There is an old expression used when a boss or manager appears to be absent and out of touch, or when an entity or organization falls short of its objectives: Who is minding the store?
As his tenure as San Francisco District Attorney creeps along with less than favorable results, this question is being asked by some in the political arena. But more importantly, this question is being amplified by the residents of this city who see George Gascon as nothing more than an empty suit. Their disappointment and frustration is echoed at all the community meetings that I have attended. Based on what we at the POA have witnessed, we must agree.
A District Attorney's primary responsibility is to prosecute those who have been arrested for committing crimes. These cases are brought forward by law enforcement agencies and they must be reviewed and scrutinized by the the DA's office before they determine if the case rises to the level of a filing.
As an Officer, and later as an Inspector in the SFPD assigned to investigations for many years, I have dealt with many Assistant District Attorney's dating back to when Arlo Smith was the District Attorney. I must say that those ADA's I have worked with were dedicated, professional, and ethical attorneys. Each demonstrated passion and commitment to their job and to the community that they serve. Yet, many of the case dispositions are not decided by these local veteran experts. They are decided by the department head. These days, that would be former LA beat cop George Gascon, or occasionally handed off to his hand-picked Chief of Staff -- former Los Angeles County Deputy Public Defender Cristine DeBerry.
Since George Gascon was appointed to DA in 2011 by then Mayor Gavin Newsom in a shady backroom, closed door political deal, Gascon's felony and misdemeanor filings have plummeted. For those who are familiar with Gascon this should not be surprising since he is a District Attorney that has never prosecuted a felony or misdemeanor criminal case. Gascon has never stepped foot into a courtroom as an attorney whether it be criminal or civil. That's right. A district attorney that has never made a motion or an objection in court, let alone trying a case on behalf of the people, but he is in charge of all prosecutions in San Francisco? This must be a first in the State of California.
Here are a few statistics from the District Attorney's Annual report, followed by a few statistics for the SFPD, per the Department of Justice.
Total Cases Filed (felony & misdemeanor) by the DA's office
2012: 12,000
2013: 8,366
2014: 6,220
Total Arrests (felony & misdemeanor) by SFPD
2012: 18,365
2013: 19,069
2014: 16,419
Simple arithmetic shows that the DA filed 65% of the cases in 2012, 43% of the cases in 2013, and 38% of the cases in 2014 while arrests by SFPD increased 3.7% from 2012 to 2013 but decreased 13.9% from 2013 to 2014. This has all occurred while the SFPD has been understaffed by approximately 300 officers, and while the DA's office has continued to replace seasoned veteran ADA's. Since Gascon took office 30% of the senior ADA's have left the DA's office due to disagreements in Gascon's policies, procedures, and practices. I’m sure Public Defender Jeff Adachi is very pleased.
The statistic that is most disturbing is the felony filings. These are largely aggravated assaults, domestic violence, and firearm violations. These filings have fallen from 6,054 in 2010, to 3,255 in 2015. You do the math. Any way you slice it, it's not good.
While the POA continues to applaud the Assistant District Attorney's that work tirelessly to pursue justice in the criminal courts, it has come to the attention of the POA that some cases are being "given away" by Mr. Gascon. Here are just a couple of examples. Draw your own conclusions.
On February 23, 2015, a duo of previous convicted criminals went on an armed robbery spree. Troy Barnes and Nathaniel Castro conspired to commit several armed robberies that day. The first was in the Noe Valley where Barnes jammed a gun in the back of the store clerk during the robbery while his accomplice Castro waited in the get-away vehicle. This was all captured on video.
Both Barnes and Castro were then captured on video purchasing latex gloves and surgical style masks at a Walgreens store on Divisadero and Castro Streets.
Barnes and Castro then proceed to the outer Richmond District where Barnes enters a store, sticks the gun in the back of the clerk and cocks it. During the robbery his accomplice Castro is again waiting in the get-away vehicle. This was also captured on video.
The gun totting partners in crime then made their way out to Ocean Avenue where they both entered another market wearing gloves and masks. Barnes points the gun directly in the face of the clerk and robs him. An off-duty SFPD officer who was outside the shop witnessed the incident, called it in, and provided a detail description of both suspects. Uniformed officers arrive on the scene and take Castro into custody. This was all captured on video. Barnes flees the scene but was taken into custody four days later.
Three independent witnesses, as well as the off-duty officer, identify the suspects. After waiving his Miranda rights, Castro admits to the three robberies with Barnes as his accomplice. The case is charged through the District Attorney’s Office. The case proceeds through Superior Court. Now the time comes for either a plea agreement or to proceed to trial.
This is when the case lands on the desk of George Gascon. What was the disposition they reached with the Public Defender and the Court?
Castro: County Jail, 1 year suspended sentence, credit for time served, no jail, 3 years unsupervised probation. Out of custody.
Barnes: 6-months county jail, 193 days of credit, 3 years unsupervised probation, Out of custody.
And here are a couple of more career criminal who were arrested by SFPD for auto theft, auto burglary, firearm violations, and stolen property but were simply given a pass from Gascon. (And the public wonders why property crimes are dramatically on the rise?)
Fasi Fotu
- Arrested February 16, 2013: stolen vehicle, ex-felon in possession of a firearm with obliterated serial number, resisting and delaying arrest.
- DA's Disposition: Dismissed-Interest of Justice. Out of custody
- Arrested May 7, 2015: stolen vehicle, possession of stolen property, possession of a prohibited firearm, possession of methamphetamine, resisting arrest.
- DA's Disposition: Dismissed-guilty plea to other charge (unknown what that charge is). Out of custody
- Arrested August 29, 2015: stolen vehicle, aggravated assault, armed robbery, reckless evading, possession of stolen property, resisting arrest.
- DA's Disposition: 40-days county jail credit for time served 3-years unsupervised probation. Now out of custody.
- Arrested December 2, 2015: carjacking, possession of stolen property, stolen vehicle, felon in possession of stun gun, driving on a suspended drivers license.
- DA's Disposition: Dismissed-proceed to motion to revoke probation (unknown if probation has been revoked)
Sir Latour
Arrested December 10, 2012, November 8, 2014, December 18, 2014, February 5, 2015, and April 17, 2015 for stolen vehicle, possession of stolen property, possession of an illegal firearm. and possession of narcotics.
DA's Dispositions: Dismissed-lack of evidence or proceed with other charges (unknown at this time).
These miscarriages of justice are only the tip of the iceberg when it comes to cases not being filed by George Gascon.
Everyone accused of criminal conduct is entitled by law and due process for their day in court, up to and including a fair trial. However, criminals arrested in San Francisco need not worry about the consequences of victimizing innocent city residents and visitors.
But, if you happen to be a local store owner or run a small mom-and pop business in the neighborhood, beware: George Gascon is giving away your store.
Slainte!
