David Diaz Jr. – 37 years to LIFE – First Offender – State of California

Please sign David’s change.org petition
Name:
David Angel Diaz, Jr.
DOB:  07/24/1979
Age: 39
Race: Hispanic
Raised: California
Tried: Van Nuys District of California
Will live: Downey, California
Charges:  David was convicted and sentenced to the following:
Count 1:  Attempted Murder 2nd (PC 664/187):                  9 years
Gun Enhancement (PC 12022.7 & 12022.53(d)):              28 years to life
Count 2:  Aggravated Mayhem (PC205): Time imposed: Stayed
Gun Enhancement (PC 12022.7): Time imposed: Stayed
Count 3:  Assault w/Force Likely to Cause GBI (PC245): Time imposed: Stayed
Gun Enhancement (PC 12022.7): Time imposed: Stayed
Count 4:  Assault w/Semiautomatic Firearm (PC245(b)(10): Time imposed: Stayed
Gun Enhancement (PC 12022.7):  Time Imposed: Stayed

On appeal, all counts were affirmed. However, the sentences imposed on Counts 2, 3, and 4 were stayed pursuant to PC 654.

With Mom and grand baby

Trial/plea: Went to trial
Sentence: 37-years-to-life
Sentenced on: November 18, 1999
Served: 20 years
Priors: First Offender
Prison Conduct:  Ms. Doris Fox sees David as a dedicated “role model to his peers” who has contributed to many different programs.
Supporters: Reynoso, a Correctional Counselor, views David as “brightest inmates here at the California Substance Abuse Treatment Facility” and commends his “professionalism and willingness to help assist his fellow workers or supervisors.”
Clemency status:  David submitted a Petition For Commutation to Governor Brown’s office on October 27, 2015.
On April 12, 2018 David inquired as to the status of his Petition For Commutation.
On April 22, 2018, David received a response from Case Records Supervisor Sue Mendonca of the Pleasant Valley Prison that advised David to file another Petition For Commutation.  David filed an addendum, supporting facts, and evidence attached, demonstrating he is actually innocent of all charges alleged on June 29, 2018

CAN-DO pitched David’s story to Make Fresh productions for a documentary series for The Young Turks, now on Youtube:  

David with his fiancé, Lydia

Release date: 2035
Institution: Pleasant Valley State Prison
Supporters: Loyola Law School Project of the Innocent, CAN-DO Foundation
Media:
Univision News Article July 17, 2017    This man has been imprisoned for 19 years, but the victim and a witness say he’s innocent

Univision News Article June 23, 2018

Univision News Media  June 29, 2018  Hispano lleva años en la cárcel a pesar de que la víctima del crimen asegura que es inocen

Health issues: Thyroid, high blood pressure, anxiety, hypertension, depression

  • Accomplishments:
  • Currently a peer mentor in the prison’s Substance Use Disorder Treatment Program through which he mentors other prisoners in cognitive-based intervention, anger management, criminal thinking, and family relations.

David has completed several programs, including:

  • With his parents

     

    Alcoholics Anonymous.

  • Narcotics Anonymous.
  • Criminals and Gangs Anonymous.
  • Going Out by Going In.
  • Life Skills.
  • Blackstone Career Institute’s Legal Assistant/Paralegal Certificate.
  • Participating in parenting and Bible Study courses.
  • Currently in the process of earning his Associate’s Degree.
  • Active participant in the Defy Ventures Business Entrepreneurship program.
  • Held many jobs during his incarceration

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