District Attorney Files Felony Charges Against Homeowner for Removing Trees

District Attorney Files Felony Charges Against Homeowner for Removing Trees title=
1700 block of Paterna Road (Photo: Google Maps)
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Source: Santa Barbara County District Attorney

Santa Barbara County District Attorney Joyce E. Dudley announced today that a felony complaint has been filed against James Allen Carr, 76, of Elk Grove, California and Enriquez Calles Vasquez, 51, of North Highlands, California. Mr. Carr and Mr. Vasquez have been charged with two felony violations; Conspiracy to Commit Vandalism, in violation of Penal Code section 182(a)(1), and Vandalism causing damage over $10,000, in violation of Penal Code section 594(a)(3). Additionally, Mr. Carr and Mr. Vasquez are charged with 3 misdemeanor violations of Santa Barbara Municipal Code section 15.20.115 (Unlawful Tree Removal from a Parkway), and 1 misdemeanor violation of Santa Barbara Municipal Code section 15.24.020 (Unlawful Tree Removal from a Setback).

It is alleged that in December of 2020, Mr. Carr and Mr. Vasquez illegally cut down and removed 3 Eugena Trees owned by the City of Santa Barbara, and located on City of Santa Barbara property in front of a house on Paterna Road on the Riviera, owned by Mr. Carr. It is also alleged that Mr. Carr and Mr. Vasquez illegally removed a 4 th Eugena Tree located on Mr. Carr’s property. The Eugena Trees are estimated to have been over 50 years old, and the cost of replacing the 3 City of Santa Barbara-owned trees is estimated to be over $100,000.

Mr. Carr and Mr. Vasquez were previously charged by the Santa Barbara City Attorney in January 2021 with the 4 misdemeanor Municipal Code violations, and those charges are still pending, however the District Attorney’s felony complaint has incorporated those 4 misdemeanor charges and the District Attorney’s Office will take over the prosecution of the case going forward.

The Arraignment on the Felony Complaint is set for July 12, 2021, in Department 8 of the Santa Barbara Superior Court.

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sacjon Jul 02, 2021 04:07 PM
District Attorney Files Felony Charges Against Homeowner for Removing Trees

DUKE - the owner of the property being vandalized is completely irrelevant here. You keep dodging what we all know to be true. If a homeless person or gang banger cut down or in some way damaged ANY trees to the tune of over $10,000 EVERYONE here would be screaming bloody murder and demanding Dudley arrest them and "throw the book at them."

Heck, ANDREA SMITH is demanding that homeless people be charged for felonies for accidentally burning a tree. Can you imagine if they WILLFULLY ripped one down?

This is beyond ridiculous. I'm going to go drink by the pool. HYPOCRITES, the lot of you.

dukemunson Jul 02, 2021 03:29 PM
District Attorney Files Felony Charges Against Homeowner for Removing Trees

That being said I do think it's a bit of false equivalency. While the tree at the edge of your driveway isn't "yours", it is directly in front of your house and you get to deal with (and are responsible) for it's leaves, falling limbs and pipe attacking roots. That definitively in my mind makes it less of a crime then someone vandalizing or cutting down a random tree...which, also though wouldn't be a felony as a first offense.

sacjon Jul 02, 2021 02:28 PM
District Attorney Files Felony Charges Against Homeowner for Removing Trees

Does anyone read the article before commenting? "Vandalism causing damage over $10,000, in violation of Penal Code section 594(a)(3)" - that is a felony charge of vandalism, therefore, he's being charged with felonies. Again, Dudley is overcharging given the circumstances and this will likely be knocked down in a plea bargain, but still...... you people gotta read!

