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Why more local LA cases are diverted for prosecution – NBC Los Angeles
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A variety of local law enforcement officials say arrests and investigations traditionally prosecuted by the LA County District Attorney’s Office, including certain drug, gang, and gun cases, are being re-routed more frequently by police to federal prosecutors in efforts to obtain harsher penalties.
Some of the most visible examples, the officials said, have been in fentanyl death investigations, where, until recently, DA George Gascón had said he did not support filing murder charges against drug suppliers responsible for overdose deaths, and said through a spokesman in 2021 that increased penalties for drug offenses do not save lives.
Now, members of a local task force who specialize in drug supplier death investigations are often going directly to federal authorities.
“They no longer had confidence after meeting with upper management, and they have not brought any more cases to the District Attorney’s office,” said Brian Schirn, a 30-year veteran prosecutor and the Head Deputy of the narcotics unit at the DA’s office, speaking to the I-Team as a private citizen, not as a representative for the office.
Schirn said the October, 2022 accidental fentanyl overdose death of an 18-year-old in Santa Clarita named Jax Markley was a turning point, after one of Gascón’s executives overruled the recommendations of prosecutors to file a second-degree murder charge against the supplier who sold Markley counterfeit pills containing fentanyl.
According to an internal DA’s office memo, Chief Deputy District Attorney Sharon Woo directed the case be filed as an involuntary manslaughter instead, which generally carries a maximum penalty of up to four years in prison.
“We all thought it was an incredibly strong case,” said Schirn, who said he agreed that the case should have been filed as a second degree murder.
Detectives then presented the same information to the US Attorney’s Office, where the drug supplier, Skylar Mitchell, was indicted on a federal charge of distributing fentanyl resulting in death.
“They plead guilty right away, because it was such a strong and compelling case,” Shirn said of the evidence against Mitchell, who is scheduled to be sentenced in December and faces no less than 10 years in prison, according to federal prosecutors.
Mitchell’s defense attorney did not immediately return a request for comment.
A spokesperson for Gascón didn’t respond Wednesday to specific questions about the Markley case or the appearance that local law enforcement was devising ways to circumvent the DA’s office, but said in an email, “Knowingly selling illegal fentanyl can amount to an act of callous disregard for human life. That’s why our office treats illegal fentanyl sales with the utmost seriousness. We are committed to prosecuting those who illegally distribute fentanyl and other dangerous substances.”
Gascón’s approach shifted recently.
After dismissing drug supplier murder prosecutions as ineffective in 2021, Gascón’s office filed 3 such cases in 2024, including against Jestice James, a mother accused of child abuse and murder for the deaths of her twins, who authorities said were exposed to fentanyl.
“We’re here to talk about how the LA County District Attorney’s Office failed us,” said Matt Markley, Jax’s father, when he sat down with the I-Team to discuss the DA’s charging decisions.
He said he was angry when he learned of the DA’s decision to file a lesser charge of involuntary manslaughter, and personally appealed to DA Gascón to reconsider.
“I was a little flabbergasted because we hold drunk drivers responsible, why are we not holding this addict accountable for killing other people,” said Markley, who said he voted for Gascón in 2020 and supported some of his justice reform policies.
Markley said he was further frustrated when he learned the DA’s office had filed fentanyl-supplier murder cases in recent months.
“Why the change? Just before an election cycle, I wonder? And that’s why I’m angry enough to sit here in front of you and share this,” Markley said.
Other local law enforcement officials said the recent federal prosecutions of the alleged gang members responsible for the murder of LAPD Officer Fernando Arroyos, which was also initially discussed with the DA’s office, and a new effort to prosecute local firearms arrests in federal court are also instructive.
“What we’re doing here is expanding the number of cases that we bring federally,” US Attorney Martin Estrada said at a news conference in March announcing a gun crime enforcement partnership with the LAPD and the LA County and Ventura County Sheriff’s Departments.
Estrada said the firearms program was being done in concert with local prosecutors, although Gascón did not appear at the event.
A spokesperson for the US Attorney’s Office said it was difficult to assess how many local cases have been presented for federal consideration as the office does not keep statistics that capture that information.
Schirn, the narcotics prosecutor, said the cases being shifted to US District Court, where only certain categories of locally-investigated crimes can be prosecuted under federal law, appears to be a response to some of Gascón’s policies that restricted the use of gang, gun, and narcotics sentencing enhancements, which have had the effect of reducing penalties for a variety of serious crimes.
