Aaron Harvey was leaving his Las Vegas apartment to get some food one day in July 2014, when, suddenly, “man, Seal Team 6 came out of nowhere, pretty much. Guns drawn, dogs, helicopters.”
It was the U.S. Marshals, who’d come to take Harvey back to San Diego.
“They told me that I was wanted for murders in the state of California,” Harvey said. “I laughed. I started laughing. I told ‘em, ‘You’ve got the wrong guy.'”
Harvey isn’t charged with murder, though. That’s precisely why his case is so controversial.
District Attorney Bonnie Dumanis is using an obscure criminal statute, Penal Code section 182.5, for what appears to be the first time ever in California to prosecute a group of 15 San Diego men, including Harvey. The DA has admitted that some of the men had nothing to do with the underlying crimes at the heart of the case – a series of shootings by Lincoln Park gang members in 2013. Rather, they’re charged with conspiracy for belonging to the same gang as the shooters. For that, they could go to prison for life.
It’s guilt by association, basically, and if federal law is any guide, it’s perfectly constitutional.
Help Us Raise $100k By the End of May
Please... I grew up around gang members and not once have I taken pictures throwing up gang signs, or worn clothing with a set's name on it. As far as the law goes, that's an unlawful reach and needs to be shutdown. Someone needs to investigate Dumanis for her mis-deeds, cause she's a classic hypocrite. She sat and did nothing when white collar (white color) Criminal Bankers were committing grand theft, stealing peoples homes, and terrorizing innocent families who were thrown into the streets. Where was her tough on crime persona then? She's just another racist hypocrite trying to make a name off others misery.
As far this fool goes.. wearing belts with L.P. on it?, throwing up L's in photos? c'mon man.. No one just gets away with false flaggin infront of active members! homies or no homies... that shit don't fly! Save that bullshit for people who don't better..
Those persons who do not recognize (or cannot manufacture) a relationship between this retreat and last week's delay on the publication of the Racial Profiling Data analysis, may not be paying close attention.
It was reported that she said racial disparities within the system also need to be changed.
“We think we have to put balance to prevent harsh treatment and disparate treatment with members of the minority community.”
The Racial Profiling Data analysis shows the things that claims to be seeking to prevent. I and more than 40 members of the San Diego Community know the results and doubtless so does Dumanis and so does several members of the City Council who would claim the opposite.
It's sad and pathetic to see men who act like bosses and talk like killers one minute, openly tuck their tails for the whole world to see. It can takes years to build street cred, and only a second to destroy it.Without a doubt, there is no question that the streets know exactly to what and to whom it all refers to. Unfortunately it never matters what the rest of the world may know or not know, the streets already do. And that's all that ever does. It was certainly funny at one time or another for some, but not for the others who can understand the codes in songs and posts. Throwing around hints specific to particular situations for which there could be no mistake is not for the faint of heart. It's not uncommon place among many guilty parties to try and run from past situations. But like the many others before that suddenly come to realize the gravity of a situation, there is no cure, only delay. And only now desperate for something better out of life, way after its too late. It's exactly these kind of unchangeable facts that will always come back to haunt those who cared nothing for the lives of others. No matter what one comes to care about later, it always end the same. Death or Prison.. It comes with the stripes.
@front center Nicely written but your disguise remains "shining plain"(ly). Facts are facts and the law in question is an ass. Two judges agree, and now so does Dumanis.
Your side lost.
This is so disgusting on so many levels. I think it's time for Bonnie Dumanis to resign. Last I checked this is still America, not Amerika.
Cleveland and Ferguson PD's are rookies in the harassment field...as far as we're concerned.
@Matty Azure More than 40 San Diegans are familiar with Josh Chanin's (SDSU) findings from the initial analysis of the SDPD's Vehicle Stop Data. In every meaningful category or metric that is indicative of harassment or racial profiling, San Diego is left looking up at Ferguson.
I have not examined Cleveland's data; regrets.
I truly believe that the entire District Attorney's office should be locked-up since I am a criminal.
This sentence is dumb: "If federal law is any guide, it’s perfectly constitutional." Constitutionality doesn't materialize from passing laws.
