Downey police officers speak out against new law SB 1437

PHOTO BY ALEX DOMINGUEZ

Mark McDaniel, a captain with the Downey Police Department, speaks at Tuesday’s City Council meeting. McDaniel and other police officers were vocal in their opposition to SB 1437, a new law that reduces sentences to accomplices to murder.

DOWNEY — Downey police officers and other officials took to City Hall on Tuesday, taking a stand against Senate Bill 1437 in the wake of a disappointing sentence to one of the Ricardo “Ricky” Galvez murder defendants.

Galvez, a Downey police officer, was killed in 2015.

The wound is still extremely fresh for the Galvez family and many of the deceased’s friends, loved ones, and fellow officers after one of the accused suspects in the murder case – 20-year-old Abel Diaz – was remanded back to juvenile hall where it is believed he will serve a maximum of five years for his crimes.

The disappointedly light sentence is widely to be believed to be the fault of Senate Bill 1437, which was signed in September of last year by then Gov. Jerry Brown. Under SB 1437, prosecutors’ ability to use the “felony murder rule” to charge accomplices with homicide is now more limited.

At a recent council meeting, Mayor Rick Rodriguez asked for staff to come up with a resolution against the legislation. However, on Tuesday it was several officers and local officials who spoke up and took a stand.

The first to speak was Scott Collins, field representative for state Sen. Bob Archuleta, who said that he had spoken with police officials earlier in the day and asked to be kept updated on any progress concerning the Ricky Galvez murder trials.

“I have spoken with the Senator about it, I did give them a copy of the letter that [Galvez’s] brother submitted,” said Collins.

Ralph Diaz, a police officer and president of the Downey Police Officers Association, was next, and said that there were several other associations that were “up in arms” over SB 1437.

PHOTO BY ALEX DOMINGUEZ

Ralph Diaz, president of the Downey Police Officers Association, speaks at Tuesday’s City Council meeting.

“With Senate Bill 1437, the accomplice liability for felony murder, a juvenile in Ricky’s murder case is going to be released possibly by the age of 25 or even earlier,” said Diaz. “I’m a police officer and I understand the consequences of putting on my uniform every day; I understand I may not return home one day. I accept that fate. The suspects in the murder of Ricky were part of a gang, robbing people at gunpoint with reckless indifference. They accepted and understood the consequences of that lifestyle, and they should too accept their fate and remain behind bars for the rest of their life.”

Police Captain Mark McDaniel also spoke, representing members of the Downey Police Management Association, for which he currently serves as president.

“As law enforcement professionals, my members and I took an oath to uphold the law. It’s important. It’s in our DNA to speak up when there’s injustice, to be the voice for those who have been victimized,” said McDaniel. “We take this responsibility very seriously, and we will always protect our community and the residents that we proudly serve every day. We will always speak up for the truth, justice, and the rule of law, period.

“I was in court a month ago when Abel Diaz admitted to the murder of Ricky,” McDaniel added. “How in the world can Mr. Diaz be released out into our community in the next few years?”

McDaniel described SB 1437 as “dangerous.”

“SB 1437 eliminates murder liability for certain individuals that participate in felony acts,” he continued. “In the murder of Ricky and the subsequent prosecution and guilty plea of Mr. Diaz, there is no doubt this new law played a huge role in Mr. Diaz’s criminal case in juvenile court… This new law is retroactive, and has the potential to release convicted murders back into the community.

PHOTO BY ALEX DOMINGUEZ

“This is not a partisan issue. This is not Democrat or Republican…this is what is right and what’s wrong. It’s about the rule of law, it’s about justice. We have to get this fixed and make our community safer.”

Mario Guerra – who serves as a chaplain with the Downey Police Department – rounded out the evening’s speakers.

“Last month, just a few days before Christmas, we saw another injustice perpetrated upon the family of Ricky Galvez, because of the new law SB 1437,” said Guerra. “As a clergy, I believe in forgiveness, but I also believe in justice. Ricky’s family, our police department, his friends, our community have not received justice. It’s actually the reverse because of SB 1437.”

It is anticipated that city staff will present a resolution against SB 1437 to the City Council in the next couple of weeks.

NewsAlex Dominguez