Prosecutors re-file robbery charges against off-duty firefighters involved in fight

“KFMB TV digital edition reported on October 4, 2012 the District Attorney re-filed criminal charges against three off-duty San Diego Firemen accusing them of robbery. This criminal charge stems from an altercation in which the initial Complaint was assault and battery and making threats. The trial court judge ordered the defendants to stand trial for grand theft after the Preliminary Hearing, dismissing the other charges as he noted they acted in self-defense. Explaining the basis for grand theft, the Judge stated the defendants continued to pursue the alleged victims after the bar fight ended, and were found to have in their possession the wallet and several contents thereof that belonged to one of the alleged victims.

The article has many references to individuals that each gave their account of the specifics, but one would have to read the police report as well as the transcript of the Preliminary Hearing to properly render an opinion as to the facts and conclusions. Therefore, I do not want to speculate on the defense I might assert if I was retained as counsel. Suffice to say, if any or all of the firefighters are found guilty of robbery, they each not only face the loss of their employment but a “strike” and up to three years in State Prison.”

SAMUEL SPITAL, LAWYER

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