Hermosa Beach, Vandalism of Gate, Judicial Diversion

Our client, age 24 and from Sacramento, went out to Hermosa Beach with friends he knew from high school.  The group was all party of a wedding planned the next day for a mutual friend of theirs.

The group first went to American Junkie and after a few beers went across the Pier Plaza to Tower 12.

The group stayed at Tower 12 for an hour or two before they decided to catch Ubers back to their homes or hotels.  Our client was staying in a local hotel.

As our client left Tower 12 at about 1:45 a.m., he realized he needed to use the restroom to urinate.  Tower 12 refused to let him back in to just use the restroom, so our client decided to walk out toward the beach to find a dark place to urinate before calling an Uber to get a ride back to the hotel.

Our client found what he believed to be a hidden place, but it was actually very well lighted.  He urinated right near the front door of a home along the Strand.  A still photo from an officer’s body-cam video showed our client with his back to the officer and the client with his hands near his waste standing in a way that most men stand when urinating.

The Hermosa Beach Officer observed this and issued our client a ticket for violation of Penal Code § 372 (“public nuisance”) and left.  Our client was stunned to receive this ticket, as he had no prior criminal history.  He was a college graduate and was working as an accountant.

Our client continued walking along the Strand while very drunk.  According to the police report, at about 2:15 a.m., or 30 minutes after receiving his ticket for public urination, he entered the side yard walkway of another home along the Strand by climbing over a large plastic covered trash can and then climbing over a wooden gate.

As the client climbed over the gate, he broke the wood on the top of the gate.  The noise associated with this climbing awoke the homeowner inside the house, who observed our client climbing over her gate into her courtyard area.  The homeowner called the Hermosa Beach Police Department to report an intruder, our client.

Our client then walked around the courtyard within the house for about 45 minutes, periodically trying to open the locked door leading into the house.

He finally left the home’s courtyard at about 3:00 a.m. by the same route – climbing over a gate and then climbing over the large plastic trashcan.  He then left and used an Uber to return to his hotel.  The police never responded to the home, luckily for our client.

The following morning, the homeowner inspected the area of her courtyard and found our client’s driver’s license and his crumpled ticket for public urination, both of which had our client’s name.  She then drove over to the Hermosa Beach Police Department and walked in with our client’s driver’s license and ticket for public urination.

She then demanded to make a police report and was angry at the police for not responding to her house.   She brought the “Ring” video of our client in her courtyard and showed it to the police.

The police then certainly did make such a report and called our client, now back in Sacramento.  Our client did not answer the phone, but the officer left a voicemail.

After our client played the message, he called Greg Hill & Associates.  He explained that he was issued a ticket for public urination in Hermosa Beach, but then blacked out and did not remember what happened next.  He then received a phone call from a police officer and was worried what such a call could involve.

Greg explained that the officer may have received a report from someone about something else that happened after his public urination ticket.  The client did not recall anything happening after receiving the ticket.  The client then retained Greg Hill & Associates.

Greg returned the phone call to the Hermosa Beach police officer, but was only able to leave a message.  The officer then did not return Greg’s call.

The date for the arraignment then arrived (the client remembered the date).  Greg appeared for the arraignment and read the police report, which described the client’s trespass into the private home’s interior courtyard and damaging the gate.

The complaint alleged vandalism against our client, which technically was not the correct charge, but Greg understood such a charge would be far easier to resolve than trespass or attempted burglary.  The public urination charge was not brought.

Greg then discussed the case facts with the Redondo Beach City Prosecutor in the Torrance Courthouse.  She described our client as certainly having a serious alcohol problem.

Greg then requested judicial diversion from the judicial officer, who granted this on the following terms: one year of diversion with an obligation that our client attend 52 Alcoholics Anonymous (AA) meetings, that he perform 20 hours of community service, that he pay for any repair costs to the gate (to be determined at a restitution hearing) and that he stay away from the home on the Strand.  The client also had to pay a $100 diversion fee at the courthouse.

The client was extremely embarrassed to read the police report and see the photographs of himself, including a photo of him smiling to the police officer issuing him a public urination ticket. 

The client was equally relieved to know that if he completed the terms of diversion, the case would be dismissed in a year and he would avoid a conviction.