Hypothetical: What if some young kid (or gasp, a "gang banger") spray painted these trees and was charged with felony vandalism? COAST et al, would you all still be screaming "it's unfair?" What if a homeless person chopped down these trees? HONESTLY, what would you people be saying? Vandalism is destruction of property that doesn't belong to you. There are consequences.

dukemunson Jul 02, 2021 02:50 PM
District Attorney Files Felony Charges Against Homeowner for Removing Trees

He’s noted that they have valued the trees over 100k and as such it “has to be a felony”… except that’s a ridiculous number to anyone and everyone with any sense of proportion and logic. And where’s the intellectual dishonesty? You called people out for being “law and order” and then not caring about a tree… while embodying the exact opposite, being against “law and order” except when it involves a tree… at which point you want to go medieval on the guy. Where’s the intellectual honesty on your part again? Conversely though I see a good amount of humour in your hypocrisy.

dukemunson Jul 02, 2021 02:33 PM
District Attorney Files Felony Charges Against Homeowner for Removing Trees

It’s obviously a real spectacular stretch to call the value of these tree/shrubs “over 100k”. And I think the fact that it was in front of their house makes the comparison to gang bangers or homeless a bit tenuous. Again… wrong and illegal and deserving punishment… but just a wild over the top bit of charging.

MarcelK Jul 02, 2021 02:32 PM
District Attorney Files Felony Charges Against Homeowner for Removing Trees

It's not so much about not reading as about people who pose as being concerned with "law and order" but actually have no respect for the law and only care about whether the outcomes are what they desire. Thus we get "Forget about this crime, what about this thing I don't like?"

sacjon Jul 02, 2021 02:23 PM
District Attorney Files Felony Charges Against Homeowner for Removing Trees

The trees were "owned by the City of Santa Barbara, and located on City of Santa Barbara property[.]" Bottom line. Done. You are not allowed to destroy, take, mutilate, modify, etc property that DOES NOT BELONG TO YOU. Felony? Eh, Dudley is the Queen of Overcharging. BUT.... you don't get a free pass when you destroy stuff that belongs to other people. Do you all really want to allow that?

dukemunson Jul 04, 2021 08:32 AM
District Attorney Files Felony Charges Against Homeowner for Removing Trees

Multiple felonies (and their corresponding consequences) are, by definition, punishment… so what are you talking about ?

The extremes on the left and right are the problem. They selectively want to enforce laws (and selectively want to wildly over punish) when it suits their desires…

dukemunson Jul 02, 2021 04:11 PM
District Attorney Files Felony Charges Against Homeowner for Removing Trees

Sac - I don’t really like being lumped in with other people whom I dont know and haven’t agreed with. That being said, no, UNEQUIVOCALLY (and from the heart) NO! If a homeless person vandalised a Eugenia tree I would not want them charged with a felony.

The 100k number is insane and escalating it to that is insane. A hefty fine with the original charges was sufficient and justifiable. This is Dudley trying to make a point but to me doing so illogically.

sacjon Jul 02, 2021 04:03 PM
District Attorney Files Felony Charges Against Homeowner for Removing Trees

DUKE - vandalism causing damage over $10,000 is a felony. Period. If it's over $400, less than $10K, then it's a wobbler (can go either way).

AGAIN.... if a homeless person or gangster caused more than $10,000 of damage to some trees (no matter who owns them), would you still be here crying foul and demanding that person get some leeway? Honestly, from the heart, would you or others here be saying the same thing? You KNOW you would not.

dukemunson Jul 02, 2021 03:49 PM
District Attorney Files Felony Charges Against Homeowner for Removing Trees

I appreciate the Inigo Montoya reference, but everything else is nonsense.

You are clearly defending "over the top nutty charges", which deserves to be called out. I floated that there has to be mitigating circumstances for the insanity of the charges, her living on the street would be a (obviously insanely unlikely) example of a humorously evil/wrong mitigating factor...the truth is more likely it just had a ring to it and she liked the sound of big charges (or maybe her left toe tingled and that did it, as she does have a history of some bizarre charges). No one here knows "all of the details", not you, not I, not Sac, not Ms Dudley...but from what we do know it seems nutty to go for felonies. That's a plain and simple (and obvious) truth to someone with any honesty or sense or proportion.

What honesty or proportion have you shown? Your posts are an example of a zealous passion for punishment with no seemingly no sense of proportion or reality. Does the tree cutter have 6 fingers on his right hand or what's the deal...?

MarcelK Jul 02, 2021 03:36 PM
District Attorney Files Felony Charges Against Homeowner for Removing Trees

"Do you always wildly misquote people?"

