Our San Clemente domestic violence criminal defense attorneys have followed with interest the ongoing fallout from domestic violence case in San Diego. Diana Gonzalez, a 19-year-old nursing student at San Diego's City College, was found beaten to death in a men's bathroom there, allegedly at the hands of her husband, Armando Perez. Perez had beaten, raped and imprisoned Gonzalez in an earlier incident, causing Gonzalez to file a criminal complaint and apply for a protective order against him. Perez was released from police custody just weeks before the murder, due to insufficient evidence. Gonzalez's family and friends, and anti-abuse activists, are upset with the county district attorney's office for its handling of the case and organized a protest march Dec. 9. Perhaps in response to the criticism, San Diego County DA Bonnie Dumanis co-authored an op-ed in the San Diego Union-Tribune Dec. 2 about warning signs of domestic violence.
Gonzalez was married to Perez, 37, in January of this year. They had a child who is now about a year old. Perez had been married before, with two children, but that marriage ended shortly after he was charged with domestic violence against his previous wife. Gonzalez had apparently reported at least 20 incidents of abuse during the couple's short marriage. However, they were already estranged when Perez apparently showed up in the parking lot at City College, kidnapped Gonzalez and imprisoned her in a motel for three days, where he beat, choked and repeatedly raped her. After that incident, she filed for and received a protective order and changed her phone number. Her family made efforts to escort her everywhere she went, but apparently Perez escaped notice when he found Gonzalez on campus and beat her to death. His car was later found abandoned in Tijuana. Protesters are upset that the prosecutor's office won't explain why Perez was not charged.
We understand the outpouring of grief and anger from Gonzalez's family, friends and community. However, as Manhattan Beach domestic violence criminal defense lawyers, we suspect there's more to it than people who aren't familiar with the law realize. In the op-ed, Dumanis and her co-author say prosecutors file charges in every case prosecutors believe they can prove beyond a reasonable doubt. This is the standard for every criminal case, and domestic violence defendants deserve the same protections afforded to everyone in our legal system. In some cases, the problem is a lack of witness testimony or evidence to corroborate the accuser's story, because much of the behavior that leads to accusations happens behind closed doors. In others, the accusers may even change their stories. Prosecutors can continue their cases even when this happens, but changing the story typically hurts the case against the accused.
Howard Law, P.C. represents people accused of spousal battery, spousal abuse and other domestic violence crimes in California. As this story suggests, a domestic violence case is not necessarily a slam-dunk, even when the prosecutor's office has the kind of corroborating physical evidence it had in the Gonzalez case. Prosecutors must still balance the credibility of the accuser and the accused, as well as other factors. That's why our Chino domestic violence criminal defense attorneys look carefully at the full picture in every domestic violence case we take. In some cases, the accuser may have an ulterior motive, such as an attempt to blacken the other person's name in a child custody case. And charges can and do arise out of misunderstandings and gender-based bias from police officers who unfairly assume the man must be at fault.
If you're charged with domestic violence in California, you should talk to Howard Law, P.C. as soon as possible about your rights and your case. To learn more or set up a free consultation, send us a message through our website or call 1-800-872-5925 toll-free.
