Demand a Commutation of sentence for Daishaun Graves

Demand a Commutation of sentence for Daishaun Graves

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Ashley Graves started this petition to Governor of California Governor Newsom and

I am starting this petition for my husband who was arrested in 2010 for assault with a firearm, a gun enhancement, and a gang enhancement. He was 18 years old at the time. There were no victims in his crime and he has served his base term time of 8 years and is currently serving 13 years of enhancements. He has participated in 10 different groups and for the past 4 years has kept a steady job. He works so hard everyday to continue to better himself and others around him. My husband is not a violent person. With Covid-19 going around, we are extremely worried because my husband has severe asthma. We are filing a commutation of sentence and any support we can get is greatly appreciated. God Bless, stay safe, and thank you!!

 

A brief overview of the case:

February 2010: Daishuan Graves was arrested and charged after a report of someone shooting a gun in the air. Daishaun was walking home with friends in an area known to police as having gang activity. No matter which street he was walking on this was the way to his house so he has no choice but to go through this area. He was arrested after police seen him walking approximately 1/2 mile from where the alleged crime occured. He had NO WEAPONS on him when he was arrested. He was never tested for gun shot residue. You would think that someone being arrested for shooting a gun, the police would have been the first to test for GSR. 

March 2010: First trial, there was 2 female witnesses that worked at a liquor store and a gas station where the alleged crime occured. BOTH female witnesses testified that the shooter was NOT Daishuan Graves. There was one male witness that was allegedly at the scene and followed the shooter/shooters. During trial he went back and forth between that he didn't know if Daishaun was the shooter or not. He stated it could have been someone else. Also, if he was following the shooter/shooters, he would to have seen them if they ditched any weapon. Police went back through the area for 2 days afterwards and never found any weapons. The police knew they didn't have a strong case on him, so their only option left was to paint him as a gang member. Police "created" field index cards where they had an "interaction" with Daishaun and they claim he was a gang member. One of the dates on the field index cards where police said they came in contact with Daishaun at school was false. Daishaun was absent from school that day. There was never any contact with police and Daishaun. He never told police he was a gang member. Police took his cell and went through it and DID NOT find any pictures or texts to support their claim that he was a gang member. The only reason Daishaun got charged with a gang enhancement and gun enhancement lies on one man they called in from the LA County Gang Unit. This man stated at trial that due to the circumstances of the crime( the neighborhood was known for gang activity, there was a gun involved) that he believed Daishaun committed the crime to benefit his "gang". Daishaun was facing 25 to life. The first trial ended in a hung jury. 

The second trial started only a month later, and Daishaun had  ineffective counsel. His lawyer only was given 2 weeks to prepare for the case. Halfway through trial, his lawyer asked the DA for a plea deal. The DA agreed to 21 year plea deal. Daishaun was 19 years old now and was faced with the possibility of spending the rest of his life in prison or taking a deal. His lawyer told him that if he took the deal he would be out in 10-12 years. So, going with the advice of his lawyer, he took the 21 year deal. Now, 10 years later, he still sits in prison. Doing time for being accused as a gang member..even though police were never able to find  proof that he was in a gang. 

In an article dated July 2020, LAPD officers were facing criminal charges for falsifying reports that citizens they came in contact with were gang members. The case accuses them of conspiring to file false police reports and fabricate documents for court. 

Copy of News Article

https://www.nbclosangeles.com/investigations/more-lapd-officers-face-potential-criminal-charges-in-false-gang-data-investigation/2395341/

0 have signed. Let’s get to 5,000!
At 5,000 signatures, this petition is more likely to get picked up by local news!