An Orange County Superior Court judge on Friday, Feb. 15, denied a defense motion to dismiss the case against a man accused of a 2010 murder on the Los Alamitos Joint Forces Training Base, according to the courthouse website.
Daniel Patrick Wozniak has been charged with two counts of murder, each with special circumstances that place him at risk for the death penalty if he is convicted of either murder.
Authorities say Wozniak fatally shot and later dismembered Costa Mesa resident Samuel Herr, 26, in the Liberty Theatre on the military base, then went to the victim’s home in Costa Mesa. Prosecutors also say that Wozniak then lured Irvine resident Juri Julie Kibuishi, 23, to Herr’s apartment and murdered her, making the crime look like an attempted sexual assault.
For a brief time, Costa Mesa investigators considered Herr a suspect in the woman’s murder—because they did not yet know he was the first victim.
The motion to dismiss the case was made under California Penal Code 995. The defense basically argued that prosecutors had failed to establish that a crime had occurred. The motion is common in felony cases.
The court first heard the motion to dismiss on Nov. 2, 2012, according to the courthouse website.
The hearing apparently continued on Thursday, Feb. 14, and concluded on Friday, Feb. 15, with the court’s decision to deny.
Wozniak pleaded not guilty to the charges and denied the special circumstances on May 4, 2012.
A trial date has not yet been set.
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Crime Log Compiled by Charles M. Kelly
IN SEAL?BEACH
Monday, February 4
Burglary Report—1:51 p.m.—Pacific Coast Highway—The caller reported a burglary at the recycling center. The point of entry was blacked out in the log. Loss: $480. Report taken.
Tuesday, February 5
Suspicious Circumstances—11:10 a.m.—Candleberry Road—The caller said three men rang the caller’s doorbell for an unknown reason, then split up and went in different directions. Police unit 107 contacted a man matching the description of the second suspect and interviewed him in the field.
Identity Theft—4:44 p.m.—1st Street—A citizen said someone had applied for and obtained credit cards using the citizen’s information. Counseled.
Counseling—6:48 p.m.—Candleberry—Someone in an older model pick-up truck threw a cup of sunflower seeds on the caller as she was getting out of her car at 6:15 p.m. Log entry.
Wednesday, February 6
Traffic Hazard—10:07 a.m.—Basswood and Lampson—The caller said an individual was trimming trees and branches were falling into the street, creating a traffic hazard.
Extra Patrol Checks Requested—12:24 p.m.—2nd Street—The caller requested extra patrol checks in the morning hours on Thursday and Friday for transients sleeping in the alley near a carport. Message delivered.
Thursday, February 7
Identity Theft—6 p.m.—Montecito Road—Someone applied for multiple bank accounts in a citizen’s name. Report taken.
Friday, February 8
Petty Theft Report—10:58 a.m.—Anchor Way—The caller said she never received her renewed registration in the mail. The Department of Motor Vehicles said she needed a report from the police to replace the registration. Report taken.
Saturday, February 9
Suspicious Circumstances—3:21 p.m.—Guava Avenue—The caller said a man rang the caller’s doorbell and appeared surprised when the caller came out the side door. The caller said the man appeared to be casing the side yard.
Sunday, February 10
Grand Theft Report—3:56 p.m.—Main Street—The caller’s bike lock was cut and the bike stolen between 9 p.m., Saturday, Feb. 9, and 10 a.m., Sunday, Feb. 10. Loss: a tan Salsa Fargo touring mountain bike valued at $3,500. Report taken.
IN LEISURE WORLD
Monday, February 4
Burglary Report—8:44 a.m.—Leisure World, Mutual Unknown—The caller reported a burglary at a maintenance building. Loss: a large number of tools were taken. No suspect information. Report taken.
Fraud—9:52 a.m.—Alderwood Lane, Mutual Unknown—A resident bought property from a company. The company sent the resident a check and told him to cash it. The resident said the check was fraudulent and the resident had not received the purchased property. Report taken.
Wednesday, February 6
Malicious Mischief—12:45 p.m.—Thunderbird Drive, Mutual Unknown—Someone egged the caller’s car overnight, damaging the paint. No suspect information. Report taken.
Identity Theft—2:26 p.m.—Thunderbird Drive, Mutual Unknown—The caller apparently gave bank account information to a lottery scam. However, there was no loss as the bank account was now closed. No report desired.
IN LOS?ALAMITOS
Wednesday, February 13
Disturbance—6 a.m.—Kersage Avenue—The caller reported that his neighbor spit on the caller’s steps. The caller said that his restraining order on the neighbor had expired. A patrol unit contacted the caller, who pointed out wet spots on his steps and said it was the subjects spit. The patrol unit contacted the neighbor, who denied spitting and was uncooperative. Both parties were counseled.
Monday, February 11
Disturbance—2:46 p.m.—Lampson Avenue—The caller said several individuals were smoking and drinking inside the gated community. When the caller advised them to stop, they became confrontational and started yelling. The individuals were seen being confrontational with multiple people. Patrol contacted the individuals and counseled them.
Saturday, February 9
Suspicious Person—2:23 a.m.—Farquhar Avenue—The caller reported a woman who was wearing a red blouse and spinning around. The caller asked the woman if she was OK and she said no. The caller thought the woman might be under the influence of drugs or alcohol. The caller said they cold no longer see the woman, but could hear her and thought she might be talking to someone. Patrol contacted the woman and assisted her. There were no further details in the log.
IN ROSSMOOR
Monday, February 11
Suspicious Person in Vehicle—3:10 p.m.—Montecito Road and Bradbury Road.
Tuesday, February 12
Unknown Trouble—12:40 a.m.—Los Alamitos Boulevard.
Illegal Peddling—4:28 p.m.—Salmon Drive.
Wednesday, February 13
Suspicious Person or Circumstances—1:48 p.m.—Kempton Drive.
Burglary Report—4:02 p.m.—Orangewood Avenue—The log did not say if this was a residential or automobile burglary.
Suspicious Person or Circumstances—5:42 p.m.—Orangewood Avenue.
Unknown Trouble—11:24 p.m.— Los Alamitos Boulevard —An arrest was made as a result of this call. The individual has been released on bail.
Thursday, February 14
Unknown Trouble—1:19 a.m.—Foster Road.
Suspicious Person in Vehicle—9:23 a.m.—Rowena Drive.
Suspicious Person in Vehicle—6:21 p.m.—Rowena Drive.
Disturbance, Family Dispute— 8:19 p.m.—Rowena Drive.
Suspicious Person or Circumstances—8:49 p.m.—Silver Fox Road and Kempton Drive.
Friday, February 15
Disturbance—12:33 a.m.—Quail Run Road.
Suspicious Person or Circumstances—9:05 a.m.—Harrisburg Road.
Disturbance, Family Dispute—11:27 a.m.—Rossmoor Way.
Unknown Trouble—2 p.m.—Copa De Oro Drive.
Suspicious Person or Circumstances—2:17 p.m.—Rowena Drive.
Suspicious Person or Circumstances—2:40 p.m.—Norgrove Lane.
Suspicious Vehicle—3:04 p.m.—Walker Lee Drive.
Disturbance—10:36 p.m.—Wallingsford Road.
Saturday, February 16
Citizen Assist—9:40 a.m.—Davenport Road.
Ted Apodaca of the News-Enterprise contributed to this article.
