Prisoner’s toast of Gascón’s new sentencing rules spurs DAs’ rebuke

Convicted killer Phillip Dorsett, who came from a life of wealth and privilege in Rancho Palos Verdes, was in a celebratory mood one Monday night inside his cell resembling a college dorm room at New Folsom State Prison.

Dorsett, sentenced to 40 years to life for the 2005 execution-style shooting death of a rival gang member, had just learned Los Angeles County District Attorney George Gascón had issued a new directive calling for the possible resentencing of inmates who have already served 15 years in prison.

Dorsett felt confident he would soon be free, calling for an impromptu party with his cellmate and some moonshine. The moment was captured on video shot on a contraband cellphone and smuggled out of prison. It was released Monday by the California District

Attorneys Association in a condemnation of Gascón’s edicts on crime and punishment.

“Right here with my cellie,” Dorsett said while making a toast with the homemade hootch that filled a glass jar. “Some white lightening, a little cup, boom! Celebrating us going home on this Gascón directive. Whoop!”

While inmates rejoice, violent criminals on the street, particularly those in Los Angeles County, are becoming more emboldened due to another directive to eliminate a sentencing enhancement for the use of a gun during felony crimes that can add an additional 10 to 20 years to a prison sentence, said Vern Pierson, president of the California District Attorneys Association.

“When criminals talk among themselves and share information that firearm enhancements are not going to be used, it’s no longer a deterrent,” said Pierson, who is the district attorney of Eldorado County. “People are increasingly using guns in the commission of violent crime. Gascón’s policies are reckless and dangerous to people of Los Angeles County and the people of California in a broader sense.”

Officials with the Los Angeles County District Attorney’s Office could not be reached for comment.

Los Angeles, mirroring a trend in large cities nationwide, has experienced a surge in violent crime. There were 349 homicides in 2020, nearly 100 more than the year before and easily the worst figure in years. Still, that number is well below the homicide counts in the early 1990s, when they topped 1,000.

Los Angeles police officials said last week that 18 people have been shot during robberies so far this year, compared to one during the same time period last year. Overall, the number of shooting victims has more than doubled, from 136 to 281.

Crimes also are becoming more brazen and are targeting businesses in locations not usually known for such incidents. Saturday, a woman was shot in the leg during a daytime robbery at an upscale restaurant in Beverly Hills.

Criminals respond to changes in the justice system such as the new directives from Gascón, Eric Siddall, vice president of the Association of Deputy District Attorneys, which represents about 800 Los Angeles County prosecutors.

“Some credible studies suggest longer sentences, like gun enhancements, deter crime,” he said. “It follows that shorter sentences may invite it. Mr. Gascón’s refusal to enforce California’s strict gun laws may be an explanation as to why we are seeing a sudden spike in shootings. Likewise, state prisoners, like the one in this video, are also seeing a potential windfall in Mr. Gascón’s policies.”

Dorsett, who graduated from Peninsula High School in 2004, became involved with an Inglewood based gang in his early teens, authorities say.

The night of the shooting, on June 17, 2005, Dorsett and his friends were visiting a friend on 95th Street near Vermont Avenue. They were hanging out with some teenage girls in Dorsett’s minivan, drinking and talking, when three men from two different gangs pulled up behind them.

One of the men urinated on the back of the van and words were exchanged.

The men walked past Dorsett and his friends to a nearby apartment, but then returned. When they did, 18-year-old Jesse Fujino broke off from the group and continued the confrontation with Dorsett and his friends.

In a typical precursor to gang violence, Fujino asked Dorsett’s group where they were from. The argument escalated and Dorsett grabbed a handgun from the back of the minivan and pointed it at Fujino.

Fujino dared Dorsett to shoot him, and he did — from about 2 feet away.

He was arrested about three months later by Hawthorne police.