


9 posted on 05/15/2014 3:13:33 PM PDT by truth_seeker
[ Post Reply | Private Reply | To 1 | View Replies]

To: Paladin2

Occutard with a badge.

Next he’ll claim he’s a victim of predatory lending.


10 posted on 05/15/2014 3:13:41 PM PDT by TurboZamboni (Those who make peaceful revolution impossible will make violent revolution inevitable.-JFK)
[ Post Reply | Private Reply | To 4 | View Replies]

To: All


Just A Reminder
Please Don't Forget
To Donate To FR
This Quarter

Sponsoring FReepers are contributing
$10 Each time a New Monthly Donor signs up!
Get more bang for your FR buck!
Click Here To Sign Up Now!

11 posted on 05/15/2014 3:14:11 PM PDT by musicman (Until I see the REAL Long Form Vault BC, he's just "PRES__ENT" Obama = Without "ID")
[ Post Reply | Private Reply | To 3 | View Replies]

To: nickcarraway
...they cut down a backyard tree and threw it into the pool, yanked out plants, spray painted fixtures inside the home, wrecked a toilet with black dye, used a sledgehammer to mutilate a staircase and a Whirlpool hot tub in the backyard, cracked pipes, ruined the pool, smashed electrical outlets, cut wires, shattered tiles, pummeled walls, destroyed a fireplace and, using a semi-truck, hauled away light fixtures, countertops, kitchen cabinet doors, appliances, a bar, wood ceiling beams, window shutters, carpets, three chandeliers, two air conditioning units, 12 interior doors, cypress trees and the garage door...

The only thing missing is porn in the copiers and removing all the W keys from the computers.

-PJ

12 posted on 05/15/2014 3:14:23 PM PDT by Political Junkie Too (If you are the Posterity of We the People, then you are a Natural Born Citizen.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: TurboZamboni
Next he’ll claim he’s a victim of predatory lending.

In a way he was. The bank let him live in a house, when he was more suited to live in a cave.

13 posted on 05/15/2014 3:15:28 PM PDT by nickcarraway
[ Post Reply | Private Reply | To 10 | View Replies]

To: Opinionated Blowhard

How’s the dog?


14 posted on 05/15/2014 3:16:11 PM PDT by loungitude (The truth hurts.)
[ Post Reply | Private Reply | To 3 | View Replies]

To: nickcarraway
If anyone is interested, the court's decision is here.
15 posted on 05/15/2014 3:17:43 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
[ Post Reply | Private Reply | To 1 | View Replies]

Comment #16 Removed by Moderator

To: nickcarraway

This is remarkably common, though usually not to this extent.

I do inspections, and a large percentage of repoed homes are trashed to some extent by the evictees.


17 posted on 05/15/2014 3:18:57 PM PDT by Sherman Logan
[ Post Reply | Private Reply | To 1 | View Replies]

To: nickcarraway
A San Diego police officer and his wife--who wrecked their $705,000 Riverside home

Owning a $750,000.00 house was their first mistake.

18 posted on 05/15/2014 3:19:33 PM PDT by southern rock
[ Post Reply | Private Reply | To 1 | View Replies]

To: null and void

The cop never heard of “equity” because it’s a three-syllable word.


19 posted on 05/15/2014 3:25:57 PM PDT by Slings and Arrows (You can't have Ingsoc without an Emmanuel Goldstein.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: nickcarraway

The cop and his wife had a $705,000 home?

Gezzz


20 posted on 05/15/2014 3:28:12 PM PDT by dragnet2 (Diversion and evasion are tools of deceit)
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-4041-48 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson