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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

1 posted on 05/15/2014 3:06:36 PM PDT by nickcarraway
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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
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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.")
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To: nickcarraway

A cop ignorant of the law?


4 posted on 05/15/2014 3:10:57 PM PDT by Paladin2
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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
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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
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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!)
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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
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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
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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)
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To: All


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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")
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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.)
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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
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To: Opinionated Blowhard

How’s the dog?


14 posted on 05/15/2014 3:16:11 PM PDT by loungitude (The truth hurts.)
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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)
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To: nickcarraway

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

Probably couldn’t read anybody their rights, either, huh?


16 posted on 05/15/2014 3:17:51 PM PDT by F15Eagle (1Jn4:15;5:4-5,11-13;Mt27:50-54;Mk15:33-34;Jn3:17-18,6:69,11:25,14:6,20:31;Ro10:8-11;1Tm2:5-6;Ti3:4-7)
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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
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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
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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.)
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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)
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To: nickcarraway

So.... how does a SD cop afford a $705,000 home ?


21 posted on 05/15/2014 3:30:21 PM PDT by UCANSEE2 (Lost my tagline on Flight MH370. Sorry for the inconvenience.)
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To: UCANSEE2

sounds like he didn’t afford it


22 posted on 05/15/2014 3:31:13 PM PDT by GeronL (Vote for Conservatives not for Republicans!)
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To: loungitude

Dead. They were all mysteriously shot!


23 posted on 05/15/2014 3:32:36 PM PDT by 17th Miss Regt
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To: dragnet2

The idiot must have been a heck of a cop.


24 posted on 05/15/2014 3:34:26 PM PDT by hal ogen (First Amendment or Reeducation Camp?)
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To: loungitude; All
How’s the dog?
or the caged parakeet...

25 posted on 05/15/2014 3:41:22 PM PDT by skinkinthegrass (The end move in politics is always to pick up a gun..0'Bathhouse/"Rustler" Reid? :-)
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To: nickcarraway
The cop card didn't work?

Pit-Y

26 posted on 05/15/2014 3:42:05 PM PDT by null and void (When was the last time you heard anyone say: "It's a free country"?)
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To: GeronL

How does he even afford to qualify?

Sure sounds like they did a number on the place though, wow, truly not bright.


27 posted on 05/15/2014 4:04:11 PM PDT by Bulwyf
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To: nickcarraway

and he shot the neighbors dog just for good measure as they were pulling out of the driveway for the last time.


28 posted on 05/15/2014 4:04:20 PM PDT by minnesota_bound
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To: TurboZamboni

How does a cop afford a $705,000.00 home?


29 posted on 05/15/2014 4:19:25 PM PDT by DaiHuy (May God save the country, for it is evident the people will not! Millard Fillmore)
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To: DaiHuy

Apparently he couldn’t.
It was foreclosed....


30 posted on 05/15/2014 4:21:50 PM PDT by nascarnation (Toxic Baraq Syndrome: hopefully infecting a Dem candidate near you)
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To: nickcarraway

How did he get away with only 270 days? Seems to me that it should have been several years for that much monetary damage.


31 posted on 05/15/2014 4:24:37 PM PDT by CurlyDave
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To: null and void

Did you mean to ping the list?


32 posted on 05/15/2014 4:27:10 PM PDT by Slings and Arrows (You can't have Ingsoc without an Emmanuel Goldstein.)
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To: Sherman Logan

I’ve heard that this is so common that many lenders are bribing homeowners to leave the house in good condition and go quietly.


33 posted on 05/15/2014 4:29:32 PM PDT by ottbmare (the OTTB mare, now a proud Marine Mom)
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To: DaiHuy

Line cops with a few years of experience here make $120k plus. Add is some OT, and you’re making real money.


34 posted on 05/15/2014 4:31:17 PM PDT by Half Vast Conspiracy (The bill was the subject of a truly awe-inspiring tsunami of poorly informed indignation. Rich Lowry)
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To: Slings and Arrows

Not this time. Officer Stupid wasn’t acting under color of authoritah.


