Updated: Tue, Aug 25, 2009, 6:12 pm
Uploaded: Mon, Aug 24, 2009, 4:55 pm
Released murder suspect back in custody
Teen held in Fuchs homicide arrested for probation violation
An Alameda County teenager arrested in connection with the January slaying of 17-year-old Rylan Fuchs is back in custody after being released from juvenile detention under a home monitoring program.
The 15-year-old suspect was arrested three days after the killing of the San Ramon Valley High School student and was held at the Alameda County Juvenile Justice Center on an unrelated charge.
The suspect was placed under GPS monitoring as a condition of his probation on the other charge, according to officials. Alameda County Assistant Chief of Probation Bill Fenton said that GPS monitoring is the most severe level of home detention available to a judge during the sentencing process.
"Under GPS monitoring, we know where you are 24 hours a day, where you went, how long you spent there," he explained.
Juveniles placed under this level of probation are given an allotted area where they must stay. Leaving the area sets off an alarm, and Juvenile Officers respond to the home of the offender. If the juvenile has left the premises, he is arrested and returned to the detention center and must go back before a judge.
Capt. Dan Terry, head of the Investigations Division for the Contra Costa County Sheriff's Department, said that the suspect had been released into the custody of his grandmother in Oakland during the last few weeks. Terry said the teenager was placed under the monitoring program at that time.
The suspect, believed to be involved in the shooting death of Fuchs, violated the terms of his probation and was taken back into custody. Because the suspect is a juvenile, details of the probation violation were not released.
In addition to any charges leveled against the juvenile as a result of the probation violation, Terry said the teen has other cases pending against him, including one charge of armed robbery.
Terry said that while charges have yet to be filed against this suspect, the Fuchs case is continuing to move forward and investigators have followed several leads that could result in further arrests.
"We've pretty clearly identified people we know who are involved in this thing," he explained. "However, the District Attorney is looking to just tighten things up."
Deputy District Attorney Dan Cabral, who is handling the investigation for the D.A.'s office, said in June that his office was getting closer to making arrests in the case. As of late last week, Cabral said investigators are still working with the evidence and making sure the case is solid before moving forward with any arrests.
Posted by Master
a resident of another community
on Aug 26, 2009 at 6:17 pm
Concerned Mom or Rick (Both sounds the same)
This is what the law prescribes, your "out of line" has no foundation. This investigation everyone is speaking about is not only a county crime, it is a Federal Crime. Agencies work in combination in their own field of work, but at a glance this is a Federal Crime Investigation in progress.
Now who is "out of Line'?
21 U.S.C. § 863 : US Code - Section 863: Drug paraphernalia
(a) In general
It is unlawful for any person -
(1) to sell or offer for sale drug paraphernalia;
(2) to use the mails or any other facility of interstate
commerce to transport drug paraphernalia; or
(3) to import or export drug paraphernalia.
Anyone convicted of an offense under subsection (a) of this
section shall be imprisoned for not more than three years and fined
under title 18.
(c) Seizure and forfeiture
Any drug paraphernalia involved in any violation of subsection
(a) of this section shall be subject to seizure and forfeiture upon
the conviction of a person for such violation. Any such
paraphernalia shall be delivered to the Administrator of General
Services, General Services Administration, who may order such
paraphernalia destroyed or may authorize its use for law
enforcement or educational purposes by Federal, State, or local
(d) "Drug paraphernalia" defined
The term "drug paraphernalia" means any equipment, product, or
material of any kind which is primarily intended or designed for
use in manufacturing, compounding, converting, concealing,
producing, processing, preparing, injecting, ingesting, inhaling,
or otherwise introducing into the human body a controlled
substance, possession of which is unlawful under this subchapter.
It includes items primarily intended or designed for use in
ingesting, inhaling, or otherwise introducing marijuana,(!1)
cocaine, hashish, hashish oil, PCP, methamphetamine, or
amphetamines into the human body, such as -
(1) metal, wooden, acrylic, glass, stone, plastic, or ceramic
pipes with or without screens, permanent screens, hashish heads,
or punctured metal bowls;
(2) water pipes;
(3) carburetion tubes and devices;
(4) smoking and carburetion masks;
(5) roach clips: meaning objects used to hold burning material,
such as a marihuana cigarette, that has become too small or too
short to be held in the hand;
(6) miniature spoons with level capacities of one-tenth cubic
centimeter or less;
(7) chamber pipes;
(8) carburetor pipes;
(9) electric pipes;
(10) air-driven pipes;
(13) ice pipes or chillers;
(14) wired cigarette papers; or
(15) cocaine freebase kits.