It's a paraphrase that captures the implicit content, not an actual quote. No remotely honest person would characterize me as misquoting you or Mr. B.

"Pretty much everyone on here has noted the seemingly over the top nature of the felony charges"

Sure, which is why attacking people here for defending over the top charges and accusing them of being at the nutty extremes fails.

"obviously ms Dudley doesn’t live on this street"

Obviously you floated the idea that she does.

"there seemingly has to be some mitigating factor being used to justify this over the top charging"

See my paraphrase again: "I don't know all the details of how this charge developed so I will [just make stuff up]".

And I do not think that word means what you think it means.

The rhetorical quicksand of those with no intellectual scruples grows tiresome quickly, so I will refrain from further exchange.

dukemunson Jul 02, 2021 03:13 PM
District Attorney Files Felony Charges Against Homeowner for Removing Trees

Not a felony. Now if they went around doing this repeatedly or you start getting into mature Oaks and/or on other people's property it could obviously reach a felony...but not in this case (or the homeless Paul Bunyun). I also think it's a bit of an apple's to oranges comparison as these trees were in front of the guys house. In your example it's more akin to someone hating a neighbors trees or a tree down their street and cutting them down. I think the fact that it's on (or at least directly in front) of his property lessens the crime. And again...multiple felonies!!! Maybe he's done this before and/or something else is in play, but from what facts I've seen it seems wildly over the top.

dukemunson Jul 02, 2021 02:55 PM
District Attorney Files Felony Charges Against Homeowner for Removing Trees

Do you always wildly misquote people?

Pretty much everyone on here has noted the seemingly over the top nature of the felony charges… with some liking it as a deterrent and others horrified at its insanity.

And obviously ms Dudley doesn’t live on this street… but there seemingly has to be some mitigating factor being used to justify this over the top charging.

dukemunson Jul 02, 2021 02:28 PM
District Attorney Files Felony Charges Against Homeowner for Removing Trees

No, but that doesn’t mean it’s right to charge multiple felonies. I don’t want people stealing, but I’m glad we’re not cutting off their hands for it anymore.

Perhaps there is more to the story (or Ms Dudley lives on this street) as this seems pretty nutty…

Byzantium Jul 02, 2021 01:28 PM
District Attorney Files Felony Charges Against Homeowner for Removing Trees

How much of our local water resources are sucked up every year to maintain our highly protected non-native "urban forest" - ground water as well as supplemental irrigation water. We know the lemon orchards of yore used more water than the housing tracts that replaced them, so someone must know how to do this calculation for our current "urban forest". Oaks widely scattered and sycamores near creeks appear to be the only natives, as shown in early drawings - a very treeless locale. Good UCSB project - calculate the local water table in relation to expansion of non-native vegetation plantings in this area so facts can support future water needs. As well as a slow conversion to more environmentally friendly urban forest plantings.

fewtile Jul 01, 2021 04:30 PM
District Attorney Files Felony Charges Against Homeowner for Removing Trees

OK...lets start a grand jury investigation; it must have something to do with 'white privilege', its gotta.
Things must be slow at he D.A.'s office....once again I'd love to see the Chinese lantern trees cut down in my neighborhood ... and the city arborist tarred and feathered for promoting said tree choice.

Byzantium Jul 01, 2021 02:29 PM
District Attorney Files Felony Charges Against Homeowner for Removing Trees

Who is starting these vagrant camp fires? If our authorities do not know who is living in these crime riddled tent encampments already, like they certainly track known gang members elsewhere in this city, they are wholly deficient in their task of protecting public safety. They should know exactly who started the fires in each and every camp. And have full documentary evidence on file, just like every other property-owning resident in this town has a public file open to anyone who wants this individual's contact information. One more example of two systems of justice- (1) data base on every legal property owner along with full property taxation requirements subject to penalties and confiscation, and (2) vagrants, who escape every consequence for their lawless conduct, simply because they are tolerated as squatters by our city council.

