SAN DIEGO — Derris Devon McQuaig took legal title to the downtown ballpark away from the city and the Padres two years ago by walking into the San Diego County Recorder’s Officer and submitting a properly filled-out deed transfer.
Seriously.
County and city officials have been quietly trying to remedy the situation ever since, but a felony fraud case against McQuaig was dismissed last week after a judge ruled he’s not mentally competent to be prosecuted.
Because no actual sale or transaction took place, government officials and real estate experts say there’s essentially no chance of McQuaig taking control of the property, which was recently appraised at $539 million and is slated to host its first All-Star game in July.
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So county officials quickly alerted the District Attorney’s Office, prompting a criminal case against McQuaig which, if successful, would have voided his title and wiped it from the public record.
Steve Spinella, the deputy district attorney who prosecuted the case, said his goals included seeking punishment for a clear case of fraud and rectifying the situation for the city and the Padres.
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Psychiatric examination by Dr. Michael Takamura, however, determined that McQuaig was not mentally competent and that "there is no substantial likelihood that the defendant will regain mental competence in the foreseeable future."
That prompted Superior Court Judge Steven Stone to dismiss the criminal case on Dec. 16, order McQuaig committed to Patton State Hospital in San Bernardino County, and give psychiatric security personnel there the authority to administer antipsychotic medication against McQuaig’s will.
Spinella said that decision eliminated any chance of voiding the deed under criminal law.
"The statute is very specific that a conviction is required," he said. "There’s just no avenue forward. We certainly want to achieve justice for victims, but we can only do so within the confines of our jurisdiction."
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"As long as he’s crossed his t’s and dotted his i’s and filled in the blanks sufficiently on the grant deed, we’re required to record it," Olson said. “He had no legal authority to transfer Petco Park to himself, but it becomes part of the public record.”