"According to the state, a person can be entered into the CALGANG database if he or she meets any two criteria from a list that includes: admitting to being a gang member: being arrested alongside known gang members; being ID’d as a gang member by a reliable source; being seen affiliating with documented gang members; displaying hand gestures affiliated with a gang; frequenting gang areas; wearing gang dress; or having gang tattoos."
i count 8 different points, and a person must meet two to be considered a gang member. well, #2, 4, 5, 6, and 7 are not enough in my book, and in many cases #2, 4, and 5 seem downright unconstitutional. one would imagine that living in a neighborhood with a gang would invariably lead to people "been seen affiliating with document gang members" and "frequenting gang areas."
i think this law would be okay if it was restricted to #1 and 8, possibly #3 and 7. And i am very skeptical of the value of "street cred." couldn't "street cred" go down in some instances?
@Judith Swink A "reliable source" is someone a cop says he has found "reliable." In my experience, cops will claim their source is reliable, and will not remember those times the source has lied.
I have trouble with #3 because there needs to be a definition of "reliable source". Furthermore, a "reliable source" should not be allowed to identify someone as a gang member based on opinion without some documentable evidence. Many of the other criteria seem questionable as well.
Find and convict the ones who did the deed or who directly participated. Any young person can do something stupid like flashing a gang sign on social media, especially in areas where gangs are strong and you don't want to defy them. I don't see how society at large is going to benefit by taking a guy who was in Las Vegas about to get his real estate credentials and locking him up for years. The justice system needs to go after people who committed serious crimes, and that includes white collar crime. If we are going to have these laws then let's also prosecute all the thousands of people in the financial/mortgage industry, who either committed fraud and other crimes AND those who watched others do so and failed to report them. Let's get tough on all crimes if we are going to get tough. This smells like the crack/powder laws that threw crack offenders in jail for long periods while walking white collar powder users or giving them short sentences.
@Bit-watcher @Janet Shelton Sure, lean on them, but prosecute them? Is this producing results? This guy flashed gang signs, but does he know who did the crimes. Basically, the law is saying that many people in these areas can be prosecuted for something others did and which they had no involvement in. Sure, it's constitutional, but is it productive. Has prosecution of the 15 led to information leading to the arrest of the ones who did it? The problem here is that it is too easy to get turned into a criminal when you have committed no crimes. But as I said, if we are going to turn the screws on gangs, let's also have fun with the organized gangs in the financial industry, which caused so many people in this country to suffer greatly. The problem is that if you wear a suit, you can mostly get by with anything, but if you wear gang colors and flash a gang sign, off to the slammer. I agree gangs are a menace; I don't agree that just about any young person in a poor neighborhood is guilty by association. And I don't agree that we should be tough on poor people crime and soft on crime by well off people.
@Bit-watcher Race card? Cards that are in the deck ought to be played.
You have to be kidding me!!!!
This is a travesty. This man's and other lives disheveled for guilt by association?
Wow, what is our city, state and country coming to?
So the DA admits that those arrested along with Harvey have nothing to do with the crimes that were committed. Harvey's family has lived in the same area for over 60 years, he has never been found guilty of any crime. He did pose with gang members on Facebook and flashed some gang signs. For this he could spend the rest of his life in prison because he benefited from these crimes. Asked to define how Harvey benefited from these crimes the DA's office said he got street cred. How do you measure street cred?
Question for the DA. Hey Bonnie did you catch the real people that committed these crimes? I noticed that the cop who was found guilty of sexually molesting women under color of authority was let out of prison before he even served 1/3 of his sentence.Yet she wants to send this kid to prison for life for committing no crime. Seems fair to me. Do we get to do the same thing to the bankers that robbed everyone?
I don't like what is happening in many states and now this in our city. It is so sad to see young people who do something foolish get thrown into the system and even end up on death row if too many minor or non-fatal crimes are committed. And we dare to say that we live in a "christian" country.
@richard brick hey Bonnie, gonna prosecute yourself for taking illegal campaign donations from a Mexican national? no?
no surprises here.