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Barger Blasts Gascón Over Not Seeking Resentencing in Criminal Court
Man Who Committed Murder in 2015, Released After Six Years, Now
Charged With 11 Criminal Offenses Including Drug Charges
By a MetNews Staff Writer
Los Angeles County Supervisor Kathryn Barger on Friday laced into District Attorney George Gascón over the release last year of a man who, at age 17, fatally shot a man in the course of a 2015 robbery and received a sentence in 2016 of 50 years-to-life in prison—a release that might not have taken place had county prosecutors opposed the man’s motion under Proposition 57 to be resentenced as a juvenile.
Under that measure, approved by voters on Nov. 8, 2016, prosecutors may no longer charge 17- and 18-year-olds in adult court; rather, proceedings must be brought in juvenile court, but a motion may be made to transfer the case to the criminal court. It was held by the California Supreme Court to apply “to all juveniles charged directly in adult court whose judgment was not final at the time it was enacted.”
Consistent with a special directive Gascón issued on Dec. 7, 2020, his first day in office, against trying juveniles as adults, his office did not seek a transfer to criminal court of the resentencing of Andres Cachu, who was arrested on Tuesday and charged 11 offenses. They include fleeing a pursuing officer’s motor vehicle, driving against traffic, possession of a firearm by a felon, possession of a controlled substance and a firearm, plus two counts of possession for sale of a controlled substance, methamphetamine and cocaine.
Supervisor’s Criticism
Barger declared:
“This case exemplifies all that is wrong with our county D.A.’s underwhelming approach to fending for victims’ rights and prosecutorial decisions. I am relieved that no one in the Antelope Valley community was hurt or lost their life during the re-arrest of Mr. Cachu, but that was largely due to the responding Sheriff’s deputies’ skills and, frankly, luck.
“The public’s safety was greatly endangered due to our D.A.’s inaction. When Cachu sought a new sentence last year, the D.A. could’ve pursued a court hearing so a judge could decide whether Cachu should remain in state prison. He chose to not do so, despite the heinous nature of the murder Cachu committed and the victim’s family’s pleas. This is unacceptable.
“While criminal justice reform is important, it’s clear to me that the D.A.’s role must demonstrate a more balanced approach—one that is grounded in a commitment to victim’s families’ rights and that consistently seeks the maximum accountability possible.”
Gascón’s Statement
Gascón issued this statement on Thursday:
“We are disappointed to learn that Mr. Cachu has not availed himself of the support that he so clearly needs, grateful that no physical harm came to anyone, and are committed to holding him accountable as an adult in this case. There have been questions about a prior case involving Mr. Cachu, where he was sentenced as a juvenile. As California law requires, our office reviewed Mr. Cachu’s original case, where he had been sentenced as an adult despite committing the crime as a minor.”
He continued:
“Based upon the facts of the case and the individual characteristics of Mr. Cachu we determined that we would not likely prevail in a transfer hearing because we could not prove that he would not have benefited from juvenile resources at the time of the original offense—again, as the law requires. We asked the court to remand Mr. Cachu to the Department of Juvenile Justice and that request was denied. We are frustrated to see that he is struggling, and again, will hold him accountable for the charged offenses.”
In May, Victor Bibiano—released last year after serving eight years of a life sentence, without possibility of parole, that was imposed based his commission at age 17 of a double murder—was charged in connection with An April 16 killing that took place in the course of a drug deal that transitioned into a robbery. Gascón’s office had not seek a transfer of the resentencing to adult court.
The juvenile court generally lacks jurisdiction where a defendant has turned 25, meaning a release.
Two El Monte police officers were slain last month by a gang member who was on probation, rather than in prison, under a plea bargain that reflected Gascón’s policy against alleging priors for purposes of the Three Strikes law.
Barger on May 20 endorsed the effort to recall Gascón, saying:
“I typically support election outcomes as a way of respecting the public’s right to choose, but our DA’s policies have led to disastrous consequences. Public safety in L.A. County has visibly deteriorated. I believe Gascon must be replaced with someone that is committed to championing victim’s rights, safety and justice. There is no doubt in my mind that recalling Gascon is an essential step so that we can course correct and refocus on creating safe and healthy communities.”
The Registrar-Recorder’s Office is presently checking the 715,860 signatures on recall petitions to determine if there is the requisite number of valid signatures—566,857.
Copyright 2022, Metropolitan News Company