Domestic Violence, Military Diversion Granted, Torrance

Our client was a 22-year-old Marine. He entered the military in July 2019 and underwent bootcamp at Marine Corps Recruit Depot (MCRD) San Diego. After basic training, he was assigned to Second Battalion, 11th Marine Regiment at Camp Pendleton. His enlistment period was set to expire in July 2023, about a year after the crime at issue in this case.

While serving our country he has been awarded the National Defense Service Medal, the Sea Service Deployment Ribbon, the Marine Corps Good Conduct Medal and the Global War on Terrorism Service Medal. He had been deployed to Camp Hansen in Okinawa, Japan and made short deployments within the continental United States for various exercises his artillery unit was tasked to support.

Unfortunately, while serving our country, our client developed depression and suffered a traumatic brain injury (TBI) while operating a 155 mm artillery piece, as well as post-traumatic stress disorder (PTSD).

In June 2022, he was arrested at the Best Western Hotel in Torrance at about 1:30 a.m.. on suspicion of violating Penal Code § 273.5(a) (domestic violence) after his girlfriend reported that our client “kicked her on the right side of her face, causing her to fall backwards and hit her head on a table,” as written by a City of Torrance police officer responding to the 911 call.

Our client’s girlfriend stated she lost consciousness and thereafter awoke to our client holding a handgun to his own head, asking her, “Do you want me to kill myself?” and “This is all your fault.” Police observed a “minor laceration” on the female’s top lip.

Our client was thereafter arrested, but police were unable to find any firearm. Our client explained to police that he was frustrated and punched a wall. He denied any knowledge about a gun or guns.

The client was thereafter released after his parents posted a $50,000 bail bond for felony domestic violence. The client was then told when to appear in the Torrance Courthouse.

Once the client was released from custody, he called several attorneys, including Greg Hill & Associates.

The client discussed his case with Greg Hill, who was a Marine himself on active duty for seven years. Greg listened to the client describe what had happened and how he was an enlisted Marine stationed at Camp Pendleton.

Greg then explained what Military Diversion was under Penal Code § 1001.80 and how it worked.

This chapter shall apply whenever a case is before a court on an accusatory pleading alleging the commission of a misdemeanor offense, and both of the following apply to the defendant:(1) The defendant was, or currently is, a member of the United States military. (2) The defendant may be suffering from sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems as a result of his or her military service.

In discussing the case with the client, Greg noted that while Section 1001.80 merely requires a finding that the defendant “may be suffering” any of the enumerated disabilities as a result of his/her military service. Here, there was no “may,” as the client’s medical records showed our client suffered from depression (arising in September 2021), a traumatic brain injury and post-traumatic stress disorder. Moreover, while defendant was not required to show a nexus between the service-related trauma and the criminal offense, here that nexus did exist because the client told the police he was severely depressed.

The client then retained Greg Hill & Associates and Greg immediately filed a Motion for Military Diversion.

Curiously, the prosecutor opposed the motion on grounds that diversion should not be granted to our client because he was dangerous to the public because he had access to firearms. Greg had to respond to this argument by pointing out to the judge that all active duty military members have access to firearms, so if such grounds for denying the motion were found dispositive, no active duty military member could be granted diversion, which the California Legislature certainly did not intend in making diversion available to active duty military members.

The judge in Torrance granted the motion, suspending proceedings and ordering that our client continued counseling with the Department of the Navy on base and thereafter, upon separation from the Marines, enroll in and complete the 52 session batterer’s program.

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