A judge on Thursday denied legal challenge to the defense against a crime case filed against Los Angeles District Attorney's husband Jackie Lacey. He is charged with pointing a gun out the door while ordering a group of protesters to leave his Granada Hills property.
David Allan Lacey, now due to be tried in a San Fernando courtroom on October 2, was charged on August 3 with three gun assault charges involving protesters early on March 2.
Supreme Court Justice Patricia A. Hunter denied Defense Counsel Samuel E. Tire's allegation that the California Attorney General should have referred the case to the Los Angeles Attorney General for investigation of offense charges once it was determined that the Criminal charges were unfounded.
In a file filed on Aug. 11, Tire wrote: "… The California attorney general has no legal authority to bring misconduct charges on this case, and therefore his prosecution is excluded. As such, the Demurrer must be upheld. and the charges dismissed. "
The protest took place before sunrise. David Lacey was featured on a video showing a gun coming out of the front door of the couple's home and ordering Black Lives Matter protesters to leave the property. No arrests or injuries were reported.
The video can be heard of David Lacey ordering protesters from his porch as he shows the gun out the door. Protesters can be heard asking about his wife and asking him to remove the group from his property again.
Black Lives Matter members who attended the protest immediately condemned David Lacey's actions. Activist Jasmyne Cannick posted the video online and emailed links to local media.
Black Lives Matter has repeatedly protested Jackie Lacey, criticized her for failing to hold police officers accountable for the shooting of black suspects, and accused her of failing to meet with them to discuss the issue.
One of the members of the group, Melina Abdullah, who is listed as one of the alleged victims of the complaint, said the protesters disappeared from the Lacey's porch in less than 60 seconds.
Abdullah insisted that Lacey's house was not banned because the prosecutor was a civil servant and the BLM had never threatened her.
On Twitter, Abdullah claimed that David Lacey "pointed a gun at my chest and said I was going to shoot you". She noted that the counts made against him were "a misdemeanor but a charge".
Lacey is seeking her third term as the district's chief prosecutor. She faces a runoff election with former San Francisco District Attorney George Gascon in November.
Lacey received 49% of the vote in the March 3 primary, missing the majority needed to avoid a runoff.
In a statement released last month from her re-election campaign, she said: "The events that took place earlier this year caused my family immense pain. My husband feared for my safety after months of harassment a death included threat no less than a week earlier. Protesters arrived at my house just after 5am when I was upstairs. My husband felt we were in danger and acted out of sincere concern for our welfare. "
Shortly after the charges were filed, David Lacey's attorney said he and his client were "disappointed that the attorney general's office believed the conduct in question constituted criminal conduct".
"We disagree with their assessment at all, but we have the utmost confidence in the judicial system and are confident that the correct result will be achieved," Tire said in the August 4 statement.
"At this point we will not comment on the matter except to say that my client's human instinct is forever and always to protect his wife and family and protect them from physical harm. We look forward to everyone." relevant facts come to light. "