35 posted on 05/15/2014 4:33:44 PM PDT by null and void (When was the last time you heard anyone say: "It's a free country"?)
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To: null and void

Ah, gotcha. Important difference, natch.


36 posted on 05/15/2014 4:35:54 PM PDT by Slings and Arrows (You can't have Ingsoc without an Emmanuel Goldstein.)
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To: nickcarraway

Is anyone even asking how a cop affords a 700k house? I mean cops do get paid fairly well most places, but 700k? Has anyone checked the drug evidence storage lately?


37 posted on 05/15/2014 4:42:43 PM PDT by LevinFan
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To: DaiHuy

How does a cop afford a $705,000.00 home?

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

Ever heard the phrase “Cops have the best dope?”


38 posted on 05/15/2014 4:44:32 PM PDT by loungitude (The truth hurts.)
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To: LevinFan

If you read books about the real estate collapse, you’ll see that in California, illegal aliens who worked in car washes for minimum wage were getting mortgages on million dollar homes.

http://www.amazon.com/Greatest-Trade-Ever-Behind-—Scenes/dp/0385529945/ref=la_B002NWVK2K_1_2/182-5640441-7852915?s=books&ie=UTF8&qid=1400197572&sr=1-2


39 posted on 05/15/2014 4:46:43 PM PDT by nascarnation (Toxic Baraq Syndrome: hopefully infecting a Dem candidate near you)
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To: dragnet2

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

Their problem probably was that they bought it before 2007 and now it’s worth less than half what they paid as is evidenced by the fact that the bank peddled it for less than $200k and it needed about that much more to fix damage.


40 posted on 05/15/2014 5:14:27 PM PDT by vette6387
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To: vette6387

No, the problem is cops shelling out $705,000 for a home, all at tax payers expense. Public servants? ...lol


41 posted on 05/15/2014 5:28:30 PM PDT by dragnet2 (Diversion and evasion are tools of deceit)
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To: Political Junkie Too

I see what you did.


42 posted on 05/15/2014 5:34:05 PM PDT by Lurker (Violence is rarely the answer. But when it is it is the only answer.)
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To: UCANSEE2

Drug money? Bribes and blackmail? Impounding evidence?


43 posted on 05/15/2014 5:56:47 PM PDT by Roman_War_Criminal (Bible Summary in a few verses: John 14:6, John 6:29, Romans 10:9-10)
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To: loungitude
How does a cop afford a $705,000.00 home?

When I bought my home I and my wife's combined income was about 150K. Our home cost us 112 K. We sure as hell could not afford a home that cost 705K. I have one question, how long ago was this loan made and why was it made?

PS My home in California would be worth more than a million. Today in Texas my home is worth about 250K.

Screw California and their bad bank loans so long as I do not have to bail the banks out.

PS PS If you have a marketable skill and want a great life in a state that will reward your skills, please come to Texas. If you do not have these skills, please stay in California.

44 posted on 05/15/2014 9:34:27 PM PDT by cpdiii (Deckhand, Roughneck, Mud Man, Geologist, Pilot, Pharmacist THE CONSTITUTION IS WORTH DYING FOR!)
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To: nickcarraway

Yes, your Honor. My wife and I had no idea that trashing our foreclosed property was a crime. [Wink, wink; nod, nod.] We also believe in Santa Claus, the Easter Bunny, and we have a bridge in Brooklyn to sell.


45 posted on 05/15/2014 11:30:11 PM PDT by MasterGunner01
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To: nickcarraway

“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.”

How is she not charged with extortion for the above?


46 posted on 05/16/2014 10:02:00 AM PDT by JLS
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To: GeronL

Well... yes, there is that minor detail.


47 posted on 05/16/2014 6:27:39 PM PDT by UCANSEE2 (Lost my tagline on Flight MH370. Sorry for the inconvenience.)
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To: F15Eagle

He was dyslexic as well. When he read; Shout to God, he actually read; Shoot the Dog.


48 posted on 05/16/2014 7:10:53 PM PDT by Delta Dawn (Fluent in two languages: English and cursive.)
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