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Defending Your Home From Protestors Is A Crime In California.

Allow us to introduce you to LA County District Attorney Jackie Lacey. Lacey was elected in 2012 and has what can best be described as a “law and order” mentality.

On March 2, protestors came to Lacey’s home and onto her property somewhere around the predawn hour of 5:30 AM to ask for a meeting to discuss the “Black Lives Matter” issues.

Lacey and her family had been followed by people and had received death threats, threats that the police had investigated and only one of which was found to be credible. Of course, when you are the subject of death threats, you don’t have the time to figure out what is credible.

On that fateful day in March, protestors had lined up on the street, blocked sidewalks, gone onto the property shouted at Lacey’s house and then a group of three walked up to the door and was met by Lacey’s 66 year old husband David, who was carrying a weapon and told the protestors to leave. To emphasize the point, he raised the gun and pointed it at the three people illegally on his porch and this conversation took place:

MAN: Right now, get off!

WOMAN: Good morning.

MAN: Get off of my porch.

WOMAN: Are you going to shoot me?

MAN: I will shoot you, get off of my porch.

WOMAN: Can you tell Jackie Lacey that we’re here.

MAN: I don’t care who you are, get off of my porch, right now.

WOMAN: [unintelligible]

MAN: We’re calling the police right now.

WOMAN: Good.

David Lacey’s actions are legal under the so called “castle doctrine” which is found in California Penal Code 197(2)

TITLE 8. OF CRIMES AGAINST THE PERSON [187 – 248] ( Title 8 enacted 1872. )

CHAPTER 1. Homicide [187 – 199] ( Chapter 1 enacted 1872. )
197.

Homicide is also justifiable when committed by any person in any of the following cases:

…..

(2) When committed in defense of habitation, property, or person, against one who manifestly intends or endeavors, by violence or surprise, to commit a felony, or against one who manifestly intends and endeavors, in a violent, riotous, or tumultuous manner, to enter the habitation of another for the purpose of offering violence to any person therein.

Not surprisingly, one of the people on the porch said David Lacey’s response was unwarranted:

[Melina] Abdullah said she was thankful for Becerra’s decision, but also questioned why felony charges weren’t filed, suggesting David Lacey was given preferential treatment due to his status. Abdullah also scoffed at the idea that the Laceys felt threatened, noting that Jackie Lacey was familiar with her and the other two protesters at the door.

“I would think that if you’re afraid you would stay in the house and call the police because you were in fear,” said Abdullah, a professor at Cal State L.A. “They weren’t in fear. They were agitated.”

If you have had threats made against you and your wife, and the people who are outside banging drums, shouting and coming onto your property, you don’t have to call the police.

Furthermore, the idea that Abdullah and her group who have called for the defunding of the police, want to claim that the Lacey’s should have called those same police is laughable and hypocritical.

With all that going on, with the threats, the stalking, the noise, and the trespassing in the pre-0dawn hours, the State of California decided to press charges against David Lacey.

The husband of Los Angeles County Dist. Atty. Jackie Lacey has been charged with multiple counts of assault in connection with a March incident recorded on video in which he waved a gun at protesters outside the couple’s Granada Hills home, according to court filings made public Tuesday.

The California attorney general’s office filed three counts of misdemeanor assault with a firearm against David Lacey on Monday, records show. Lacey had been under investigation for several months after video surfaced of him brandishing a handgun on his doorstep on March 2.

An arraignment is scheduled for Aug.13, the attorney general’s office said. David Lacey is not currently in police custody, a representative for the district attorney’s reelection campaign said.

The case was investigated by the Los Angeles Police Department but will be prosecuted by the California Department of Justice to avoid any conflict of interest. David Lacey previously worked as an investigative auditor in the district attorney’s office.

The charges are baffling in light of the provisions of the law and the threats the Lacey’s had endured.

The message California’s Attorney General Xavier Becerra to the rest of the population is that even if you use a weapon legally in defense of your family, your home and yourself, you will be charged with crimes.

Jackie Lacey has apologized for the incident at her home saying:

“The events that took place earlier this year have caused my family immense pain. My husband acted in fear for my safety after we were subjected to months of harassment that included a death threat no less than a week earlier,” she said. “Protesters arrived at my house shortly after 5 a.m. while I was upstairs. My husband felt that we were in danger and acted out of genuine concern for our well-being.”

Apparently apologizing for the threats and illegal actions of others and acting in a legal manner in defense of your family and home means California will prosecute you.

That is so egregious that words fail even us.



3 Responses to “Defending Your Home From Protestors Is A Crime In California.”

  1. Percy says:

    This is unbelievable. These protesters should have been immediately arrested for trespassing after being told to leave the property several times. They should also be extremely thankful to the homeowner that they are still around to protest another day. The actions of these protesters put lives in danger and they should be held accountable for their behavior. It’s disgraceful that the state attorney general can’t even uphold the laws they swore to protect.

    • AAfterwit says:

      Percy,

      Thanks for the comment.

      This action by the State Attorney General is a political hit. Due to issues with evidence in a case, Lacey could not and did not indict a cop who shot someone. Politicians and protestors thought she should, even though there was zero chance of getting a conviction. All of the protestors and politicians were posturing for so called “justice,” when in fact they weren’t and aren’t willing to accept any outcome other than the one they want.

      Legally, there is nothing that prevented David Lacey from doing what he did. Yet he was charged because of the actions of his wife. The process for Lacey’s is the punishment as they will have to spend time, money and resources to protect themselves from an Attorney General who shows little regard for the laws of the land while seeking to prosecute innocent people.

      Thanks again.

      A. Afterwit.

  2. ruralcounsel says:

    Vindictive prosecution should get state-employed lawyers fired and disbarred. Even State Attorney Generals.

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