tag:blogger.com,1999:blog-84418848901952676482024-03-19T02:33:48.826-07:00The Defense of Austin SarnaThe Defense of Austin Sarnahttp://www.blogger.com/profile/17976006947541580175noreply@blogger.comBlogger17125tag:blogger.com,1999:blog-8441884890195267648.post-32831736616063055332013-03-07T18:58:00.001-08:002013-03-10T16:38:29.855-07:00SLODA drops one of the three charges against AustinAustin had his last pre-trial hearing today before his trial which begins on March 19. The San Luis Obispo District Attorney has dropped the attempted murder charge against Austin, leaving two counts of assault with a deadly weapon. Austin heads back to court on Tuesday, March 12th for a trial readiness conference. <br />
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Austin was represented by his new attorney, David Vogel, today in court. He is an excellent attorney and has agreed to begin representing Austin and working on his case despite not having all of the retainer fee. If you haven't already, please consider donating to Austin's legal defense fund.<br />
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<a href="http://www.wepay.com/donations/freeaustinsarna" target="_blank">http://www.wepay.com/donations/freeaustinsarna</a></div>
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We will also be setting up an additional donation page for those wishing to donate via PayPal.<br />
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Thank you. </div>
The Defense of Austin Sarnahttp://www.blogger.com/profile/17976006947541580175noreply@blogger.com0tag:blogger.com,1999:blog-8441884890195267648.post-80902682338057340072013-02-19T14:34:00.004-08:002013-03-05T22:00:51.389-08:00Legal Defense Fund for AustinA wepay account has now been set up to accept contributions towards Austin's legal defense. For those wishing to donate to this fund, you can do so at: <br />
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<a href="http://www.wepay.com/donations/freeaustinsarna" target="_blank"><span style="background-color: white;"><span></span></span>>http://www.wepay.com/donations/freeaustinsarna<</a></h3>
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Thank you.<br />
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The Defense of Austin Sarnahttp://www.blogger.com/profile/17976006947541580175noreply@blogger.com0tag:blogger.com,1999:blog-8441884890195267648.post-81718285488273979102013-02-14T20:04:00.000-08:002013-02-16T20:12:34.849-08:00Remember "Justice for All" in Sarna's case by Jim GriffinJim Griffin of San Luis Obispo has written a letter to the editor to the New Times regarding Austin's case.<br />
<blockquote class="tr_bq">
<div class="BODYTEXT" style="margin-bottom: 9.0pt;">
<span style="font-family: Helvetica; letter-spacing: 0pt; mso-font-width: 104%;"><i>By now people should be familiar with the case of Austin Sarna from reading the fine </i></span><i><span style="font-family: Helvetica; letter-spacing: 0pt; mso-bidi-font-family: NewCenturySchlbk-Italic; mso-font-width: 104%;">New Times</span><span style="font-family: Helvetica; letter-spacing: 0pt; mso-font-width: 104%;"> articles by Matt Fountain (most recently “SLO stabbing defendant to fight charges,” Jan. 31).</span></div>
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<span style="font-family: Helvetica; letter-spacing: 0pt; mso-font-width: 103%;">Sarna came to the assistance of a
young man being attacked by a gang of admittedly drunken local
hooligans near Mission Plaza last January. According to Sarna, he
brandished a knife after being threatened himself by the thugs, and then
used the knife after being attacked, kicked, and beaten by several of
them. None of the attackers—one a local athlete from a prominent family
and others of them being also well known in the community (some with
prior offenses)—has been charged by the local DA with anything. Only
Sarna, a poor young man with now a fiancé who recently gave birth to
their child, has been charged, and with attempted murder plus two counts
of assault with a deadly weapon, no less.</span></div>
<span style="font-family: Helvetica; letter-spacing: 0pt; mso-font-width: 105%;">Sarna admittedly was in
possession of a knife. But the circumstances of this case in SLO are
clearly those of his being a Good Samaritan and then defending himself
against a violent, gang-like attack. The charges against him are
ridiculously harsh and unfounded. The DA’s office should drop all felony
charges against Sarna and arrive at a reasonable resolution to the
case. The DA should also remember quaint things that still have
importance to some of us: “equal protection under the law” and “liberty
and justice for all,” regardless of social class and economic
circumstances</span></blockquote></i>
Thank you Mr. Griffin<br />
<br />
