Questions for the Riverside District Attorney's Office on BMW Privilege (with video and pictures)
April 21, 2015
The Honorable Mike Hestrin
District Attorney of the County of Riverside
3960 Orange Street
Riverside, CA 92501
Re: RIM1502586 Defendant: Darren Enscoe
Charges: PC 245(A)1, PC M245(A)1, VC M20001(A), VC 20002(A)
Dear Mr. Hestrin,
Thank you for the Facebook friends add. Thank you, also for the diligence your Victim's Advocate office has shown in helping me understand the process. It had been a wearying and frustrating experience waiting to see if charges would even be filed, and now that they have, a whole other set of frustrations have surfaced, but I am appreciative that once the case was assigned in the third week of March, that I received return phone calls from both the attorney assigned and the two advocates that have been assigned since. Many people that I respect, have spoken of your commitment to the community and that you could be counted on to the right thing for the people impacted by this violent crime.
It is the early morning before the next step in the case, the "Pretrial Readiness Conference" where I am informed that it is quite possible Mr. Enscoe's attorney will seek reduced or dropped charges; and that if he does not have a criminal record, it is likely your office might recommend probation. I have been told at least three times, that it is at sentencing that I will have the opportunity to share how this violence has impacted my life. I understand that anything I say could impact a judge's decision for sentencing, but I am unsure how that helps your office pursue appropriate charges with all due diligence, in the first place.
I am disappointed in not having an opportunity to meet with the attorney or have a conversation about the events of the evening, nor the extent of the injuries myself and others have experienced because of the actions of Mr. Enscoe. I understand that your office must be very busy, but I have asked for this conversation on multiple occasions for this very public incident. In particular, it is because I have also shared with your office that other victims, myself included, were hesitant and wary to work with the law enforcement investigation, especially since the Detective in charge of the investigation repeatedly asked me for access to other attendees and the organizers of the event, and was seen at a subsequent protest videotaping protesters. I have given your office additional information on other victims (with their permission) but am left wondering when exactly they are going to be contacted?
After the arraignment waiver on March 26th, the Press Enterprise reported on the defendants' assertion that he "feared for his safety." That is good for his case that someone is listening to him. But who is listening to the other victims and witnesses that have called your office and tried to make a statement and were told they weren't on the file? Who is listening to us?
When I stepped in front of his vehicle in the hopes of preventing him from hurting anyone else, I feared for my safety, and that of the others in the crosswalk, those in his immediate direct path but also, anyone else in the crosswalk and further down the street. I too, feared for my safety, when he accelerated into me and for the fraction of a second that I was on the hood of his car, I feared for my life, and the future life of my husband and children should I be seriously injured or killed.
Do not misunderstand me when I add that it is not surprising that I (and others) are left feeling dissatisfied by the lack of justice in even the simplest things regarding this case. Maybe this is how all victims of violence feel. Maybe it doesn't matter that the protest was about something timely, relevant, and yet not to the liking of many in power. Maybe the accused has had the experience of being handcuffed, taken into custody and booked, as any other person charged with assault would be. Maybe this is a real-life example of the inefficiency of the process, and not some kind of political expediency.
This morning is my kindergarten son's last day of community school where it makes the most sense for me to be, except that leaves me feeling as if some kind of opportunity may be lost at any moment. And, for the umpteenth time since December 6th, I have to make a hard determination on just HOW much time and energy I will place in pursuing justice, not only for myself, but for the many others who do not place any faith in the legal system and have had their worst impressions proven true. I want to see my son smiling and laughing with his friends today. Believe me that I have learned just how precious and fleeting that gift could be.
What do I do? I can only pose some questions, hope for a timely response, and for some kind of justice.
Sincerely,
Bobbi Jo Chavarria
Fontana, CA
cc: Carlos Romo, Victim's Advocate
Amberlie Zekster, Prosecuting Attorney
QUESTIONS
On the Misdemeanor vs Felony Charges
The wobbler charges which depend upon intent.
==================
The Honorable Mike Hestrin
District Attorney of the County of Riverside
3960 Orange Street
Riverside, CA 92501
Re: RIM1502586 Defendant: Darren Enscoe
Charges: PC 245(A)1, PC M245(A)1, VC M20001(A), VC 20002(A)
Dear Mr. Hestrin,
Thank you for the Facebook friends add. Thank you, also for the diligence your Victim's Advocate office has shown in helping me understand the process. It had been a wearying and frustrating experience waiting to see if charges would even be filed, and now that they have, a whole other set of frustrations have surfaced, but I am appreciative that once the case was assigned in the third week of March, that I received return phone calls from both the attorney assigned and the two advocates that have been assigned since. Many people that I respect, have spoken of your commitment to the community and that you could be counted on to the right thing for the people impacted by this violent crime.
It is the early morning before the next step in the case, the "Pretrial Readiness Conference" where I am informed that it is quite possible Mr. Enscoe's attorney will seek reduced or dropped charges; and that if he does not have a criminal record, it is likely your office might recommend probation. I have been told at least three times, that it is at sentencing that I will have the opportunity to share how this violence has impacted my life. I understand that anything I say could impact a judge's decision for sentencing, but I am unsure how that helps your office pursue appropriate charges with all due diligence, in the first place.
