HomeMy WebLinkAbout2022 City Attorney Reports 2000 Main Street,
A ; Huntington Beach,CA
92648
City of Huntington Beach
File #: 22-292 MEETING DATE: 4/19/2022
Community Prosecutor Program Update
City of Huntington Beach Page 1 of 1 Printed on 411312022
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Community Prosecutor
Program
City Attorney's Office
History of the Community
Prosecutor Program
• 2016— Strong interest in supporting Huntington
Beach Police Officers and their work in our
community after State implementation of Props
47, 57 and AB109, which reduced the
classification of a number of felonies to
misdemeanors, reduced penalties
• Recognized a need to address crime concern,
within the community, especially crimes that
impact Huntington Beach residents' quality of
life and the downtown business owners
SUPPLEMENTAL
COMAMU NI /CATION
Meeting Date: ti /(I q a�
Ager4a B.m No.**I; �� .�
History of the Community
Prosecutor Program
City Charter, Section SO9(b)
"Prosecute on behalf of the people any or all
criminal cases arising from violation of the
provisions of this Charter or of City ordinances
and such state misdemeanors as the City has the
power to prosecute..."
History of the Community
Prosecutor Program
• July of 2016 — Memorandum of
Understanding entered into with the Orange
County District Attorney conferring to the
City Attorney authority to prosecute State
misdemeanors under the California Penal Code
• With City Council support and approval, the
Community Prosecutor Program was created
History of the Community
Prosecutor Program
• Prosecutor Program Goals:
• Charge and prosecute crimes impacting Huntington Beach
downtow n businesses
• Charge and prosecute crimes impacting Huntington Beach
residents' quality of life
• Provide Prosecutorial Support to I luntington Beach Police
Officer criminal arrests and citations
• Maintain a rolling average of 100 criminal cases
• Obtain com it tions,prohation, stay away orders, restitution,etc
• Create and or utilize diversionary programs for offenders
• l'ros,wvte Nuisance abatement cases
History of the Community
Prosecutor Program
In 2o19. City Ns as m%arded the
Golden Hub of Innovation Award _
Public Safety, by the
.\ssociation of California Cities. for
Community Prosecutor Program
Types of State Crimes (Penal Codes)
• Resisting Arrest — PC 148(a)
• Indecent Exposure — PC s 14.1
• Shop]ifting— PC 459.5
• Possession of Burglary Tools — PC 466
• Petty Theft — PC 484/488
• Vandalism — PC 594
• Trespassing — PC 602
• Disorderly, Lewd Conduct— PC 647(a)
• Illegal Lodging— PC 647(e)
• Disorderly Conduct— PC 647(l)
Recent Results
o Criminal Cases filed in Court, May '20—April '21:
Its Active
• 1,16 Convictions
✓ 106 jail sentences
✓ 19 probation
✓ I r stay away orders
✓ 1.1 diversion
o Criminal Cases filed in Court, May '4l — March '44:
• 437 .\dice
• SU t. �pt IC I10115
✓ +t jail sentences
✓ S probation
✓ 8 stay away orders
✓ 9 diversion
Deputy Community Prosecutor
Steven Pomeroy, Esq.
• Started with Huntington Beach in September 2041
• Undergraduate work at U.C. Berkeley,
studied law at Loyola Law School
• Served as a Deputy District Attorney
with Humboldt County for 4 years
• Ili story of prosecuting felonies and misdemeanors
• 11'.tory of Conducting preliminary hearings,
uartion work, bench and jury trials
Examples of Cases Prosecuted
• Public Intoxication - Penal Code Section 647(o
On 7/29/2o, HBPD responded to 619 Main St. in
reference regarding a suspicious person jumping a fence
into a residential backyard. When officers arrived, they
approached the suspect and could immediately smell
alcohol on him. The suspect's words were slurred and
he was ha%ing difficulty sitting in an upright position.
After arrest and prosecution, the suspect pled guilty to
Public Intoxication and was ordered 14 days jail and
ordered to pay fines.
Examples of Cases Prosecuted
• Resisting Arrest - Penal Code Section 148(a)(1)
On 8/3s/s0, HBPD responded to 16612 Beach Blvd.
regarding a suspect with a baseball bat chasing
customers at a business. Upon arrival,officers observed
the suspect walking in front of "Top Hat liquor carrying
a bat in his hand and a large knife in a sheath on his hip.
As officers attempted to arrest and handcuff the suspect,
he pulled a%%ay. Officers were able to regain control and
handcuffed and arrested the suspect. After arrest and
prosecution, the suspect pled guilty to Resisting Arrest
and received *1 days jail and was ordered to pay fines.
Examples of Cases Prosecuted
• Petty Theft - Penal Code Section 484/488
On s/3-/30, HBPD responded to petty theft call at
Walmart located at 8250 Talbert. When officers arrived
they discovered that the suspect had been gathering
several items of women's clothing and novelty jewelry
and placing them in her oversized bag. After concealing
the items, the suspect had walked past the registers
without rendering payment for the items. After arrest
and prosecution, the suspect pled guilty to Petty Theft
and received 91 days jail and was ordered to pay fines.
Diversionary Programs
First-time offenders are given an opportunity to
earn a dismissal if they complete certain
requirements including:
• Residential drug and alcohol treatment
• Alcoholics Anonymous or Narcotic
\nonymous meetings
• Huntington Beach community service
supporting, e.g., the Bolsa Chica Conservancy-,
beach clean up efforts, etc.
Community Prosecutor Program
Work closely with the Orange County District
Attorney's Office and their deputies on a regular basi>.
1 am pleased with the success of the
Community Prosecutor Program in Huntington
Beach.The efforts of the Community
Prosecutor has ensured that the City upholds
and defends the rule of law,brings criminals to ti
justice,and ensures quality of life throughout �s
the City. I fully support the work of City
Attorney Michael Gates and his team.'
-Todd,Spitzer,Orange County District
Attornev
Community Prosecutor Program
1 mproving the Quality of Life for Huntington Beach by
prosecuting local crimes, reaching out to the victims of crime,
and supporting the work of the Huntington Beach Police
l*partment