Souza v. City of Antioch4/30/1997
anyone, had been injured or killed.
FACTS
Plaintiff married Joel Souza in 1983. The Souzas had two children, Nicholas, born in 1985, and Cheri, born in 1988. In 1990, the family moved to 4745 Hunter Peak Court in Antioch, California.
By 1993, the Souzas' marriage was foundering. After seeking counseling in January of that year Jennifer asked her husband for a divorce on May 24, 1993. He became violent, and threatened to kill her and the children. On the following day, armed with a gun, Joel kidnapped Nicholas and Cheri, leaving a note, which Jennifer found later. The note read, in part: "You have been loved, and made a life long comitment [ sic ]: for better or worse through good times & bad -- but your feelings sliped [ sic ] away and you let the comitment [ sic ] go with it -- and now you choose to share our children through divorce which is death to me . . . my children and I will go to our resting place since our lives here would just be shatterd [ sic ] -- I'm sorry to have to speak for our children . . . ."
Jennifer reported the kidnapping and turned over the note to the Antioch Police Department (APD). She sought and was granted a temporary restraining order requiring Joel to: return the children; move out of the house; and stay 100 yards away from her, Nicholas, and Cheri. APD Detective Scott Willerford issued an all points bulletin, alerting law enforcement authorities throughout the state that Joel Souza was armed and considered to be suicidal. After two days, with the help of Joel's brother, William, with whom Joel had a close relationship, Willerford resolved the situation and the children were returned home.
In the weeks that followed, Joel lived at his sister, Cynthia Poipao's, house. He was upset and despondent. He confided to his siblings that Jennifer had a boyfriend and that he was concerned about the children and certain business dealings he had with Jennifer's father. On July 6, 1993, the Souzas had a divorce settlement hearing, after which they entered a pendente lite stipulation, imposing standard mutual restraining orders. Under this agreement, the children would spend every other weekend with Joel under the supervision of his sister. Joel did not ask Cynthia before the hearing if she would perform this office, or tell her afterwards that he had stipulated to her participation in his parental visits.
On Saturday, July 10, 1993, Joel appeared with Nicholas and Cheri at the Brentwood Corn Festival. Poipao was not present. Joel confronted Jennifer, who was there with her boyfriend. Joel shouted obscenities at Jennifer, who reported the incident to the Brentwood Police Department.
In the first hours of Sunday, July 11, 1993, Jennifer arrived in front of the Lucky Store in Antioch to begin her work as a newspaper distributor. Joel, in a rented blue van, met her in the parking lot. Nicholas was in the back of the van. Cheri was on Joel's lap, and he had a gun pointed at her head. He told Jennifer: "If you don't get in this car, I'll blow her head off." Jennifer complied, and Joel drove them all to the house on Hunter Peak Court. He parked in the garage, and, leaving Nicholas and Cheri in the van, he ordered Jennifer into the house. There, he held her at gunpoint for an hour while he asked her a series of personal questions. Finally, he allowed Jennifer to go deliver her newspapers. He dropped her off at the Lucky Store again, ordering her to return to the house when she was done, and advising her that if she told anyone or did anything stupid, he would kill the children. For a few minutes, Joel drove back and forth past the garage where Jennifer went to bind her newspapers. A few minutes later, he telepho
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 California DUI Attorneys
DUI Lawyers
|