“The reason I agreed to come on camera, despite the fact that I’m very nervous, is because for 30 years I’ve asked victims and witnesses to come to court and have the courage to be honest and truthful,” Schirn said.
“And who am I as a prosecutor when I know awful things are happening that I don’t have the courage to do this?”
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How the homeless can vote in Los Angeles County and across California – NBC Los Angeles
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Latinos, women and independents are among the voting blocks often discussed during elections.
One woman tells the NBC4 I-Team it is time to consider the homeless, a group she was once a part of.
The last count found more than 75,000 people are homeless in Los Angeles County and many of them may not realize that they can register to vote, including at county shelters and online.
“The main thing I feel for any homeless person, is you have to learn to become vocal, you know? That’s why we are invisible, because a lot of us tend to be so embarrassed, we don’t want to reach out for help,” Justice Butler said.
The 65-year-old former radio disc jockey says she found herself homeless at various times in her life, from her hometown of Houston to Los Angeles. She now lives in a studio apartment near McArthur Park.
One thing that never waned was her desire to be part of the voting process.
“It means a lot every year, because the first time I’m voting, and I’m teary-eyed because of the people before me, and I’ve really learned to connect to my history,” Butler said. “They died and fought for this right to vote.”
Butler registered to vote while at a Los Angeles city shelter.
“When I went into the shelter on Skid Row, they gave me all this paperwork to fill out, and one of it was a voter registration card,” she said.
Her story is not unique.
California law allows an unhoused or homeless voter to participate in the election, said Dean Logan, who oversees the Los Angeles County Registrar-Recorder/County Clerk.
“They can register to vote, they can list the cross street where they spend the most of their time, where they lay their head at night,” Logan said.
“They can list the shelter where they’re staying for residents’ purposes that ensures they get the most localized ballot that’s effective for them,” he added.
Logan tells the NBC4 I-Team, currently there are about 800 voters registered with an intersection address and then another approximately 5,500 voters who registered with a shelter, a church or similar place that provides services.
Still there is the fact that every active registered voter in California receives a vote by mail ballot.
“So you can list a mailing address. So a lot of those voters may list even a Department of Social Services address where they’re receiving information about their benefits or they can use a shelter address or a PO box to receive the voting materials,” Logan said.
He says the fail-safe method remains the in-person vote centers, including mobile ones that the county sends to different neighborhoods.
“We utilize that program to also go to homelessness encampments that are in North County or out in Long Beach or areas like that to ensure that we have access for those voters,” he said.
The need goes beyond the homeless population.
“This is a particular issue in this election because we know that there are a group of citizens who through the end of rent control after the pandemic have been displaced from their homes and may not receive their voting materials because they’re dealing with trying to find a new home or a new place to stay,” Logan said.
Butler says she is battling a debilitating lung disease and is focused on issues that matter to her this election.
“It’s about somebody having a plan for healthcare,” she said.
Her message to others, no matter where they live is, is to vote.
“We got to go out to vote,” she said. “This time, we got to go out and vote, y’all, real.”
Vote by mail ballots have been mailed out. Some of the dozens of in-person vote centers in Los Angeles County will open as soon as 11 days before election day and people can vote at any location, even registering on site.
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Dodgers can’t overcome early six-run deficit in 7-3 loss to Mets in Game 2, NLCS even at one game apiece – NBC Los Angeles
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October baseball is infamous for its unscripted nature. Just when you think you can predict the outcome, a literal curveball gets thrown at you, flipping the script, turning everything topsy-turvy.
The Los Angeles Dodgers threw a bullpen game with their season on the line in Game 4 of the NLDS against the San Diego Padres.
Pundits, analysts, and experts alike all said it would be the end of the 2024 Dodgers. Instead, eight different relievers combined for a shutout, extending their season and their scoreless inning streak.
Jack Flaherty and the bullpen threw another shutout in Game 1 of the NLCS on Sunday to tie the MLB record of 33 consecutive scoreless innings in the postseason. So another bullpen game in Game 2 with the same relievers lined up should reproduce the same results, right?
Wrong.
Francisco Lindor snapped the scoreless streak with a leadoff homer in the first, and Mark Vientos broke the game open with a grand slam in the second, and the New York Mets defeated the Dodgers 7-3 in Game 2 to even the best-of-seven NLCS at one game apiece.
