BONITA, Calif. — The San Diego district attorney's office plans to file second-degree murder charges against a local plastic surgeon, who performed breast-implant surgery on a woman who later died.
Police arrested Dr. Carlos Chacon Thursday at his office in Bonita. He remains in custody without bail.
Chacon previously was charged with manslaughter in the death of Megan Espinoza, 36, a mother of two.
Espinoza died weeks after undergoing outpatient breast implant surgery in 2018 at the Divino Plastic Surgery offices in Bonita.
Three years later, prosecutors charged Dr. Chacon and one of his nurses with involuntary manslaughter.
CBS 8 has learned, the San Diego County District Attorney plans to file an amended complaint on Monday, charging Chacon with the more serious crime of second-degree murder, according to an arrest warrant filed in the case.
Attorney Christian Jagusch (along with co-counsel Allison Worden) represented Espinoza's family in a lawsuit that resulted in a large monetary settlement last year.
“Involuntary manslaughter carries up to four years, a reckless homicide or sometimes referred to as secondary murder charge carries 15 years to life. So, it is it's a pretty big and significant penalty,” said Jagusch.
“The family is pleased to see that justice is being served for Megan, and further charges, and more responsibility, at least for Dr. Chacon is really what they want,” the attorney said.
The arrest warrant alleges Dr. Chacon performed the surgery on Espinoza under "conscious sedation" that resulted in cardiac arrest; and that Chacon had no anesthesiologist in the room, there was loud music playing during the operation, he failed to call 911 for 3 hours after Espinoza went into cardiac arrest, and lied multiple times about the woman's condition.
The Espinoza family is frustrated, Jagusch said, because, despite the criminal charges, Dr. Chacon is still licensed to practice medicine.
“Hopefully this will get the attention of the Medical Board and legislators to make changes so that patients are protected,” he said.
Chacon will remain in custody until his Monday hearing when he is expected to be arraigned on the amended complaint.
CBS 8 reached out to Dr. Chacon's defense attorney for comment, but we did not receive a response.
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