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The decision of new Los Angeles District Attorney George Gascon to reverse criminal improvements will come into play in the hate crimes murder of a praying coronavirus patient.
Jesse Martinez, 37, is accused of beating David Hernandez-Garcia, 82, to death on December 17 with an oxygen tank – because he did not like his Catholic prayers. They shared a room at Antelope Valley Hospital.
Martinez faces charges of murder, elder abuse resulting in death and a hate crime, the Gascon office said Thursday. He faces a maximum sentence of 28 years in life.
The district attorney’s announcement did not mention that the victim’s prayers spurred the attack, but the Los Angeles County Sheriff’s Department said last week that “the suspect got angry when the victim started to pray. He then hit the victim with an oxygen tank. “
CALIFORNIA COVID-19 PATIENT FATALLY BEATS 82-YEAR-OLD HOSPITAL TO PRAY, AUTHORITIES SAY
Staff members detained Martinez at Lancaster, Calif., Hospital until law enforcement arrived, the Los Angeles Times reported.
Hernandez-Garcia was pronounced dead at 10:20 a.m. the day after the attack. The two had not known each other.
Gascon was criticized earlier this month after giving instructions to his prosecutors, telling them to drop all sentencing enhancements. Improvements are policies that make certain behaviors more punishable in specific circumstances, such as speeding in a school zone or committing a crime with a previous conviction.
It overturned its decision on improvements related to hate crimes and crimes against children or the elderly.
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He said that while he took office on a promise to make changes, he is also committed to listening and responding to the community.
“Over the past few days, I have met and heard from many of you, and although most have welcomed the reforms I have implemented, some have shared their concerns,” Gascon wrote in an open letter. regarding his decision. “To respond to your comments, I decided to make some adjustments.”
Prosecutors in his own office filed a lawsuit against him this week, asking a judge to force him to abandon guidelines that unilaterally oppose state law regarding all other sentencing improvements.
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