Category: News Scan

While many police departments are reporting lower rates of most crimes during the coronavirus stay-at-home order, auto thefts have increased in several urban communities.  Scottie Andrew of CNN reports that in  Seattle car thefts have jumped by 24%.  Los Angeles saw an 11.3% increase.  But while auto thefts have increased by 53% in New York City over the past 28 days, some other crimes have also increased in the Big Apple.  According to NYPD Chief Terence Monahan, homicide and burglary have also increased by 5.7% and 21% respectively.    Perhaps the elimination of bail this year and the Mayor’s decision to release inmates to protect them from the virus in NYC had something to do with this.

California’s First District Court of Appeals has rejected a gang murderer’s claim that using his membership in a street gang as a special circumstance to support his life without parole sentence (LWOP) was unconstitutional.  The San Jose Mercury News reports that the court’s unanimous decision denied the claim, finding that the sentence enhancement for a killing that furthers the purpose of a gang does not violate the Eighth Amendment.   The case involved the 2014 first-degree murder conviction of David Arce for the killing of rival gang member Earl Hamilton.  After finding Arce, guilty of the murder, the jury found two special circumstances; the killing was gang related, and Arce was a convicted felon in possession of a firearm.  These findings qualified Arce for a sentence of LWOP.   On appeal, Arce claimed that the law allowing a special circumstance for a murder which furthered the purpose of a gang is unconstitutionally vague.   The court held that “It is difficult to conceive of a situation where a defendant would commit murder to further an innocent gang purpose.”   It is likely that Arce will appeal the decision.

In recent days national news reporting on the coronavirus pandemic has focused upon the race of those dying from the disease as proof of structural racial bias in the American health care system.  In an article published in today’s American Greatness, Manhattan Institute Scholar Heather MacDonald cites news stories across the country reporting that the fact blacks and Hispanics are dying from the virus at a higher rate than their proportion of the population is clear evidence of racial bias.  Responding to this disparity the Chief Equity Officer of the American Medical Association went so far as to assert the “widely known history that American health institutions were designed to discriminate against blacks.”

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Can a person live an “honest and upright life” and conform to and obey the “laws of the land” while confined?

In 2011, Misael Vences Maya, a lawful permanent resident of the U.S., pleaded guilty to driving under the influence with 6 prior DUI convictions and possession of methamphetamine.  He had also served two prior prison terms.  He was advised of the immigration consequences of his plea, which included possible deportation.  Maya was sentenced to 4 years 8 months prison without probation.  In late 2012, he completed his prison term and was immediately transferred to the custody of the Department of Homeland Security.  Because of his felony methamphetamine conviction, DHS commenced removal proceedings pursuant to 8 U.S.C. §1227(a)(2)(B)(i).  While still in immigration custody, California voters approved Proposition 47.  Maya then successfully applied to have his felony methamphetamine conviction reduced to a misdemeanor.  Because it was reduced to a misdemeanor, he then sought to have the conviction expunged pursuant to California Penal Code  §1203.4a.

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A divided Ninth Circuit panel has ruled that illegals seeking asylum who are held by ICE for more than six months are entitled to a hearing for possible release on bond.  Bob Egelko of the San Francisco Chronicle reports that the ruling could apply to thousands of migrants (read illegal aliens) held pending review of their asylum claims.  Dissenting judge Ferdinand Fernandez held that the ruling conflicted with a 2018 U.S. Supreme Court decision which announced that illegal aliens could be detained until their cases were decided.  But Judge Milan Smith, a W. Bush appointee, and Judge Eric Miller, appointed by Trump, found no conflict, citing an earlier 9th Circuit ruling announcing that asylum seekers are entitled to a bond hearing unless they are determined to be dangerous or likely to flee.  A San Francisco attorney representing the plaintiffs called the ruling “a tremendous victory for immigrants…”  He must have meant a tremendous victory for illegal immigrants.  Those who migrated here legally gain nothing from this ruling.