“Everything is great when it works well and guys are throwing up zeros, but you’re still facing really good ball clubs,” said Dodgers’ manager Dave Roberts of the bullpen game in Game 4 of the NLDS compared to Game 2 of the NLCS. “And there is a margin that you have to guard against and kind of really appreciate the cost of the next games, and not forgetting that this isn’t a winner-take-all game. It’s not a three-game series.”
Ironically, everyone in the extended baseball multiverse spent the last 24 hours praising the Dodgers pitching staff and wondering when or if they would allow another run.
Flaherty said the pitchers were “feeding off each other,” after Game 1. On Monday they got eaten alive by the “OMG” Mets’ hitters.
Lindor, likely the runner-up for MVP in the National League to Dodgers’ designated hitter Shohei Ohtani, hit the Mets sixth leadoff homer of the season, and first in the playoffs since Curtis Granderson in Game 5 of the 2015 World Series, when he crushed a cutter from opener Ryan Brasier sending the ball soaring into the New York bullpen for a 1-0 lead.
LEADOFF LINDOR LASER 💥 #NLCS pic.twitter.com/nDvDghuYti
— MLB (@MLB) October 14, 2024
Los Angeles went to right-hander Landon Knack for length, but instead of keeping the game close, he opened the flood gates, surrendering five runs in the second inning, including a back-breaking grand slam on the ninth pitch he threw to Vientos.
MARK VIENTOS GRAND SLAM
THE @METS ARE RAKING IN LA 🤯 pic.twitter.com/DIQYRNusVa
— MLB (@MLB) October 14, 2024
“I really didn’t have a feel for things. I just wasn’t sharp today,” said Knack of what happened in the second inning. “I wasn’t able to execute pitches the way I normally do. I wasn’t able to put guys away. I kept leaving things middle.”
From that moment on, nothing happened on Monday afternoon that echoed anything that preceded it. The Dodgers scorching hot offense, that had produced 19 runs over their last three games, went dormant. The dominant pitching staff was ineffective and subordinate.
Ohtani, who was 2-for-4 with two RBI and two runs scored in Game 1 was hitless with two strikeouts in Game 2.
“I thought he didn’t look comfortable versus Manaea,” said Dave Roberts of what he saw from Ohtani at the plate today. “The heater is away. You can see he was just kind of trying to keep the ball away from Shohei.”
Sean Manaea, who entered the game with nearly an 8.00 ERA against the Dodgers in his career, silenced the most-lethal lineup in the Majors for the better part of five innings.
“He’s a really good pitcher,” said Mookie Betts of Manaea on Monday. “He’s been pitching really well lately and has a lot of confidence. He threw the ball well again today. We lost. It sucks. I don’t think anyone here was expecting them to roll over. We have to turn the page and prepare for Game 3 now.”
Manaea, who changed his arm angle in the offseason, delivering his best season since 2019 with the Oakland Athletics, allowed three runs (two earned), on two hits with four walks and seven strikeouts in five innings of work.
Sean Manaea revamped his delivery to throw from a lower arm angle.
It seems to be working 👀 pic.twitter.com/TR49LsfJYu
— MLB (@MLB) October 14, 2024
Maybe it was the early start time that did the Dodgers in. The Mets, who are still on Eastern Standard Time are accustomed to afternoon starts. Los Angeles hasn’t had one since the final game of the regular season on September 29th.
The Dodgers have spent the past decade monopolizing the Majors with a businesslike attitude. Stoic and forceful, less emotion, and more determination than their counterparts, they looked lackadaisical and lost in Game 2, like the drowsy sleeper who keeps hitting snooze on their alarm clock.
It took five innings for the Dodgers to finally awaken from their slumber. Max Muncy put the boys in blue on the board with a solo shot in the fifth inning, his 12th career postseason homer, tied for second on the Dodgers all-time list.
Max Muncy puts the @Dodgers on the board with a solo shot #NLCS pic.twitter.com/bTVXB5B81P
— MLB (@MLB) October 14, 2024
Los Angeles cut the lead in half thanks to a pair of walks and some bad defense by the Mets.
Tommy Edman drove in two runs when a ball bounced off the glove of first baseman Pete Alonso, but the rally ended when Enrique Hernández hit into a double-play with the bases loaded two batters later.
The @Mets get a HUGE double play to get out of the jam! #NLCS pic.twitter.com/gRxJvnxMru
— MLB (@MLB) October 14, 2024
Hernández had another opportunity to tie the game with runners on second and third in the bottom of the eighth, but he popped out to shallow right field to end the inning.
The Dodgers were 1-for-9 with runners in scoring position in Game 2 and left a total of ten runners on base in the loss.
