Victim Stories: Kevin Orellana - Gascon Must Go
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Victim Stories: Kevin Orellana

Posted at h in Victim Stories by

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On April 24, 2013, brothers Anthony and Michael Carpio attacked 18-year old Kevin Orellana who was at the handball courts on the campus of Cleveland High School in Reseda. Michael started the fight, but Anthony pulled a knife and stabbed Orellana 10 times in the head, neck, and left and right torso. Anthony Carpio, who was 16, was initially charged in adult court. A jury convicted both defendants of second degree murder with a gang allegation. Anthony Carpio’s case was sent back for a retroactive transfer hearing which Gascon refused to conduct, so Anthony Carpio was released from custody serving only 8 years. Michael Carpio has a pending parole hearing. Gascon’s blanket policy bars prosecutors from attending parole hearings so the family will be abandoned at the parole hearing as they continue to seek justice for Kevin’s murder.

Most crimes committed by juvenile offenders are correctly prosecuted in juvenile court so they can receive rehabilitation, which is expected to cure their criminal behavior. The law, however, recognizes 30 violent crimes for which 16- and 17-year-olds can be prosecuted in criminal court. These crimes include murder, home invasion robbery, carjacking and aggravated sexual crimes. The legal mechanism to move a case from juvenile court to criminal court is for the District Attorney to conduct a transfer motion. Gascón states we should “treat kids like kids” and never prosecute them in criminal court. Juvenile jurisdiction ends when a person turns 25, so if they are not transferred to criminal court, they are released after serving only a few years in custody for violent crimes.

 

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