Charges:

1. PC 187(a)-F Murder
2. PC 192(a)-F Voluntary Manslaughter

Case Overview:

Case Title: The People of the State of California vs. T.D.V
Case Number: BA47452****
Filing Date: January 23, 2019
Arrest Date: December 26, 2018
Filing Courthouse: Clara Shortridge Foltz Criminal Justice Center
Case Type: Felony
Judge: Hon. Judge Robert C. Vanderet

Incident Background

On the evening of December 26, 2018, our client was riding a bus home, watching a Netflix show on their phone. At the bus stop at Vernon and Central in Los Angeles, an intoxicated individual began causing a commotion. Our client inadvertently made eye contact with this individual, who then aggressively confronted them, demanding to know if our client was looking for a fight. Attempting to ignore the provocations, our client focused on their show.

When the bus reached our client’s stop, they tried to exit through the rear door but were blocked by the aggressive individual. After several polite requests to pass were ignored, our client was forced to push past. The individual followed our client off the bus, threw down his belongings, and charged, striking our client in the face. Despite our client repeatedly stating they did not want to fight, the assault continued. Fearing for their safety and feeling physically overwhelmed, our client, who suffers from seizures and carries a folding knife for work, defended themselves. In the ensuing struggle, the aggressor was fatally wounded.

The District Attorney’s Office charged our client with PC 187(a)-F Murder, a charge that carried the possibility of life imprisonment

LEGAL STRATEGY AND PROCEEDINGS:

Attorney Arash Hashemi represented our client, crafting a comprehensive legal strategy to secure a favorable outcome. Attorney Hashemi’s approach included filing several crucial motions:

1. Motion to Dismiss Information (995 Motion):
   • Attorney Hashemi argued that the prosecution lacked reasonable or probable cause to charge our client with murder. He emphasized that the evidence did not support the element of malice aforethought required for a murder charge
   • The defense highlighted the prosecution’s failure to provide timely discovery, particularly the contact information of a key witness, who could corroborate our client’s claim of self-defense.”
2. Motion to Dismiss for Lack of Speedy Trial:
   • Attorney Hashemi demonstrated that the prosecution’s delays violated our client’s constitutional right to a speedy trial.
   • The delay significantly prejudiced the defense’s ability to prepare, as Byron Coc, an essential witness, became unavailable due to the prosecution’s failure to disclose his contact information.
3. Brady Motion to Compel:
   • Attorney Hashemi filed a motion to compel the prosecution to provide the contact information for Byron Coc, whose testimony was critical in establishing self-defense.
   • The defense cited the prosecution’s duty under Brady v. Maryland to disclose exculpatory evidence.

KEY HEARINGS AND DECISIONS:

• August 2, 2021: During the disposition hearing and jury trial, Attorney Hashemi effectively negotiated a plea agreement. The prosecution agreed to dismiss the PC 187(a) murder charge in exchange for our client’s nolo contendere plea to the reduced charge of PC 192(a)-F Voluntary Manslaughter.
• Judge Robert C. Vanderet sentenced our client’s to six years in state prison. He received 925 days of credit for time served and 31 days of conduct credit, totaling 956 days of jail credit.
• The court stayed sentencing on the allegation under PC 12022(b)(1) based on the plea agreement.

SENTENCING DETAILS:

• Charge: PC 192(a)-F Voluntary Manslaughter
• Sentence Date: August 2, 2021
• Sentence: Six years in state prison
  • Credit for Time Served: 925 days
  • Conduct Credit: 31 days
  • Total Jail Credit: 956 days

CASE RESULTS:

1. PC 187(a)-F Murder: Dismissed due to plea negotiation.
2. PC 192(a)-F Voluntary Manslaughter: Conviction after plea of nolo contendere.

CONCLUSION:

Attorney Arash Hashemi achieved a significant legal victory for our client. Through strategic motions, effective negotiation, and diligent legal work, Attorney Hashemi secured a reduction in charges from murder to voluntary manslaughter. This outcome substantially decreased our client’s potential sentence, providing a more just resolution to his case.

Practice Area(s): Criminal Defense
Court: Clara Shortridge Foltz Criminal Justice Center

Facing Serious Charges? Contact a Los Angeles Self-Defense Attorney Today

Facing allegations of serious injury or death resulting from a self-defense situation can lead to aggressive prosecution and severe penalties, including substantial fines and significant prison time. With over 20 years of legal expertise, Attorney Arash Hashemi specializes in navigating these complex self-defense cases, ensuring that your side of the story is heard and rigorously defended. As a seasoned attorney with extensive experience in a wide range of criminal cases—from petty theft to murder—Arash is well-equipped to challenge the charges against you. He has successfully represented thousands of Californians, argued before the California Court of Appeals, and holds the prestigious position of 2024 President of the Criminal Courts Bar Association.

If you’re facing charges and need dedicated, knowledgeable defense to uphold your claim of self-defense and strive for dismissal or acquittal, contact The Law Offices of Arash Hashemi. Call us at (310) 448-1529 or visit our office in the Westside Towers of Los Angeles for a free consultation. Let us help protect your rights and secure the best possible outcome for your case.