Vandalism, Client in Gardena Keys Tesla, Judicial Diversion

Our client, age 56, was returning to his home in Gardena after dialysis treatment.  He lived on a busy street where parking was often difficult to find. 

His solution to always having a parking spot in front of his house was to place several trash cans in the street alongside the curb in front of his house to block anyone else from parking there.  When the client would get home, he would pull up alongside the trashcans and move them onto the sidewalk and then park in the space otherwise occupied by the trash cans. 

This method of reserving his parking spot in front of his house worked for years until one afternoon in April 2023.

On that date, our client returned home from dialysis, expecting to see his trash cans resting in the street in front of his house, blocking anyone else from parking at that location.  Instead, he saw a brand new, blue Tesla parked there with his trash cans moved onto the sidewalk nearby.

Our client was exhausted from dialysis and now became enraged that anyone had moved his trash cans, taking his parking spot and forcing him to park far away from his home, which the client did.  After all, he had no choice.

However, once our angry client walked up to his home, he decided to key the Tesla.  He took out his key and scraped the right side of the Tesla, giving it about a twelve-inch mark.

Our client then walked into his home, still angry, but at least satisfied that he had released some of his anger.  He then laid down to take a nap.

About two hours later, he was awoken to the Gardena Police knocking on his door.  The police asked our client if he had keyed the Tesla still parked in front of his house, now circled by its owner and two passengers, standing nearby.  Our client replied he did not and officers then told him that the car had video recording showing him doing so.  The video camera was mounted in the car’s right side rear view mirror.

Our client was then arrested for felony vandalism and taken to the Gardena Police Department, where he was booked and eventually released to his confused wife.

When released, the client signed a promise to appear in the Torrance Courthouse about two months later.

The client’s wife then called Greg Hill & Associates and told him what had taken place.  The wife asked why such a charge was regarded as a felony and not a misdemeanor.  Greg explained that the statutory difference between the levels of the crimes is whether repair or replacement costs exceed $450.  It the crime involved damages requiring more than $450 to repair, the offense may be charged as a felony.  If the repair or replacement costs are less than $450, the offense will be charged as a misdemeanor.

Greg further explained that such limits were not rigidly applied.  For example, Greg had defended a client charged with causing over $4,000 in vandalism-related damage, but the case was prosecuted as a misdemeanor.

Greg and the client’s wife agreed that even a twelve-inch scrape to a Tesla would most likely cost more than $450 to repair.

Greg further met with the client’s wife and the client at Greg’s office.  Greg explained how such cases are generally handled at the Torrance Courthouse.  Greg then described what judicial diversion was and how it worked.  In doing so, Greg recommended that the client enroll immediately in a court-approved anger management program.  Greg explained that the terms of judicial diversion would most likely include the client’s attendance at 26 anger management classes, payment of restitution to the car owner for any repair costs not covered by insurance and a $100 court diversion fee.  Greg believed the term of diversion would be six months.

The client then hired Greg Hill & Associates and the client attended six anger management classes before the arraignment.

Greg then attended the arraignment and read the police report.  The repair expenses to the Tesla were $2,038.95, of which the owner had to pay $1,000.  The police report also included a screen shot of the client keying the side of the Tesla.

Greg then discussed judicial diversion terms with the Torrance District Attorney and the two agreed that the client would have to reimburse the Tesla owner for the $1,000 she paid in her deductible toward the car repairs and the $100 court diversion fee.  The District Attorney proposed that our client attend 26 anger management classes, which was reasonable, particularly since the client first denied keying the car to the police.

The judicial officer then called the case and he, Greg and the District Attorney discussed judicial diversion and its terms.  The judicial officer then placed our client on one year of judicial diversion with an obligation to attend 26 anger management classes, reimbursement of the $1,000 deductible paid by the Tesla owner and payment of the $100 court diversion fee.  The judicial office set the term of judicial diversion to be one year.

The client was happy to receive judicial diversion with the opportunity to “earn a dismissal” in one year.