DAs vow to prosecute vandals and looters

Prosecutors in counties hardest hit by looting and vandalism are facing tough decisions on who to charge in light of the state's temporary zero bail schedule.

Some were quick to release extensive breakdowns of who they are charging and why, while others have only hinted at how their offices might act when law enforcement agencies give them a case.

Sacramento County District Attorney Anne Marie Schubert said Tuesday she supports the right to protest but asserted her office is prepared to "zealously prosecute those who choose violence, looting or lawlessness over peaceful protest."

It appears she's holding true to that plan.

As of Tuesday, local authorities in Sacramento handed 11 cases involving 14 arrestees suspected of burglary and looting to her office for review. Of those, Schubert has brought looting charges against nine people in six cases. That number could grow as Schubert declined charges in two cases pending further investigation.

Counties throughout the state have set curfews and though many protesters engaged in civil disobedience and refused to go home, some have seized the opportunity to wipe stores clean after curfew. Others have turned to violence, attacking passersby and shop owners, hurling objects at police officers, and in one instance, killing a federal agent in Oakland.

In Los Angeles County, where Wednesday marked the fourth consecutive night of a county-wide curfew and thousands of National Guard troops have been deployed, authorities are overloaded with arrests.

Police Chief Michel Moore told the Police Commission Tuesday that more than 2,700 people have been arrested since the protests began last week. More than 60 police vehicles had been damaged or burned, he said.

That arrest number grew significantly from his Monday announcement that 700 people had been arrested Sunday. Moore said 10% of Sunday's arrests were connected to burglary or looting.

LA authorities are now being scrutinized for using UCLA's Jackie Robinson Stadium as a temporary jail for arrested protesters. The university said it was "troubled" by the use of its stadium to house arrestees, most of whom were taken into custody for violating the curfew.

"This was done without UCLA's knowledge or permission," the university tweeted Tuesday night. "As lessee of the stadium, we informed local agencies that UCLA will NOT grant permission should there be a request like this in the future."

Los Angeles County District Attorney Jackie Lacey said this week that prosecutors would bring looting charges against those who burglarize businesses during the protests.

"Looting is an offense that does not qualify for zero bail pursuant to the Judicial Council's order," Greg Risling, a spokesperson for Lacey, said Wednesday. "The district attorney's office will continue to fairly evaluate every case on its merits and file all appropriate charges supported by the facts."

At a new conference Monday, Lacey called on victims of looting to preserve videotapes of crimes to aid her office in prosecuting them.

"If you are a victim of a crime, if your business was in fact looted, vandalized, please do not erase any videotapes," Lacey said. "We need that. In court, we'll be able to use that."

In Orange County, District Attorney Todd Spitzer encouraged peaceful protests but asserted looting and rioting will be prosecuted. Spitzer said these acts "desecrate" the memory of George Floyd, the black man whose Memorial Day death at the hands of a Minneapolis police officer sparked nationwide protests in at least 140 cities.

"I am calling on every police chief and the sheriff to submit their looting and rioting cases to me for criminal prosecution as soon as possible," Spitzer said Sunday. "The Orange County district attorney's office will prosecute every criminal act we can prove beyond a reasonable doubt in a court of law."

Spitzer's office announced Wednesday the county's first civil unrest felony charges were filed against two men accused of attempting to steal a police vehicle and throwing a rock and bottle at officers in Santa Ana over the weekend. They are being held at Orange County Jail on $20,000 and $50,000 bail respectively.

In San Diego, authorities have arrested more than 100 people for allegedly failing to disperse after curfew, allegedly assaulting officers and alleged vandalism, according to the San Diego Police Department.

District Attorney Summer Stephan said Tuesday that the majority of those protesting are peaceful, but those who resorting to violence and looting will be charged.

"Protesting is an inalienable right recognized by the U.S. Constitution. Rioting is a crime," Stephan said. "As district attorney, it is my responsibility to prosecute those who choose violence, looting or lawlessness to harm our community."

A spokesperson said Wednesday it could be three months before the DA makes a charging decision on those suspected of committing felonies during the protests.