“We’re never out of the fight,” said Dodgers’ catcher Will Smith of the missed opportunities.. “We were one big swing away from tying the game or taking the lead. As long as we keep giving ourselves opportunities like that we’re going to be okay.”
The Dodgers better sound the alarm when they head to Citi Field on Wednesday for Game 3, or they will be in danger of falling behind in this series. That’s not something they want to do against the team that had the most ninth inning comebacks in baseball this season.
Before Game 1 of the series, Muncy said his team needed to keep the fire and intensity that allowed them to win back-to-back elimination games to advance past the powerful Padres. But instead of fire and intensity, it was lethargy and fragility on display in Game 2.
The Mets had much better at-bats than the Dodgers, saw more pitches, showed more fight, and overall looked like the better team on the diamond. Oh, what a difference a day makes.
Momentum is only as good as the next day’s starting pitcher, and the Dodgers didn’t have one.
Their starting rotation is in shambles, injured beyond recognition, with only one pitcher, Yoshinobu Yamamoto, still standing from the Opening Day rotation, and even he missed nearly three months of the season with a rotator cuff injury.
Now the Dodgers will turn to the inconsistent, but battle-tested Walker Buehler in Game 3. Coming off his second Tommy John surgery, Buehler was 1-6 with a 5.38 ERA in 16 games this season. He allowed six runs in the second inning against San Diego in Game 3 of the NLDS. Manager Dave Roberts believes in him and is banking on his past history of big game performances.
“I like Walker on the road,” said Roberts. “I talked to Walker yesterday, and he’s obviously never lacked for confidence, but he’s in a good place physically, and he certainly lives for the big moments. What better way to change the bad taste that you had in the regular season for him to have a dominant postseason, and he’s on a heater right now.”
Whether it’s a heater or a luke-warmer, however it looks, the Dodgers need Buehler to deliver a gem in Game 3. If so, they’re back on-line with Yamamoto going in Game 4 and Flaherty on regular rest in Game 5.
It’s funny how fast things can change in a playoff series. 24 hours ago, the Dodgers looked unbeatable, now they’ve lost home-field advantage and their pitching staff has been quelled. But tomorrow is another day, and another opportunity to flip the script. The rest of this series is still unwritten.
Game 3 of the best-of-seven NLCS between the Mets and Dodgers is scheduled for 5:08 PM PT on Wednesday, October 16th at Citi Field in Queens, NY. The game will air live on FS1.
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Riverside County sheriff – NBC Los Angeles
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Riverside County Sheriff Chad Bianco said Monday he stands by his comments over the weekend when he said his deputies may have prevented a third assassination attempt on former President Donald Trump, though a federal law enforcement source told NBC News there’s no indication that there was an attempt to assassinate the former president.
Deputies arrested 49-year-old Vem Miller of Nevada on state weapons charges a quarter mile from the rally. The arrest in Coachella, California, took place before the former president arrived.
“We do know that he showed up with multiple IDs, an unlicensed, unregistered vehicle with fake plates and weapons and ammunition,” Sheriff Bianco said. “In the end ,we found the person with all those monstrous red flags and we were able to arrest him on weapons charges and get him away from the facility before the president got there.”
Bianco’s comments come one day after his weekend press conference where he said he believed another assassination attempt on Trump had been prevented.
But on Monday we also heard from Miller, who is now out of jail after posting bond.
“I am releasing this statement because of the false information that is currently being released,” Miller said in a video shared on Rumble.
In the video, Miller shared that he’s a longtime supporter of former President Trump.
“Since 2000, I’ve been involved in the Republican Party in Nevada,” Miller said. “I am a Trump caucus captain, I have collected votes for Donald Trump, and I’m also a Trump team leader.”
NBC News was not able to verify Miller’s claim that he worked as a Trump caucus captain or a Trump team leader and that he was invited to the rally.
He said that he was in Coachella working as a journalist for the America Happens Network and always carries guns with him.
“In the trunk of my car I carry two firearms: One is a glock, one is a shotgun, and these two firearms that I carry for me are simply for protection,” he added.
Bianco wasn’t backing down.
“If he wants to say he was an innocent victim, then he also has to say how dumb it was to come out to believe that he could do all of those and try to get into that event, with guns,” Bianco said. “I don’t care if he’s a supporter of President Trump.”
“I’m very proud of my deputies and everything that they did there,” Bianco said. “We’re not making up anything that he did, we just caught him.”
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