SFDA: Tough on crime?

We've been hearing for years how officers on the street feel the San Francisco District Attorney's Office soft pedals some of the cases presented by the SFPD. Case in point: thirty-two-year-old Earl Davis.

Earl Davis on Starbucks' Surveillance
February 22, 2009

He was well-known by police in the neighborhood -- Davis has a criminal record dating back to February 1995 when he was convicted of auto burglary. In the years that followed, Davis received convictions for selling drugs, domestic violence, DUI, petty theft and two cases of battery, with frequent probation violations along the way. So, when police spotted him hiding under a parked car with $200 he had robbed from a Starbucks this February, they thought he would finally do some serious time -- the range for robbery is two to five years in state prison.

But, Earl Davis got a plea deal from the DA's Office for second degree robbery with just nine months in county jail. This is Davis' second felony, so there apparently was no "three strikes" issue. Jeff Ross, head of the SFDA's Office Criminal Division, characterizes it as "a mistake": "This came out of our preliminary hearing unit which is normally populated by young lawyers who have succeeded in getting through misdemeanors, minor crimes, and are experiencing their first time dealing with felony matters."

Ross argues that felony convictions are up 20-percent since Kamala Harris took over as D.A. in December 2003. But, critics say convictions have increased because the DA's Office is settling cases quickly, instead of pushing for tougher, appropriate sentences ... such as the case of Earl Davis.

Davis' arresting officer told us, "You know, I just feel disappointed with the whole thing. And unfortunately, a lot of police officers in San Francisco are completely disappointed with the justice system in this city."

Comments

[Meg]

I work in one of the jails in SF and we are constantly literally kicking inmates to the curb when their charges are dropped-which they are astoundly frequently. Several inmates come to mind who have assaulted doctors and nurses at SF General and invariably they are free to go after sometimes only a few hours! Not even long enough for the "3 hots and a cot" some of them are seeking (the jail is becoming the biggest provider of mental health care in the City due to service cutbacks.
It sends the message that you can do whatever anti social thing you want in SF and get away with it!

[Sapphire]

I work in one of the criminal justice departments in San Francisco and unfortunately Mr. Davis's story is not unique. In my dept. just about every felony case comes through and you would be amazed to see the number of violent criminals end up back on the street with a sentence of probation. There are several examples I could list here but I will only do one: I had a case where the individual robbed the victim for his iphone; the charge was reduced from robbery (the more serious offense)to grand theft from person (presumably a less serious crime). The perpatrator was already on federal probation for possessing a firearm plus he had an assault case in his background. His federal probation officer stated that he was suitable for probation in the community and there were revoking his probation and sending him back to federal prison for 18-24 months. What do you think our D.A.'s office did? He received probation; no state prison time. Criminals know that you come to San Francisco to commit a crime because you will get a slap on the wrist. They don't like going to the surrounding counties (San Mateo, Marin or Santa Clara) because they will receive a harsher punishment.

[Sapphire]

I need to clarify that the earlier comment should have stated that his federal probation officer the individual was unsuitable for probation in the community.

[sleepy]

I also work in the criminal justice system here in San Francisco. This story is by far one

of the least horrifying instances of misguided justice I have seen. You think that is a

biased opinion? Talk to the criminals, I bet they will tell you the same thing. They love

this city!! They will tell you what is perched on everyone's tongue, just too afraid to

release the ugly truth.

Speak to the Officers on the street. I would sugest starting with stations like Southern,

Tenderloin, Northern, Park... all the inner city stations. Spend some time in a court room,

and watch as the plea deals unfold before your eyes. Find out about the "double secret

probation status". See how many Hardened drug dealers get "drug rehab" for selling LARGE

quantities of cocaine. "prop 36" eligability is meant for users right? See how many dealers

get pleaded down to user status and get away with the prop 36 loop hole. This issue is a

powder keg waiting to go off, and you hold the match. I hope that this will have not been

in vain. Will you fight for San Francisco? I hope you do.

[sleepy]

For my prior post. Not sure why it indented that way, it was formatted properly. Anyway, please excuse the silly indentation.

[miz davis]

as mr davis wife could we please go on with life iam deeply sorry and ashame of what he did my children are really hurt over his bad judgement i wish to say sorry to both starbucks and please i don't know what els to say but sorry i am sooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo sorry

[Maria O'Conner]

are you really serious about asking if Kamala Harris is tuff on crime?

let's start with something easy like the intentional murder of a Police Officer killed by a gang member with an assault weapon, in most places that would get you the death penalty

or what about the murder of three people by a gang member, but that case is has been pending for how long and Kamala Harris has still not decided to seek the death penalty in that case

but wait, their is this recent case of mr mitchell killing his ex wife, mr mitchell was on probation and had a stay away order, I guess that order did not work out too well.

but let's not forget that back on track program where 50% of the people fail the program outright, and supposedly another 10% commit a new offense after completing the program, but I wonder if that means that have not reoffened in San Francisco.

but seriously, if Kamala Harris is elected to the Attorney General's Office I am sure crime will go down.

but if it doesn't so their are more victims of crimes, cause truely what are the odds of you becoming a victim of a crime, but if you are one of the victim's of crime I guess it is a 100% for you.

[Maria O'Conner]

but blaming Kamala Harris only is not really fair, cause their was that tuff on crime chief fong, who never said a word about the murder of a Police Officer, but made a bid deal about several Police Officers making a video

I forgot she was working behind the scene, yep a couple of winners in San Francisco.

maybe we need to change the name of Law Enforcemnt in San Francisco to crime is okay, because their is no crime to big and no plea to small. hopefully that survey will tell the Police Department how people feel about crime

real winners who came up with that idea

[Ralph]

Newsom wants to keep city crime statistics down, to help him get the governership, I would guess.