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DA's Office Declines To Charge 80-Yr Old Long Beach (Los Cerritos) Homeowner, Victim Of July 2014 Burglary/Robbery/Assault, Who Fatally Shot Female Accomplice; DA's Narrative Includes Details Of What It Says Occurred


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(Jan. 26, 2015) -- The L.A. County Disrict Attorney's office today (Jan. 26) released a report with a detailed narrative accompanying the DA's decision not to file criminal charges against an 80 year old Long Beach (Los Cerritos neighborhood) man who returned home from work on July 22, 2014 and was allegedly assaulted by a man and a woman who proceeded to burglarize and rob his home.

While the pair was committing the alleged burglary, the victim managed to retrieve a personal handgun and fired shots at the two, hitting the woman who died of her wounds.

The DA's office today released its Charge Evaluation Worksheet (dated Dec. 5, 2014) in the case. LBREPORT.com provides its narrative text below. It speaks for itself.

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The DA's narrative cites CA Penal Code section 198.5 which provides:

Any person using force intended or likely to cause death or great bodily injury within his or her residence shall be presumed to have held a reasonable fear of imminent peril of death or great bodily injury to self, family, or a member of the household when that force is used against another person, not a member of the family or household, who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence and the person using the force knew or had reason to believe that an unlawful and forcible entry occurred.

As used in this section, great bodily injury means a significant or substantial physical injury.

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LBREPORT.com also notes the general principle that in addition to seeking convictions, all prosecutors have a special legal duty to ensure that justice is done...a matter giving prosecutors discretion on what charges to pursue or not pursue.

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Regarding the alleged perpetrators: the DA's office has filed charges -- including one count each of murder [felony murder], residential robbery, residential burglary, grand theft of a firearm and a felon in possession of a firearm -- against Gus Adams, 26, of Long Beach, whom LBPD arrested after he fled the scene. The DA also filed charges against Ruby Adams, 49, the mother of Gus Adams, charging her with first degree residential burglary and first degree residential robbery.



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