(originally posted at <a href="http://www.newtimesslo.com/letters-to-the-editor/9071/remember-justice-for-all-in-sarnas-case/" target="_blank">http://www.newtimesslo.com/letters-to-the-editor/9071/remember-justice-for-all-in-sarnas-case/)</a>The Defense of Austin Sarnahttp://www.blogger.com/profile/17976006947541580175noreply@blogger.com0tag:blogger.com,1999:blog-8441884890195267648.post-3067046699256616282013-02-08T12:11:00.000-08:002013-02-08T21:28:08.430-08:00Comments from one of the men who attacked AustinTrevor Tice, the drunk 27 year old who attacked Austin for trying to stop Tice and his friends from beating a stranger, has recently spoken to the New Times (<a href="http://www.newtimesslo.com/news/8958/uncertain-future/" target="_blank">Uncertain future</a>, January 24) about Austin's case.<br />
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Though he doesn't remember anything about that night, and despite witnesses saying they saw him attack Austin, pin him down, and punch him repeatedly in the face and head, Tice was bold enough to tell a New Times reporter that he "hope[s] justice is served."<br />
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We couldn't agree more. One wonders if he comprehends that justice would mean he and his friends (who attacked the driver of the vehicle and Austin) being arrested and charged at the very least with menacing, assault and battery, and assault with a deadly weapon.<br />
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Tice was also quoted as saying it was fine with him if the case goes to trial and that, "[Jurors] can see the kind of person I am and the kind of person [Sarna] is.” As someone who has been arrested multiple times for being drunk in public and who, again, on the night of the incident aided and participated in the assault of at least two innocent people, one might be a little more caution about what they wish for.<br />
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<a href="http://www.myspace.com/98976960/comments" target="_blank">from Sean Kennedy's myspace page</a>: </div>
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<br />The Defense of Austin Sarnahttp://www.blogger.com/profile/17976006947541580175noreply@blogger.com0tag:blogger.com,1999:blog-8441884890195267648.post-41535157784934835722013-02-04T18:23:00.002-08:002013-02-04T21:34:35.728-08:00Austin's case is going to trial...<h3 style="text-align: center;">
We look forward to hearing testimony on the stand from </h3>
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<b>Sean Kennedy</b>, the drunk man who initiated the attacks by kicking the car and assaulting the driver.</div>
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<b>Adam Dale</b>, the drunk man who was harassing the homeless.</div>
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<b>Trevor Tice</b>, the drunk man who attacked Sarna and pinned him down so his friends could attack him also.</div>
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<b>Zach Lerno</b>, the drunk man who jumped the driver and Sarna and claimed he may have been stabbed in the head but didn't seek medical attention.</div>
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<b>Chance Soto</b>, the drunk man who was mentioned by two witnesses, claims he wasn't there and didn't know anything, but somehow knew to show up at the hospital.</div>
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<br /></div>
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<b>Brett Rock</b>, the sober driver who claimed he fled the scene with all of his friends except Tice to take Lerno to the ER, yet he never took Lerno to the ER and never went back for Tice.</div>
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<b>California Penal Code 118</b></div>
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(a)Every person who, having taken an oath that he or she will
testify, declare, depose, or certify truly before any competent
tribunal, officer, or person, in any of the cases in which the oath may
by law of the State of California be administered, willfully and
contrary to the oath, states as true any material matter which he or she
knows to be false, and every person who testifies, declares, deposes,
or certifies under penalty of perjury in any of the cases in which the
testimony, declarations, depositions, or certification is permitted by
law of the State of California under penalty of perjury and willfully
states as true any material matter which he or she knows to be false, is
guilty of perjury. <br />
This subdivision is applicable whether the
statement, or the testimony, declaration, deposition, or certification
is made or subscribed within or without the State of California.<br />
(b)No
person shall be convicted of perjury where proof of falsity rests
solely upon contradiction by testimony of a single person other than the
defendant. Proof of falsity may be established by direct or indirect
evidence.<br />
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The Defense of Austin Sarnahttp://www.blogger.com/profile/17976006947541580175noreply@blogger.com0tag:blogger.com,1999:blog-8441884890195267648.post-61819860417991767282013-02-01T20:30:00.001-08:002013-02-01T20:34:52.141-08:00Free Austin Sarna by Terry MohanSan Luis Obispo resident Terry Mohan writes an honest and excellent opinion piece on Sarna's case on CalCoastNews.com. Mr. Mohan has previously written about Sarna's case in a letter to the editor of New Times.<br />
