Downey City Council condemns Gascón with no-confidence vote

DOWNEY – The City Council cast a symbolic vote of no confidence in Los Angeles County District Attorney George Gascón on Tuesday, joining 30 other cities in voicing their displeasure with the DA’s controversial directives.

George Gascón

A resolution placed on the agenda by Mayor Claudia M. Frometa criticized Gascón for implementing special directives that result in “undermining the criminal justice system’s goal of protecting the general public and victim’s rights.”

However, the move has been criticized by some in the community for its timeliness, as the council has put off making any kind of such action until after Councilman Mario Trujillo retired from his position with Gascón earlier this month.

Before the vote, the mayor emphasized that the council had no power over the future of the district attorney.

“This is not something that cities should necessarily be bringing forth,” said Frometa. “When people elect individuals into office, it is the people who need to take it upon themselves to remove an individual; it’s not really cities or councils that need to be discussing this sort of situation.”

Frometa went on to say that a vote against Gascon “doesn’t mean anything.”

“It doesn’t mean anything because it is a symbolic vote,” said Frometa. “Thirty other cities and other councils, in many cases a 4-1 or 5-0 vote has taken place; nothing has changed. As a council, we can’t change the fact that DA Gascón will continue to be DA Gascón.”

“The reason we have this matter before us is because I have been listening to the concerns of the residents of Downey.”

Neighboring cities including Norwalk, Santa Fe Springs and Whittier have all cast votes of no confidence against the DA.

Gascón has drawn scorn from local communities for declining to prosecute lower-level crimes.

According to statistics provided by the Downey Police Department, Gascón has rejected more than 40% of criminal cases presented to the District Attorney’s office for prosecution. Most of the cases were for misdemeanors such as larceny, public intoxication, and trespassing.

Narcotic violations have been rejected at a rate of 90.7%.

Councilman Sean Ashton voiced his displeasure with some of the moves taken by the DA but conceded that Gascón had delivered what he promised on the campaign trail.

“I have to think back on some of these issues, and I think as an elected official, he actually said what he was going to do, and then he got elected, and then he actually did what he was going to do,” said Ashton. “When you think of elected officials, regardless of what that was, he actually said what he was going to do. I can think of a lot of elected officials that will tell you one thing and do something else.”

Trujillo, who served as one of Gascón’s special advisors, was largely deflective and defensive in his comments.

“This idea that murderers will be released in the State of California because George Gascón has issued these directives is being exaggerated to the point where now we’re saying he’s releasing people, dangerous people, and serious people much earlier,” said Trujillo.

“There’s still a concept of danger that we consider in the office, and for anyone to believe that George Gascón or the staff is bent on releasing dangerous criminals is preposterous.

“There are different systems of checks and balances in this system. We still have three branches of government; Mr. Gascón only serves in one.”

“Let’s not forget that there are judges out there looking out for us, because they have a responsibility to look out for dangerous individuals and not release them.”

Trujillo added that “we are strapped with budget concerns across the board,” pointing to the Los Angeles Board of Supervisors over the shift in how drug charges are approached.

“The office did make a determination that we would not file on first time offenders in some misdemeanor areas. The narcotics charges… We’re being asked to look at narcotics, addiction, through a public health lens,” said Trujillo. “Most of these addicts are not dangerous; they’re ill, and many of them are in our families, and you know some of them.”

“For you to believe that the best way to deal with that is to incarcerate people is antiquated. We must use our resources in a way that will address the health concern.

“If you want people to be locked up for carrying a meth pipe, being high as a kite on these drugs, LA County is not the place where that is going to happen, and much of America is no longer doing it.”

Councilwoman Catherine Alvarez suggested that the council should side with the results of the election but stopped short of voting either for or against the DA.

“Our voters voted for Gascon; he won the majority of votes in Downey,” said Alvarez. “We need to stand with the voters.

“This is the new way of thinking about justice. Instead of revenge, let’s give people the opportunity to improve.”

Council members approved the no confidence vote on a 3-1-1 vote, with Trujillo in opposition and Alvarez abstaining.

Shortly after, the mayor asked Trujillo to initiate a dialogue between the city and Gascón.

“What he’s trying to do is commendable; our criminal justice system does need to be reformed,” said Frometa.