Fresno Tattoo Case Ends with Dad Getting Stiff Prison Sentence
Last week, a Fresno father who allowed his son to get a tattoo of a dog's paw was sentenced to six years in prison. The story unfolded when Enrique Gonzalez' 7-year old son begged his dad to let him get a tattoo. Enrique's friend, Travis Gorman, who was already giving Enrique a tattoo, tattooed a small dog's paw (a symbol of the Fresno bulldog street gang) on Gonzalez's son. From this seemingly innocuous event, a criminal trial and general uproar would ensue. Incredibly, the Fresno DA's office charged Enrique Gonzalez with aggravated mayhem (intentionally disfiguring his son) for the benefit of the bulldog gang.
It is important to note that aggravated mayhem carries the potential of a life sentence with the possibility of parole (see Penal Code §205). Generally, mayhem is charged where a person has been seriously disfigured, for example a stab wound to the face would qualify for such a charge. The law specifies that "permanent disability or disfigurement of another human being" or depriving "a human being of a limb, organ, or member of his or her body" qualifies under the law as aggravated mayhem. However, it seems that the prosecution of this case was a clear example of the "war on gangs" going overboard.
This case did not seem to support anything more than a felony or misdemeanor prosecution in this case for possible child abuse (Penal Code §273(d)). Unfortunately, as a Fresno Gang Crime Defense Attorney, I've experienced the hand of injustice when it comes to prosecution of gang offenses.
A case in point is a case I had several years ago, where a young man was accused of being a member of the Hoover Crip Street Gang due to the fact that he was wearing an orange shirt. As a Fresno criminal lawyer, I defended this young man after the arresting officer claimed that it was common knowledge that members of the Hoover Crip Street Gang wear the color orange.
With that scant bit of information, the Fresno County District Attorney's office added several gang enhancements to the criminal complaint. While these gang enhancements were ultimately dropped, it served up a reminder of the fact that gang prosecutions can go way over the line. Working as a Fresno Criminal Defense Lawyer, I've seen many instances of overzealous prosecution when it comes to gang crimes. And I think that is exactly what took place in this case.
Whatever happened to common sense? Six years because some father made an idiot decision to give his son a small tattoo? While clearly lacking in rudimentary common sense, it was far from being a crime where someone should be carted off to the State pen for six years. Also, how about us the tax payers? Are we really served by having to provide room and board for Enrique Gonzalez while he sits in prison for the next six years. That I think is the real crime. Maybe the Fresno DA's office should be prosecuted for wasting our money and our resources by putting Mr. Gonzalez in prison for the next six years.
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