By Susan Shelley
No one could have known, Los Angeles District Attorney George Gascón insisted, that the murderer of two El Monte police officers was suddenly going to become violent. “We all wish that we could predict violence,” he said, “but the reality is that we can’t.”
The alleged gunman, Justin Flores, reportedly a known gang member with a criminal record that goes back to 2010, was arrested in 2020 and charged with possession of a handgun, ammunition and methamphetamine. Gascón’s office could have sought a prison sentence of nearly three years, but instead offered Flores a plea deal with no additional jail time and a couple of years on probation.
There were rumblings of trouble in the days before the shootings. The L.A. Times reported that law enforcement sources said Flores’ girlfriend had reported that he had assaulted her, but he was not arrested. One day before the violence in El Monte, Flores’ probation officer asked a court to revoke his probation for “desertion.”
In a press conference to address the controversy, Gascón portrayed Flores as someone with “no history of violence” before he gunned down the two police officers. “It was basically someone that had been drug addicted for many years,” the D.A. said. “He had been arrested mostly for drug related offenses.”
Well, there was that time in 2020 when he was arrested for being a felon illegally in possession of a weapon and ammunition.
Flores died at the scene of the El Monte shooting of an apparently self-inflicted gunshot wound to the head, so Gascón’s beliefs won’t affect his sentence.
Gascón said the public must have patience with what he called an “imperfect system.” He said his office works hard to “ensure that there are serious consequences, including lengthy periods of incarceration,” when people are arrested for “serious crimes.”
Define “serious.”
One problem for Gascón seems to be that he has a much higher risk tolerance than the general public in L.A. County. “I know this is frustrating to hear and it may not help heal the wounds for some,” he said. “But we do not serve our community when we try to pretend that we can predict 100% of the time when these cases are going to occur.”
However, 100% certainty is not required. Consider the risks in another case: comedian Dave Chappelle was performing on stage at the Hollywood Bowl in early May when a man rushed the stage and attacked him. The assailant was armed with a replica gun that contained a switchblade knife. Gascón’s office declined to file felony charges.
Is it not a “serious” crime to attack a performer onstage while armed with a knife? Gascón said the knife was not in the man’s hand, so therefore it wasn’t a felony.
It wasn’t exactly a fan letter. If the next time the attacker’s knife pierces flesh, will we say “no one could have predicted” that this individual, charged only with misdemeanors, would commit a violent crime?
While no one can predict the future with 100% certainty, the criminal justice system typically allows prosecutors some discretion so they can use their best judgment with the information they have.
But when Gascón was sworn into office on December 7, 2020, he immediately issued a stack of special directives that implemented blanket policies. For example, he ordered prosecutors to stop charging sentencing enhancements, which can add more prison time in some circumstances.
The union representing L.A. County deputy district attorneys quickly filed a lawsuit alleging that the directive violated state law. In February 2021, a judge mostly agreed. But Gascón told reporters he still believes that long prison sentences endanger public safety because incarcerated persons are more likely to “reoffend” when they get out.
Gascón may believe that, but he hasn’t convinced the public. A second recall attempt is close to qualifying for the ballot with more than 566,857 signatures collected as of June 15.
Residents of L.A. County are visibly sick of seeing horrific crimes committed by individuals with criminal records who could have been incarcerated but instead were out on the street and armed with deadly weapons. George Gascón may not have been able to predict their future, but we can predict his.
Write to Susan at [email protected] and follow her on Twitter @Susan_Shelley.
This column was originally published by the Southern California News Group.