Los Angeles County Changes Sex Crime Policy After Boy’s Slaying

Introduction to the Policy Change

Los Angeles County prosecutors must speed up the filing of felony charges against persons accused of sex crimes or violence against family members, according to a new policy announcement Thursday. The announcement follows a recent Los Angeles Times report highlighting how a backlog of criminal cases in the district attorney’s office may have played a role in the sexual assault and slaying of a 13-year-old boy.

Background of the Case

Chief Deputy Dist. Atty. Steve Katz said Thursday that once a decision has been made to seek an arrest warrant in such cases, the process to file a criminal complaint must begin within one business day, according to a copy of an office-wide memo reviewed by The Times. “The urgency with which a case should be processed and filed is particularly great when the underlying conduct involves family violence or a sexual assault, including matters in which the accused is not in custody,” Katz wrote.

The Policy Announcement

The policy announcement comes roughly 24 hours after The Times published a report confirming that a backlog of thousands of pending cases in the district attorney’s office played a role in delaying charges against Mario Edgardo Garcia-Aquino, 43, a once-revered North Hollywood soccer coach who now stands accused of murder in the death of one of his players, 13-year-old Oscar Omar Hernandez.

Details of the Backlog

A 16-year-old boy had accused Garcia-Aquino of sexual misconduct in February 2024, and the L.A. County Sheriff’s Department presented a case to prosecutors for filing in May of that year. But charges weren’t filed for more than 10 months due to a backlog of nearly 10,000 cases, according to multiple law enforcement sources and an email reviewed by The Times. The district attorney’s office confirmed the backlog was a factor in delaying charges against Garcia-Aquino earlier this week. But in a statement, the office said it had also suggested the case may have been slowed by requests for “additional forensic testing of evidence.”

Response from the Sheriff’s Department

However, a sheriff’s department spokeswoman said detectives on the case were never “asked for additional information or testing on the case by the D.A.’s office.” “The toxicology report was submitted with [the investigator’s] completed report in May 2024,” said Nicole Nishida.

The Consequences of the Delay

The boy, whom friends and family called Omar, was last seen boarding a Metrolink train to Palmdale, where he was supposed to help Garcia-Aquino make soccer jerseys. The coach is accused of killing him during a lewd act on March 28, and the seventh-grader’s body was found in Ventura County in early April. Prosecutors filed charges against Garcia-Aquino in the older case on April 2 — four days after Omar was killed.

Concerns About the Backlog

Concerns about a growing backlog of criminal cases reached a fever pitch during the tenure of former Dist. Atty. George Gascón. In July 2023, public records showed that about 10,000 criminal cases presented by law enforcement in 2021 and 2022 were still awaiting a filing decision. Among those were defendants accused of murder, domestic violence and weapons offenses.

Causes of the Backlog

Current Dist. Atty. Nathan Hochman and the president of the union that represents rank-and-file prosecutors said the backlog was caused by a decision by Gascón to centralize filings electronically, as well as a staffing crisis within the district attorney’s office. There are about 750 deputy district attorneys left in Hochman’s ranks, the smallest roster the office has seen in decades, according to Ryan Erlich, the union president. That figure does not include about 50 management-level prosecutors, who rarely handle trials or filing decisions.

Conclusion

The new policy is a step towards addressing the backlog of cases and ensuring that those accused of sex crimes or violence against family members are held accountable in a timely manner. The case of Mario Edgardo Garcia-Aquino and the tragic death of 13-year-old Oscar Omar Hernandez highlight the importance of efficient and effective handling of such cases.

FAQs

1. What is the new policy announced by the Los Angeles County prosecutors?
   The new policy requires that the process to file a criminal complaint must begin within one business day once a decision has been made to seek an arrest warrant in cases involving sex crimes or violence against family members.
2. What led to the delay in filing charges against Mario Edgardo Garcia-Aquino?
   The delay was due to a backlog of nearly 10,000 cases in the district attorney’s office.
3. What are the consequences of the delay in filing charges against Garcia-Aquino?
   The delay may have contributed to the death of 13-year-old Oscar Omar Hernandez, who was killed by Garcia-Aquino during a lewd act.
4. What is being done to address the backlog of cases in the district attorney’s office?
   Current Dist. Atty. Nathan Hochman has stepped up efforts to clear the queue in recent weeks, and the new policy aims to prioritize cases involving sex crimes or violence against family members.
5. How many deputy district attorneys are currently working in the district attorney’s office?
   There are about 750 deputy district attorneys left in Hochman’s ranks, the smallest roster the office has seen in decades.