(Nov. 18, 2017) -- Los Angeles talkradio outlets KABC/AM 790 and KFI/AM 640 have both told their listeners about LBREPORT.com's report that the Los Angeles County Sheriff's Dept. has a policy in which persons sentenced to up to 180 days in jail for committing misdemeanor crimes are allowed to leave on the same day they're sentenced (LBREPORT.com coverage here).
On November 16, KABC radio's Doug McIntyre ("McIntrye in the Morning" show) and on November 17, KFI's John Kobylt (afternoon "John and Ken Show") did on-air phoners with LBREPORT.com publisher Bill Pearl. As previously reported by LBREPORT.com, LBPD told us that on October 30, a father walking with his two daughters along 2d St. @ Nieto Ave. was confronted by a man who struck him in the face and was later found by LBPD officers yelling and screaming. LBPD arrested the 39 year old alleged assailant; LB's City Prosecutor's office (which handles misdemeanors here) filed battery charges against him; at his arraignment, the defendant pleaded guilty to misdemeanor battery; the judge sentenced him to the maximum term for that crime of 180 days in jail...and he was released the next day. [Scroll down for further.] |
LBREPORT.com sought comment(s) or a statement from Sheriff McDonnell via an emailed inquiry to LASD's Public Information Unit. In response, we received an email from Nicole Nishida, Public Information Officer in the Sheriff's Information Bureau, stating: "At this time, the Los Angeles County Jail criteria indicates that if someone is arrested for a misdemeanor and is sentenced to 180 days or less then they are released that day."
LBREPORT.com then followed up, and learned that the Orange County Sheriff's Dept. and Ventura County Sheriff's Dept. apply protocols in which in which those found guilty serve their sentences but basically receive one day credit (if they behave.) Responding to a Nov. 13 emailed inquiry from LBREPORT.com, OC Sheriff's Dept. Public Affairs Manager Jaimee Blashaw emailed: Our inmates serve the maximum sentence allowed by state law. This is our protocol: Likewise responding to an inquiry from LBREPORT.com, Ventura County Sheriff's Dept. Media Relations Officer / Captain Garo Kuredjian said Ventura County's jail protocol is to apply a formula that typically results in roughly half the amount of a misdemeanor sentence: credit for 1/4 amount of the sentence for good behavior, plus 1/4 credit for work time (meaning a Ventura County inmate can receive credit for half of the sentence if he/she behaves while incarcerated.)
Some CA misdemeanors carry sentences of one year, but most carry sentences of six months. Thus it's possible that if a defendant is charged, convicted and sentenced to one of the one-year misdemeanors or to two or more six-month misdemeanors, that defendant might not be released the same day. But LBREPORT.com noted and reported the following information visible on the L.A. County Sheriff Department's website, indicating the same defendant in the October 30 Belmont Shore battery (details below) was (in chronological reverse order):
Based on the above information, if the defendant had served even 20% of his 340 day sentence imposed on August 31 (for which he was released a little over three weeks later) he wouldn't have been on 2nd St./Nieto on October 30 in the first place.
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 What took place on Oct 30 triggered multiple NextDoor.com social network postings. One woman, part of the Belmont Shore NextDoor group, subsequently told LBREPORT.com that she "noticed the alleged attacker min before the incident and...also witnessed the police arrest him...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 Los Angeles County Sheriff's Dept. operates County jails in the most populous County in the United States (a population larger than 40 states, including the nation's second largest City Los Angeles and CA's seventh largest city of Long Beach, plus over 80 other incorporated cities. Sheriff McDonnell, a former Long Beach Chief of Police, was overwhelmingly elected L.A. County's Sheriff in November 2014. He is up for re-election in 2018.
Dec. 22: The text above was amended to reflect information received Dec. 22 from the LB City Prosecutor's office indicating the defendant pleaded guilty on Nov. 1 and was released on Nov. 2. blog comments powered by Disqus Recommend LBREPORT.com to your Facebook friends:
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