Humanitarian2003 Jul 01, 2021 01:15 PM
District Attorney Files Felony Charges Against Homeowner for Removing Trees

Trees are living beings, not arbitrary inert pieces of matter. Trees make oxygen and remove carbon dioxide. Trees on public property especially should not be even considered for removal by private residences or by independent contractors without full mitigation and approval from the populace.

PitMix Jul 01, 2021 02:08 PM
District Attorney Files Felony Charges Against Homeowner for Removing Trees

Was it the City's property, or was it private property but covered by the City's easement? The City owns the street but usually private property starts at the curb. The City controls what happens on their easement but take no liability when their trees cause your sewer system to back up. They have their cake and eat it too.

sacjon Jul 02, 2021 11:02 AM
District Attorney Files Felony Charges Against Homeowner for Removing Trees

COASTWATCH - again, when has a homeless person been caught intentionally starting fires (arson) and let go without charges? You and ANDREA keep harping that homeless people aren't being charged with felonies for burning things down, but poor old rich white guys are getting held accountable. You can say it as much as you want, but until you provide even a scintilla of evidence, it's just an angry lie, nothing more.

sacjon Jul 01, 2021 03:28 PM
District Attorney Files Felony Charges Against Homeowner for Removing Trees

ANDREA - calm down. You know you're wrong, it's ok, you're mad about it, fine. BUT, if you are going to continue claiming that homeless arsonists are not being arrested/charged, back it up with some proof. I'm only a "bully" or "aggressive" when I see flat out lies, like yours.

Andrea Smith Jul 01, 2021 02:49 PM
District Attorney Files Felony Charges Against Homeowner for Removing Trees

SACJON given your aggressive and inaccurate response seems as if you know it's true and it hits a button for you b/c you realize the hypocrisy and can't defend it so you just get aggressive instead, and bullyish/insulting. Typical tactic I see on here and it gets tiring.

sacjon Jul 01, 2021 02:27 PM
District Attorney Files Felony Charges Against Homeowner for Removing Trees

PIT - right. First you have to catch them though. Also, the warming fires might not be intentional. So, you have to actually catch the person who started it AND determine it was intentional before you can charge them. Not always easy to do. Definitely not as easy as the lazy argument: "(fill in the blank) gets charged, but (fill in the blank with whatever group you hate - immigrants, homeless, etc) never get charged." It's truly an embarrassingly lazy and hateful argument I see over and over here. Just use and adapt the formula to the "evil group" du jour.

Byzantium Jul 01, 2021 02:25 PM
District Attorney Files Felony Charges Against Homeowner for Removing Trees

If our authorities do not know who is living in these crime riddled tent encampments already, like they certainly track known gang members elsewhere in this city, they are wholly deficient in their task of protecting public safety. They should know exactly who started the fires in each and every camp. And have full documentary evidence on file, just like every other property-owning residents has a public file open to anyone who wants this individual's contact information. One more example of two systems of justice.

sacjon Jul 01, 2021 11:56 AM
District Attorney Files Felony Charges Against Homeowner for Removing Trees

ANDREA SMITH - why do you think they don't? Have they ever caught someone (other than the TV Hill arsonist who is being charged with multiple felonies) and then not charged them with anything? Name one instance where they caught a homeless person starting a fire and then released them with no charges.

Or, are you just making up "facts" to complain?

CreekMoe Jul 01, 2021 10:07 AM
District Attorney Files Felony Charges Against Homeowner for Removing Trees

The street photo looks normal. need a before and an after photo. on google?
or there are just a few tree limbs growing over the street
right of way and are probably a hazard. maybe tree maintenance should be a
job for the road service or Cal Fire? or local FDs.
I doubt the city prunes or maintains their trees. nor their shrubs that block the
sidewalks. or shrubs grow fast and add to fires. need to ban some risky kinds.
so the solution is to transfer tree ownership to the land owner or renters or the
homeless. let them sell the firewood. and help prevent large city tree fires.
years ago, some clown snitched on a home owner who was removing ugly messy pine trees from own property - trees were on the owner side of the sidewalk.
if the city does not maintain their trees, there should be a law that gives residents
the job. and let them bill the city for the work. no permit needed. limit fine to $5,
and less if more trees are removed.

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