LOS ANGELES, Calif. — During a contentious probation violation hearing in a Los Angeles County courthouse on Wednesday, Judge Lauren Weis-Birnstein granted the prosecution’s request to sentence a man to two years in prison, despite the defense’s request that the court review video evidence from the underlying incident.
The accused was charged with three counts of violating the conditions of a protective order imposed by his spouse in mid-December. As stated by the prosecution, the accused had been ordered to stay away from his spouse, as well as her home, workplace and vehicle.
Despite that order, the accused contacted his spouse twice, then called his son, who lives in the spouse’s home, to arrange pickup of his clothes. Deputy Public Defender Carlos Sanchez noted that the accused said he believed his spouse would not be home during the visit. However, while he was there, the spouse arrived and a violent altercation followed.
Deputy District Attorney Karen Montoya asked the court to sentence the accused to two years in prison, citing a strangulation allegation made by the complaining witness. After making that argument, Montoya acknowledged there was video of the incident, although she said the charge was “hard to prove.”
In response, Sanchez argued the allegation was far less serious than conduct that would typically constitute strangulation, stating the video showed “merely a forearm pressed on the victim’s chest.”
After the background of the incident was presented, the spouse asked to address the court. She requested that the accused receive the maximum sentence of three years. She described the man as a “con-artist” who could be seen as a “physical and violent abuser.”
Despite the defense’s request that the court review the footage, Judge Weis-Birnstein sentenced the accused to two years in prison, with credit for 249 days served. The accused is to be placed on parole after serving the sentence, and the original 10-year protective order will remain in effect.
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