Articles Tagged with gangs

Rapper Brandon “Tiny Doo” Duncan and Aaron Harvey are being compensated at the expense of the city of San Diego. According to the L.A. Times, the two men will be paid close to $1.5 million for the emotional damages they suffered during their seven-month jail sentence. This payout comes six years after the two were released from jail and in response to a civil-rights lawsuit they filed. 

Three years ago, the two men took their case to federal court saying their incarceration was improper. Penal Code 182.5 is a gang law that states gang members who know about any crimes that their gang committed will be prosecuted if they benefited from the crime, furthered it, or promoted or assisted it. The law was approved in 2000 and was responsible for sentencing many dozens of alleged gang members in the San Diego region to jail.

Duncan and Harvey claim that their sentencing was due to PC 182.5 and the police had violated their First Amendment free-speech rights. They won their case and on December 10, 2019, it was approved that each man would receive $737,500 as a result.

Supporters of the law believe that it is necessary to tackle the gang problem in the city. Opponents believe it unfairly punishes mostly young men of color whose only crime is being guilty by association.

Duncan and Harvey were implicated along with 15 other alleged gang members for nine shootings between 2013 and 2014. Material evidence was not produced proving that either of the men committed the crimes. Rap lyrics and social media were used to argue that the men were harming the community with gang violence. Both men deny being a part of a gang and have only admitted to being friendly with some gang members. 

When the men were arrested in 2014, Harvey’s bond was $1.1 million while Duncan’s was $500,000. It took seven months for a judge to lower both men’s bonds and during the time leading up to these changes, the men sat in jail.

Mistakes can Happen in Criminal Justice

Imprisonment under false charges or misuse of the law does happen. There are victims who have been wrongly punished for crimes they did not commit. There are also instances in which arrests have been made incorrectly. This is why it is so critically important that when you are arrested for a crime you immediately get in contact with a California criminal defense attorney. David M. Boertje has extensive knowledge of criminal law in California and knows when an injustice has been done. Individuals who are accused of crimes have rights that deserve to be protected. Continue reading

In October of this year, the San Bernardino County Sheriff’s Department this week showcased a program that focuses on gang enforcement with two new gang teams and a new homicide team.  This program is set to be formed from redirected resources from the newly defunct narcotics enforcement team. It has been reported that over the past six months, the Desert Gang Team has made over 250 arrests, seized 58 firearms and documented 347 gang members and associates.   

The shift is a response to California’s Proposition 47, approved last year, which reduced the penalties for the possession of most controlled substances from felonies to misdemeanors. As a result, the San Bernardino County Sheriff’s Narcotics Division was re-designated the Gangs/Narcotics Division. The Valley Gang Team is responsible for the metropolitan areas of the county from the borders with Los Angeles, Orange, and Riverside Counties extending to the Yucaipa Valley, including the mountains. The Desert Gang Team is responsible for the desert areas of the county.

California’s Gang Laws