Ex-DA's husband granted diversion on gun charges

The husband of former Los Angeles County District Attorney Jackie Lacey has been granted diversion in a criminal case that alleged he unlawfully pointed a gun at three Black Lives Matter activists outside the couple's home last year.

Under conditions imposed by Superior Court Judge David W. Stuart Thursday, David Lacey will have to complete 100 hours of community service, 13 anger management classes, a firearm training class and will be prohibited from owning a firearm during the 18-month diversionary period, his attorney, Samuel E. Tyre, said. If he completes the program, Tyre said Lacey will avoid any risks associated with a trial and will be guaranteed the charges against him will be dismissed.

Lacey was charged last August by former Attorney General Xavier Becerra with three misdemeanor counts of assault with a firearm. Becerra assumed prosecutorial responsibility in the case as his wife was the incumbent DA at the time.

The criminal complaint alleged Lacey unlawfully pointed his gun moments after three protesters came up on his porch, rang his doorbell in the early hours of March 2 and demanded a meeting with the DA. People v. David A. Lacey, OSV00309 (Los Angeles Sup. Ct. Filed Aug. 3, 2020).

Tyre said he requested diversion for Lacey under Penal Code Section 1001.95, which gives judges discretion to offer diversion in misdemeanor cases over the objection of a district attorney.

"I do think that this is an appropriate case for diversion under that code section," Stuart said, according to a court transcript. "We have a 67-year-old man who has led an otherwise exemplary, productive life. No arrests or convictions of any kind."

Stuart said he has "every confidence that this will be a good resolution in this case."

A spokesperson for Attorney General Rob Bonta said he proposed the diversionary terms, which were agreed upon by the judge, Tyre and Lacey.

The incident, which occurred a day before the March primary election that resulted in a runoff between DA Lacey and now-DA George Gascon, caused Lacey's family "immense pain," the former DA said in a statement after charges were filed against her husband. She said he acted "in fear for my safety after we were subject to months of harassment that included a death threat no less than a week earlier."

In an email, Tyre said, "We continue to maintain David was acting lawfully the night of the incident and doing nothing more than protecting his family from protesters."

Carl E. Douglas, a partner at Douglas/Hicks Law who represents the Black Lives Matter activists in a civil suit against Lacey, did not respond to a request for comment Thursday.