Man Found Yelling/Screaming On 2nd St. In Belmont Shore Is Charged By City Prosecutor With Battery For Striking A Father (Walking With His Two Daughters), Pleads Guilty, Is Sentenced To 180 Days...And Is Swiftly Released
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(November 3, 2017, 11:45 p.m.) -- LBREPORT.com has learned that a man LBPD officers observed yelling and screaming after he struck a father walking with his two daughters along 2nd St. at Nieto Ave. in Belmont Shore was swiftly charged by LB's City Prosecutor's office with misdemeanor battery, pleaded guilty to the charge at his arraignment, was sentenced to the maximum for the misdemeanor offense of 180 days in jail and was released by the L.A. County Sheriff's Dept. later the same day.
The L.A. County Sheriff's Dept. website indicates the defendant was given a 180 day sentence on November 1, and released at 8:46 p.m. on November 2.
Long Beach City Prosecutor Doug Haubert, whose office handles LB misdemeanors, told LBREPORT.com that his office charged the defendant with battery (Penal Code section 242), to which the defendant pleaded guilty at his arraigment . The judge imposed the maximum sentence of 180 days in jail, and the Sheriff's Dept. released the defendant at 8:46 p.m. the next day.
In an emailed statement to LBREPORT.com tonight (Nov. 3), City Prosecutor Haubert said:
[City Prosecutor Haubert] Early release of violent and dangerous criminals is happening too frequently. Here is an example of a criminal who was arrested by police, prosecuted to the fullest extent the law would allow, and he received the maximum punishment. Then he is released right away.
In too many instances, the system is failing. I spoke with Sheriff Jim McDonnell today [Nov. 3] and he shares my concerns 100 percent. The release of a criminal like this should serve as a wake up call for policy makers who still don't understand how dysfunctional the system has become. I plan to work with our Sheriff and other prosecutors to put a spotlight on cases like this one.
The L.A. County Sheriff's Dept. website also indicates that the defendant's most recent prior arrest was on Aug. 31, 2017 for a charge level of misdemeanor (no details), was sentenced on Sept. 5, 2017 (three items) to 90 days, 90 days and 340 days...and released on Sept. 23, 2017. In other words, if the defendant had served even 20% of his previous 340 day sentence, he wouldn't have been on 2nd St./Nieto on October 30 in the first place.
What took place isn't a "Prop 47" issue (felony reduced to misdemeanor) or an AB 109 issue ("realignment" of state prison felony incarceration.) It was an originating misdmeanor for which a defendant was charged, pleaded guilty, received the maximum misdemeanor term a judge can impose and was then basically allowed to walk out of jail.
UPDATE: Councilwoman Suzie Price (an OC Deputy DA) has emailed LBREPORT.com a response saying we are quite mistaken in our assertion about Prop 47 and AB 109 impacts that has caused us us to rethink our statement. LBREPORT.com has published Councilwoman Price's email at length at this link.
As previously reported by LBREPORT.com, LBPD Public Information Officer Nancy Pratt told LBREPORT.com:
On 10/30/17 at approx. 6:30 p.m., officers responded to 2nd Street & Nieto Avenue regarding a battery call
When officers arrived, they observed a male subject yelling and screaming
The officers' investigation determined the male subject had confronted a man and his two daughters
The subject then [allegedly] struck the man in the face
There was a struggle between the male subject and the male victim
A witness came to assist the male victim until police arrived
The male subject, identified as 39-year-old Damon Reed of LB, was then taken into custody
He was booked for battery and held at the LB City Jail on $750 bail
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What took place on Oct 30 has triggered multiple NextDoor.com social network postings. One woman, part of the Belmont Shore NextDoor group, told LBREPORT.com that she "noticed the alleged attacker min before the incident and...also witnessed the police arrest him...He [appeard to be] clearly mentally ill. The behavior he displayed was not at all normal. He was talking and yelling to himself, very angry. It was not directed at anyone. When he was arrested, he did not even resist. More than anything, I felt very sorry for the man. I wish there was an institution that would take these people, instead of allowing them to roam the streets by themselves.
The L.A. County Sheriff's Department website indicates the defendant was previously arrested on (chronological reverse order):
Aug. 31, 2017 with a charge level of misdemeanor (no details), sentenced on Sept. 5, 2017 (three items, no details) to 90 days, 90 days and 340 days...and released on Sept. 23, 2017.
July 11, 2017, with a charge level of misdemeanor (no details), sentenced on July 13, 2017 to probation (two items) and sentenced to 300 days on a third item...and released on August 1, 2017.
Nov. 19, 2016, with a charge level of misdemeanor (no details), sentenced on November 23, 2016 to 150 days on one item, probation on a second item (with a court date of January 5, 2017)...and released on December 19, 2016.
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Developing. Further to follow on LBREPORT.com
Dec. 22: The text above was amended to reflect information received Dec. 22 from the LB City Prosecutor's indicating the defendant pleaded guilty on Nov. 1 and was released on Nov. 2.
