Imperial Valley Press

District attorney candidates address the public

- BY JULIO MORALES Staff writer

IMPERIAL — The question of whether the Imperial County District Attorney’s Office is currently doing everything within its means to safeguard the public and prosecute suspected criminals was a dominant theme Tuesday during a spirited candidate forum.

Incumbent District Attorney Gilbert Otero made the case that, despite statements circulatin­g in public to the contrary, his office is aggressive­ly prosecutin­g all manner of crimes, and especially serious crimes, and ensuring victims’ rights are being attended to.

As evidence, he told those gathered that currently the DA’s Office has 17 of its 21 attorneys assigned to prosecutin­g felony cases, with the remaining number assigned to misdemeano­r cases.

“What does that tell you — we take felony cases seriously,” Otero said, adding that the agency enjoys a 90 percent felony conviction rate.

Since announcing his candidacy, El Centro-based attorney, City Council member and challenger Edgard Garcia has made it known that he believes the DA’s Office is not adequately prosecutin­g serious and violent offenses and that the public’s trust in the agency is suffering as a result.

Garcia said he came to such a conclusion as the result of his time spent in court, as well as his interactio­ns with the public and law enforcemen­t officials as a councilman.

“There have been some concerns regarding victims and crime as well as allocation­s and priorities in terms of how they’re prosecutin­g crimes,” Garcia said. “We need to look at how we deal with crime in the county.”

Through a series of additional questions, both posed by the forum’s moderators and submitted by those in attendance, each candidate was given the opportunit­y to elaborate on his intentions for the office, should either be selected by voters come June 5.

The first question to be posed asked both candidates how they defined the role of a district attorney.

Above all else, Otero said he understood his role to involve a constant search for truth, acting on those truths and ensuring justice for all.

“We take what is presented to the office and we seek to bring justice to the victims and also try to protect defendants’ rights,” he said.

While conceding that Otero has implemente­d a number of collaborat­ive programs aimed at addressing crime and areas of public concern, Garcia said he remained troubled by instances where individual­s accused of serious crimes have yet to face justice, something no DA should allow.

“Ultimately we have to look at whether we’re in a safer community now than in the past,” he said.

In response to another question about the state’s “three strikes” rule, both candidates expressed support for stricter sentences for individual convicted of a third felony.

Otero clarified that he has been in support of the law since its inception in 1994, and that in response to other statewide legislativ­e reforms that have since reclassifi­ed some felonies as misdemeano­rs, the DA’s office has worked with local cities to target repeat offenders.

“I do believe that some people deserve to go to prison for a long time,” he said.

Although Garcia also expressed his support for the law, he said that some “flaws” existed with its language when it was written, resulting in excessive sentences for some individual­s, which should hardly be considered reflective of the legislatio­n’s intent.

“It’s something we have to analyze to suit our community,” he said.

Both candidates were also asked to describe their respective management skills and experience­s.

Otero said he took great pride in the ability of his employees, and his insistence that their thoughts and opinions are always welcome even if they stood in opposition to his own.

“I don’t want ‘yes people’ working for me,” he said.

Garcia highlighte­d the management of his staff at his private law firm, as well as his working with various city department­s and fellow elected officials in overseeing a multi-million dollar budget as a council member.

“I’ve been a very effective manager with my colleagues in bringing about different projects for the city,” he said.

Both also shared similar thoughts about whether inmates deserved second chances and access to rehabilita­tive programs.

“Once you get people to take an investment in their lives, then you find that those people are less likely to commit crimes,” Garcia said.

“We give people chances, because there’s value in people, and we want them to change,” Otero said.

The candidates differed slightly in their responses to whether an outside agency should be primarily tasked with the investigat­ion of local officer-involved shootings.

Otero stated that, as a matter of protocol, his office will routinely investigat­e such incidents and that it stands ready to prosecute should it determine a crime has been committed.

The state Attorney General’s Office also is available to investigat­e such incidents upon request, as it has done so in the past.

“Not once has the Attorney General’s Office gone against what we have done,” Otero said.

Garcia said the public’s trust would likely be better served by having such matters, as well as allegation­s of police brutality, investigat­ed by an outside agency.

“In order to avoid any perception of conflict of interest, it should be sent to an outside agency,” he said.

A question about drug use and related crime in the Valley made evident another apparent point of contention between the candidates.

After Otero referred to El Centro’s downtown area as an example of rampant drug use and community concern, Garcia replied by saying the city has not seen any assistance directly from the DA’s Office regarding downtown enforcemen­t efforts.

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