The case against Osvaldo Lopez was the second time that the Racial Justice Act was raised in a local prosecution
A San Diego Superior Court judge rejected arguments from a defense lawyer that racism influenced the case against her client, then sentenced the man to nine years in prison.
The jury convicted Lopez of voluntary manslaughter in December. The panel acquitted him of more serious charges of first-degree and second-degree murder, settling on manslaughter after deciding he acted out of the honest but unreasonable fear that his family was in danger.At one point he faced a maximum of 21 years in state prison. But that calculation was altered because a change in law that went into effect on Jan.
More recently she pointed to the case of Aaron Russell, a White former San Diego Sheriff’s deputy. He was charged with murder for shooting in the line of duty Nicholas Bils in May 2020. Eventually Russell pleaded guilty to the same charge as Lopez under the same theory. He was sentenced to a year in jail and three years of probation.
In a written response, prosecutors wrote that the claim of racism was “a sensationalized sideshow of self-invented false rhetoric of racism...” and said the allegations were “are so antithetical to the values and the culture of this Office that they are both perplexing and deeply offensive.”
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