San Diego DA doesn’t want LA DA to prosecute her cases

In an unprecedented move, San Diego County District Attorney Summer Stephan called on Los Angeles County District Attorney George Gascón to return certain criminal cases to San Diego, citing Gascón's announcement to do away with sentence enhancements, allowing for lesser sentences for criminal defendants who use guns and have prior convictions.

Stephan filed a motion Friday in Los Angeles County Superior Court to revoke authorization for the LA DA's office to prosecute a defendant charged with committing five armed robberies in San Diego County before heading to Los Angeles and murdering two people. Stephan filed the motion after learning of Gascón's intention to dismiss gun and double murder special circumstance sentence enhancements, resulting in the defendant being eligible for parole in 20 years if he is convicted.

Stephan has said Gascón's policies violate Marsy's Law, in which victims are to have input about prosecutorial decisions that would lessen prison time.

"None of the innocent store clerks who were robbed at gunpoint in San Diego County were allowed to provide input on whether 20 years in prison served the interests of justice or public safety," Stephan wrote in a letter to Gascón. "I cannot be an unwilling participant to your actions and decisions by continuing to allow your office to prosecute the San Diego robberies."

The case was turned over to LA County for prosecution when Gascón's predecessor, Jackie Lacey, was in office.

A hearing in the case is set for Monday when a judge will decide whether to keep or drop the enhancements and special circumstances. The judge will also listen to Stephan's motion about returning the armed robbery charges to her office, according to her statement.