The decision by District Attorney George Gascon in Los Angeles to detect criminal improvements will come into play in killing hate crimes of a praying coronavirus patient.
Jesse Martinez, 37, is accused of beating 82-year-old David Hernandez-Garcia to death with an oxygen tank on Dec. 17 because he disliked his Catholic prayers. They shared a room at Antelope Valley Hospital.
Martinez is on trial on charges of murder, assault of older men resulting in death and a hate crime, Gascon’s office announced Thursday. He was sentenced to a maximum sentence of 28 years to life in prison.
The district attorney’s announcement did not state that the victim’s prayers prompted the attack, but the Los Angeles County sheriff said last week that ‘the suspect became upset when the victim started praying. He then hit the victim with an oxygen tank. ‘
CALIFORNIA COVID-19 PATIENT SALES DEADLY 82-YEAR HOSPITAL ROOM FOR PRAYERS
Staff members detained Martinez at a hospital in Lancaster, California, until law enforcement arrived, the Los Angeles Times reported.
Hernandez-Garcia was pronounced dead at 10:20 a.m. the day after the attack. The two did not know each other.
Gascon came under fire earlier this month after accompanying his prosecutors and saying to drop all sentencing. Improvements are policies that make certain behaviors extra punishable under specific circumstances, such as speeding into a school zone or committing a crime while previously convicted.
He reversed his decision when it came to improvements related to hate crimes and crimes aimed at children or the elderly.
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He said that although he took office on a promise to make change, he also committed to listening to and responding to the community.
“Over the past few days, I have met and heard a lot from you, and although most have welcomed the reforms I have implemented, some have shared their concerns,” Gascon wrote in an open letter about his decision. “In response to your input, I have decided to make adjustments.”
Prosecutors in his own office this week filed a case against him, asking a judge to compel him to drop orders that unilaterally oppose state law against all other sentencing improvements.