With the support of prison reform advocates and and some public health officials, thousands of jail and prison inmates are being released across the country due to the coronavirus pandemic.  Jeff Mordock of the Washington Times reports that although public defenders claim that those released are “nonviolent and elderly offenders” police groups say many are repeat offenders including  serious criminals and sex offenders.  A Director at the pro-release Justice Action Network, told reporters that “No process is ever going to be perfect,” noting that, from her perspective, releases where 20-30 percent are dangerous offenders is acceptable.  In Chicago, hundreds of inmates are being released anonymously from from jails because public defenders and State’s Attorney Kim Foxx believe their identities need to be protected so they are not “opened to further stigma.”  As is typical in Chicago politics the State’s Attorney is blaming the Sheriff for keeping the names secret while the Sheriff says the State’s Attorney is responsible for reporting who is getting released.  It is clear that progressive, pro-criminal groups and politicians are using the current pandemic as an excuse to advance their political agenda.  As usual, the law abiding public will pay for this.

After a violent Tuesday night of shootings that left 7 dead and 14 injured, Chicago Mayor Lori Lightfoot ordered the city’s liquor stores to close at 9:00 pm.  CBS Chicago reports that the curfew will remain in force until the city’s stay-at-home order is lifted on April 30.  Gun violence and gatherings violating the order have been occurring frequently in the windy city since people were told to stay home and practice social distancing on March 21.  Over 2,000 dispersal orders have been issued in response to large gatherings including parties and eleven citations with fines of up to $5,000 have been given to bars, restaurants and other businesses considered non-essential which had remained open.

  Mayor Lightfoot’s personal commitment to the stay-at-home order was questioned after CBS reported that her hairdresser posted a photo of the two of them last Sunday after she did her hair.  The Mayor told reporters that she was practicing social distancing because the hairdresser had a mask and gloves on.  Does anybody see a mask, gloves or distancing in this photo?

With bail eliminated in New York City, and many businesses closed, NYPD data indicate that commercial burglaries have jumped by 75%.   Daniel Cassady of the New York Post reports that between March 12, when Mayor de Blasio ordered the lockdown and March 31, police reported 254 businesses burglarized, particularly cash businesses such as supermarkets and bodegas.    According to the city’s Chief of Crime Control “the burglaries we are seeing now are more organized and specifically targeted.  There’s much more night-time entry, more forced entry….while they (businesses) are closed.”  Adding to the problem is the city’s recent elimination of bail for property crimes.  “I’ve seen multiple individuals who have been arrested for burglary this year and then released the next day,” said the Chief.  Officials are also concerned about coronavirus-related releases of prison inmates, some of whom have already been arrested for committing crimes.  New York City is probably not the only place experiencing a jump in commercial burglaries.

State prison and jail inmates with two months or less left to serve on their sentences are receiving early releases due to fears of widespread corona virus outbreaks.  Sam Stanton of the Sacramento Bee reports that at least 1,700 inmates will be released from the Los Angeles County Jail while another 3,500 will be released from California prisons.  Officials said that most of the inmates released are non-violent offenders.  Other county jail releases have been ordered for Sacramento County (541), Alameda County (314), Fresno County (207) and Orange County (130).  No word on if the classification of “non-violent” is based on the inmate’s most recent crime, or his entire record.  Under California’s Proposition  57, a car thief with priors for rape and second-degree murder is eligible for early release.  If this is the same criteria being used for releases due to corona virus fears, many serious offenders will be hitting the streets.

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An employee of a smoke shop in Arlington, VA is being held without bail facing felony charges for using a gun to defend his place of business during an early morning break-in and burglary.  Tom Roussey of WJLA reports that 31-year-old Hamzeh Abushariah was sleeping in a back room when he was startled awake by three burglars breaking into the store at 4:53 am Sunday.  He grabbed the gun the store’s owner had purchased to protect the business from burglars, and confronted the suspects, shooting one.  All three managed to escape.  The employee was staying in the store to save money and avoid the corona virus, which had infected residents of his D.C. apartment complex.   Newly elected Arlington Commonwealth Attorney Parisa Dehghani-Taft has not yet charged the burglary suspects, but Abushariah was immediately arrested and charged.  Dehghani-Taft, a progressive who received over $620,000 from liberal hedge fund billionaire George Soros, was elected last November after knocking off incumbent Theo Stamos in the June primary.  Stamos raised just over $161,000.  Dehghani-Taft’s election is just the latest win for Soros-funded progressive (read pro-criminal) District Attorneys across the country.  The Soros funds are funneled through PACs such as New York Justice and Public Safety PAC, which have been set up in several states to give directly to selected candidates and run campaign ads on TV and radio.