(e) Matters considered in determination of what constitutes drug
In determining whether an item constitutes drug paraphernalia, in
addition to all other logically relevant factors, the following may
(1) instructions, oral or written, provided with the item
concerning its use;
(2) descriptive materials accompanying the item which explain
or depict its use;
(3) national and local advertising concerning its use;
(4) the manner in which the item is displayed for sale;
(5) whether the owner, or anyone in control of the item, is a
legitimate supplier of like or related items to the community,
such as a licensed distributor or dealer of tobacco products;
(6) direct or circumstantial evidence of the ratio of sales of
the item(s) to the total sales of the business enterprise;
(7) the existence and scope of legitimate uses of the item in
the community; and
(8) expert testimony concerning its use.
This section shall not apply to -
(1) any person authorized by local, State, or Federal law to
manufacture, possess, or distribute such items; or
(2) any item that, in the normal lawful course of business, is
imported, exported, transported, or sold through the mail or by
any other means, and traditionally intended for use with tobacco
products, including any pipe, paper, or accessory.
21 U.S.C. § 856 : US Code - Section 856: Maintaining drug-involved premises
(a) Unlawful acts
Except as authorized by this subchapter, it shall be unlawful to -
(1) knowingly open, lease, rent, use, or maintain any place,
whether permanently or temporarily, for the purpose of
manufacturing, distributing, or using any controlled substance;
(2) manage or control any place, whether permanently or
temporarily, either as an owner, lessee, agent, employee,
occupant, or mortgagee, and knowingly and intentionally rent,
lease, profit from, or make available for use, with or without
compensation, the place for the purpose of unlawfully
manufacturing, storing, distributing, or using a controlled
(b) Criminal penalties
Any person who violates subsection (a) of this section shall be
sentenced to a term of imprisonment of not more than 20 years or a
fine of not more than $500,000, or both, or a fine of $2,000,000
for a person other than an individual.
(c) Violation as offense against property
A violation of subsection (a) of this section shall be considered
an offense against property for purposes of section
3663A(c)(1)(A)(ii) of title 18.
(d) Civil penalites
(1) Any person who violates subsection (a) of this section shall
be subject to a civil penalty of not more than the greater of -
(A) $250,000; or
(B) 2 times the gross receipts, either known or estimated, that
were derived from each violation that is attributable to the
(2) If a civil penalty is calculated under paragraph (1)(B), and
there is more than 1 defendant, the court may apportion the penalty
between multiple violators, but each violator shall be jointly and
severally liable for the civil penalty under this subsection.
(e) Declaratory and injunctive remedies
Any person who violates subsection (a) of this section shall be
subject to declaratory and injunctive remedies as set forth in
section 843(f) of this title.
21 U.S.C. § 845 : US Code - Section 845 TO 845B: Transferred
Section 845, Pub. L. 91-513, title II, Sec. 405, Oct. 27, 1970,
84 Stat. 1265, as amended, which related to distribution of
controlled substances to persons under age twenty-one, was
renumbered Sec. 418 of Pub. L. 91-513 by Pub. L. 101-647, title X,
Sec. 1002(a)(1), Nov. 29, 1990, 104 Stat. 4827, and transferred to
section 859 of this title.
Section 845a, Pub. L. 91-513, title II, Sec. 405A, as added Pub.
L. 98-473, title II, Sec. 503(a), Oct. 12, 1984, 98 Stat. 2069, and
amended, which related to distribution or manufacturing of
controlled substances in or near schools and colleges, was
renumbered Sec. 419 of Pub. L. 91-513 by Pub. L. 101-647, title X,
Sec. 1002(b), Nov. 29, 1990, 104 Stat. 4827, and transferred to
section 860 of this title.
Section 845b, Pub. L. 91-513, title II, Sec. 405B, as added Pub.
L. 99-570, title I, Sec. 1102, Oct. 27, 1986, 100 Stat. 3207-10,
and amended, which related to employment or use of persons under 18
years of age in drug operations, was renumbered Sec. 420 of Pub. L.
91-513 by Pub. L. 101-647, title X, Sec. 1002(c), Nov. 29, 1990,
104 Stat. 4827, and transferred to section 861 of this title.21 U.S.C. § 846 : US Code - Section 846: Attempt and conspiracy
Any person who attempts or conspires to commit any offense
defined in this subchapter shall be subject to the same penalties
as those prescribed for the offense, the commission of which was
the object of the attempt or conspiracy.