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Jury: female Border Patrol agent guilty of battery

Off-duty Border Patrol agent attacked another woman in Del Mar

Late today, a jury declared a female Border Patrol agent guilty of battery on another woman, after a public event on the Del Mar Fairgrounds, May 27, 2012.

The jury of nine women and three men heard Kallie Helwig testify in her own defense. Helwig admitted striking another woman at least three times in the head, but insisted that it was in self-defense because she felt threatened, and that she used her law enforcement training.

Kallie Lamb Helwig, 25, had been accused of lewd acts in public, and then attacking a woman who complained and summoned an usher, during an evening performance of Cirque du Soleil.

The jury found Kallie Lamb Helwig not guilty of one lewd act, and the jury could not come to unanimous decision on the other alleged lewd act. The acts were charged separately, as different acts that occurred at different times that same night, allegedly in public view.

The other defendant in the high-profile case, fellow Border Patrol agent Gerald Joseph Torello, 35, was not found guilty of any charges. He was specifically acquitted of one of the lewd acts, and the votes were favorable on the other two counts, which ended as deadlocked, 10-2, and 11-1, favoring “not guilty.”

Prosecutor Tracy Prior originally charged five counts, including lewd acts and battery and annoy child and making criminal threats; all were charged as misdemeanors.

Witnesses testified that they heard Gerald Torello threaten to “kill” someone if that person spoke again to his companion, Kallie Helwig; the judge dismissed this count mid-trial from jury consideration. Other misdemeanor counts of “annoy child,” for allegedly committing sex acts in front of small children, were also dismissed by the judge, mid-trial.

Both defendants have remained at liberty, since the alleged incidents.

The prosecutor said she has not decided if she will re-try the counts which were not decided by this jury.

The jury foreperson said after the verdicts, that defense attorneys successfully created reasonable doubt. She also said that a jury instruction which states that if the jury could come to two reasonable interpretations of what really happened, they must go with that interpretation of facts which favored the defendants, was important during deliberations.

Honorable Judge Harry Elias has ordered Kallie Helwig back to his courtroom on March 1, for sentencing, in San Diego’s North County superior courthouse.

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Late today, a jury declared a female Border Patrol agent guilty of battery on another woman, after a public event on the Del Mar Fairgrounds, May 27, 2012.

The jury of nine women and three men heard Kallie Helwig testify in her own defense. Helwig admitted striking another woman at least three times in the head, but insisted that it was in self-defense because she felt threatened, and that she used her law enforcement training.

Kallie Lamb Helwig, 25, had been accused of lewd acts in public, and then attacking a woman who complained and summoned an usher, during an evening performance of Cirque du Soleil.

The jury found Kallie Lamb Helwig not guilty of one lewd act, and the jury could not come to unanimous decision on the other alleged lewd act. The acts were charged separately, as different acts that occurred at different times that same night, allegedly in public view.

The other defendant in the high-profile case, fellow Border Patrol agent Gerald Joseph Torello, 35, was not found guilty of any charges. He was specifically acquitted of one of the lewd acts, and the votes were favorable on the other two counts, which ended as deadlocked, 10-2, and 11-1, favoring “not guilty.”

Prosecutor Tracy Prior originally charged five counts, including lewd acts and battery and annoy child and making criminal threats; all were charged as misdemeanors.

Witnesses testified that they heard Gerald Torello threaten to “kill” someone if that person spoke again to his companion, Kallie Helwig; the judge dismissed this count mid-trial from jury consideration. Other misdemeanor counts of “annoy child,” for allegedly committing sex acts in front of small children, were also dismissed by the judge, mid-trial.

Both defendants have remained at liberty, since the alleged incidents.

The prosecutor said she has not decided if she will re-try the counts which were not decided by this jury.

The jury foreperson said after the verdicts, that defense attorneys successfully created reasonable doubt. She also said that a jury instruction which states that if the jury could come to two reasonable interpretations of what really happened, they must go with that interpretation of facts which favored the defendants, was important during deliberations.

Honorable Judge Harry Elias has ordered Kallie Helwig back to his courtroom on March 1, for sentencing, in San Diego’s North County superior courthouse.

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Comments
8

She weeps, he grins. Is there any sort of "relationship" left between the two? At least a small measure of justice was dealt out today. That he got off with no conviction is really hard to accept. How often do you hear of an assault case involving two women? Not often, I'd say. She attacks a petite Asian medical doctor, who just happens to be an officer in the US Navy. She picked on the wrong woman. ( A matter of witness credibility.) So now she will "pay the price" which will likely be (given the double standard involving "law enforcement" types) three hard whacks on the wrist with a ruler, and maybe a year of probation. Will the Border Patrol fire her? Don't bet on it. Oh, there is probably a moral turpitude section of the standards of conduct for BP agents, but if those are invoked as grounds to dismiss her, well, who knows?

Eva, thanks for the rapid update.

I's say this is a case in point for why society has to be very careful in selecting the people it hires as cops. And if you don't think of the Border Patrol as cops, think more closely.

Feb. 11, 2013

The prosecutor said she has not decided if she will re-try the counts which were not decided by this jury.

10-2 and 11-1 for not guilty, the case is OVER for the guy, he beat the rap, the DDA will not get the go ahead from her supervisor to re-try with those rations of not guilty.

Feb. 11, 2013

Bingo! He walks. She, well, well, we'll see what happens to her with her misdemeanor assault conviction. My philosophy is that if you want to tie one on, don't do it in public. Home is the place for overindulgence, not the Fairgrounds. But sex, drugs, and rock 'n roll will get them every time, especially when the drug is the favorite drug of choice, booze.

But the BP might want to look at the sworn testimony of his conduct. If nothing else, it would appear as if he can become a loose cannon, and no law enforcement agency needs one of those. Put him out on Otay Mountain with a telescope permanently.

Feb. 11, 2013

She should be fired, she is only 25 so she has not had her LE job long, and for such egregious misconduct at such an early part of the LE career, well, that is not dogs news for her.

I Highly doubt she will e canned though. In the real world if this were in the private sector she would have been canned the day charges were filed.

Feb. 12, 2013

So, I suppose that you are saying that neither will be fired, despite the sworn testimony that illustrates their penchants for thuggery. And that means that anyone who encounters them can anticipate getting beaten up. While I'm no bleeding-heart, thugs have no place in our law enforcement agencies, even if they only deal with illegal entrants, and if no other reason than they do occasionally mistake a citizen for something else.

Feb. 12, 2013

The guy was not convicted, so I cannot say he is a thug. But the woman was, and she should be canned, as she is now a walking, talking risk liability. Can you imagine the lawsuit liabiity if she keeps her job and is accused of misconduct somewhere down the road??? Yikes!!!

Feb. 12, 2013

While it failed to convince a jury, there was sworn testimony of his aggressiveness and inability to maintain self-control while under the influence. The BP ought to look closely at that, and if he stays employed, needs to be either isolated from public contact (rather hard to do in law enforcement) or closely watched.

Agreed, she's a ticking time bomb.

Feb. 13, 2013

...or closely watched.

Although I do not think he can be fired over this, it IS a red flag and you are on the money, they will be watching him like a hawk.

Feb. 13, 2013

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