LOS ANGELES (CBSLA) — Audio provided to CBS Los Angeles by a source reveals how a California prisoner with a long criminal history is trying to game the system in an attempt to get his sentenced reduced by Los Angeles County District Attorney George Gascón's office.
In the voicemail, Daniel Avila threatened to attack a police officer during a prison transfer in an attempt to get back into court to request that his previous sentence enhancements be revoked.
"And when I get off the bus, I'm going to beat the s**t out of a peace officer, once I get off the bus," he said.
Avila has been jailed on a slew of felony charges that date back to 2005 when he was arrested in Ventura County on suspicion of fraud and identity theft. Since being imprisoned, he has been convicted of 20 felony offenses — all committed while in prison — including charges of attempted pre-meditated murder and multiple counts of assault on a peace officer with a deadly weapon.
"My case is subject to the new special directive under Gascón," he said in the voicemail. "Ninety percent of it is enhancements, and I am trying to get back into court, OK? And, the thing is, is that, I don't want to do this."
"I'll plead guilty to it as long as you drop all the strike priors and the enhancements and everything in my other case, and we'll just do it that way," he continued.
Some assistant district attorneys in Gascón's office said the voicemail was an example of how criminals have been emboldened by the D.A's reforms, but criminal defense attorney Alexandra Kazarian said that it was important to listen to the voicemail in context.
"This voicemail doesn't come from someone who is representative of, you know, the people who really have been wronged by the system," she said. "This voicemail comes from someone who has for years, since 2008 at least, has been making crazy sensational threats against every single person that comes his way.
"There's so many prisoners that are inside of the jails right now that are desperate to see and kind of light at the end of the tunnel," she continued.
CBS Los Angeles has reached out to Gascón's office about the voicemail, but has yet to receive a response.
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