I am disappointed in not having an opportunity to meet with the attorney or have a conversation about the events of the evening, nor the extent of the injuries myself and others have experienced because of the actions of Mr. Enscoe. I understand that your office must be very busy, but I have asked for this conversation on multiple occasions for this very public incident. In particular, it is because I have also shared with your office that other victims, myself included, were hesitant and wary to work with the law enforcement investigation, especially since the Detective in charge of the investigation repeatedly asked me for access to other attendees and the organizers of the event, and was seen at a subsequent protest videotaping protesters. I have given your office additional information on other victims (with their permission) but am left wondering when exactly they are going to be contacted?
After the arraignment waiver on March 26th, the Press Enterprise reported on the defendants' assertion that he "feared for his safety." That is good for his case that someone is listening to him. But who is listening to the other victims and witnesses that have called your office and tried to make a statement and were told they weren't on the file? Who is listening to us?
When I stepped in front of his vehicle in the hopes of preventing him from hurting anyone else, I feared for my safety, and that of the others in the crosswalk, those in his immediate direct path but also, anyone else in the crosswalk and further down the street. I too, feared for my safety, when he accelerated into me and for the fraction of a second that I was on the hood of his car, I feared for my life, and the future life of my husband and children should I be seriously injured or killed.
Do not misunderstand me when I add that it is not surprising that I (and others) are left feeling dissatisfied by the lack of justice in even the simplest things regarding this case. Maybe this is how all victims of violence feel. Maybe it doesn't matter that the protest was about something timely, relevant, and yet not to the liking of many in power. Maybe the accused has had the experience of being handcuffed, taken into custody and booked, as any other person charged with assault would be. Maybe this is a real-life example of the inefficiency of the process, and not some kind of political expediency.
This morning is my kindergarten son's last day of community school where it makes the most sense for me to be, except that leaves me feeling as if some kind of opportunity may be lost at any moment. And, for the umpteenth time since December 6th, I have to make a hard determination on just HOW much time and energy I will place in pursuing justice, not only for myself, but for the many others who do not place any faith in the legal system and have had their worst impressions proven true. I want to see my son smiling and laughing with his friends today. Believe me that I have learned just how precious and fleeting that gift could be.
What do I do? I can only pose some questions, hope for a timely response, and for some kind of justice.
Sincerely,
Bobbi Jo Chavarria
Fontana, CA
cc: Carlos Romo, Victim's Advocate
Amberlie Zekster, Prosecuting Attorney
QUESTIONS
On the Misdemeanor vs Felony Charges
The wobbler charges which depend upon intent.
- How do you know that it wasn't a hate crime?
- How do you know that it wasn't road rage?
- How many cars in front of him made a u-turn? (I know of at least 2 - there were many more)
- How long was he waiting at the crosswalk?
- Did he even have a green light?
- When he accelerated from a complete stop for the FIRST time, how many people were directly in front of his path? How many did he hit/knock down?
- When he accelerated from a complete stop for the SECOND time, how many people were directly in front of his path? How many did he hit/knock down?
- Had he had any alcohol that evening?
- What were his thoughts on the Black Lives Matter protests that night?
- Does he often blank out while driving and people are directly in his path? Does he still have driving privileges?
- In car versus human beings, who is going to win?
- Knowing, as I have informed your office at various times, that some hit-and-run victims were hesitant to talk with law enforcement, why were no John/Jane Doe victims added in the charges? (At least, all those that could be seen in both the traffic video and crowd-sourced video.)
Questions to Mr. Darren Enscoe based upon statements made to police and/or court
- Were you angry that protesters were blocking your way?
- Were you angry at what they were protesting?
- Why didn't you honk your horn?
- Were you aiming for anyone in particular?
- What was your wife asking you to do?
- How long was it before you determined you were fearful of your safety?
- Why didn't you report it? Ever?
- How long have you broken the law with impunity by driving without a front license plate?
- How did it feel to hit people's bodies with your vehicle?
- Was there any feeling for the people in front of your car when you accelerated, including myself or the disabled woman directly in your path?
- Have you ever left the scene of a crime before?
- What is your stance on protests, in general?
- Are you grateful for the privilege of having your day in court?
- Are you cognizant of the fact that less severe actions and allegations have cost others their lives at the hands of law enforcement? (on the street, in any interaction with law enforcement, in a no-knock execution of a search warrant)
- Did you eat dinner at the Mission Inn afterwards?
- Did you enjoy your holidays and New Years Celebration without any physical pain or discomfort?
- Do you take any responsibility for your actions?
- If you could do it over, would you make a u-turn or would you do exactly what you did?
- Are you aware that comments from the public cheer you for running over "dumbass protesters" and if you do, how do you feel about that?
Here is a video of the black BMW that rammed through protestors last night in Riverside. It was 100% intentional; driver...
Posted by Rosemary Donahue on Sunday, December 7, 2014
Rosemary Donahue added 4 new photos.
December 6, 2014 ·
Silence = compliance.
Because tonight we wrote names in chalk from a list of victims who need to be remembered, and a woman asked if she could write her brother's name.
Because I walked next to a boy no older than 9, and his sign said I AM SMART, I AM SPECIAL, I MATTER.
Because that same boy almost got run over when a car decided to charge through the group of protesters with no regard for life or our message.
Because this shit needs to end.
Silence = compliance.
#blacklivesmatter #riverside
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