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<h3>
Free Austin Sarna</h3>
OPINION by Terry Mohan <br />
<blockquote class="tr_bq">
<i>Austin Sarna, the Good Samaritan transient, who interceded on an assault by several local drunks on a passing motorist in January 2012, has decided to refuse a plea bargain offered by the San Luis Obispo County District Attorney’s office.<br /><br />The deal would have put a strike on Austin’s record, for the California Three Strike law, and would have seen him serve as much as two years in jail for stepping up to help the victim of a crime. He has been incarcerated in the SLO county jail since September on the unimaginable bail of $500,000.<br /><br />The District Attorney’s office has an extremely weak case with “victims” claiming amnesia about the whole incident, witness accounts of the “victims” beating Austin and “victims” who were so intoxicated they were kicking dogs, falling in the street and generally throwing their weight around as they staggered back to their vehicle.<br /><br />They were looking for anyone to challenge them, as drunks usually do, and were stupid enough to attack someone who they knew had a knife, for protection against just such thugs. The wounds sustained by the “victims” were minor except a wound to the artery in one “victims” arm, which subsequently stopped the assault. This injury was probably caused by Austin defending himself and the “victim” flailing his arms while punching at Austin’s head.<br /><br />The DA seems to have been intimidated into pursuing these charges of attempted murder and assault with a deadly weapon by the influential parents of the “victims” as it took almost nine months to make an arrest. After reviewing the witness statements taken after the incident and a comment made by one of the “victims” the only conclusion to be drawn is the DA’s case rests solely on the impression of an armed homeless transient against innocent upstanding local youths. (aka the drunken, belligerent “victims”).<br /><br />So as a county taxpayer I will again be writing to the DA questioning his competence on pursuing such a weak case after not long ago failing to convince a jury that belligerent drunks do not make credible “victims.” Austin comes up for another bail hearing on Feb. 5 so if you don’t want to see an additional ten of thousands of county tax dollars wasted on this case take a few minutes and write a letter to the DA asking him to drop this case all together. It will make you feel good encouraging justice to set an innocent man free to return to his fiancée and newborn baby.</i></blockquote>
<i><b>Terry Mohan is a San Luis Obispo resident who after hearing
about this case went to the Superior Court and reviewed the initial
witness statements and part of the testimony of the first hearing.</b></i><br />
<br />
Thank you, Mr, Mohan<br />
<i><b> </b></i><i><b> </b><b></b></i><i><b><br /></b></i>
(originally posted at http://calcoastnews.com/2013/02/free-austin-sarna/)The Defense of Austin Sarnahttp://www.blogger.com/profile/17976006947541580175noreply@blogger.com0tag:blogger.com,1999:blog-8441884890195267648.post-51285646976607750032013-02-01T20:11:00.003-08:002013-02-01T20:11:43.164-08:00New Times SLO article updating Austin's case<h3>
SLO stabbing defendant to fight charges</h3>
by Matt Fountain<br />
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<blockquote class="tr_bq">
<i>A 22-year-old Vallejo man accused of attempted murder for his role in a late-night altercation in downtown San Luis Obispo, which left an Atascadero man with a serious laceration, will take his case to trial, arguing self-defense.<br /><br />Austin Sarna is facing attempted murder and assault with a deadly weapon charges following a January 2012 incident in which he says he came to the defense of a motorist who was allegedly being assaulted by a group of at least six men, though it’s unclear how many people in the group physically took part in the fight. According to investigators’ reports, Sarna admitted to brandishing a knife to the group and telling them to leave the motorist alone before being knocked to the ground.<br /><br />According to multiple witness accounts, Sarna was being punched and kicked in the face when he lashed out with the knife, repeatedly stabbing Trevor Tice, 27, who witnesses say had Sarna pinned to the ground.<br /><br />Tice suffered eight minor wounds to his back and a serious slash to his left bicep, which severed an artery and caused bleeding that could have been fatal had passersby not alerted police. Tice told New Times he has no recollection of the events.<br /><br />Police said in an early press release that facts in the case were cloudy due to the intoxication of the alleged victim and the members of the group, although there’s no indication Sarna had been drinking that night, according to police reports.<br /><br />Sarna is the only person involved in the incident facing charges.<br /><br />On Jan. 29, Sarna rejected a plea bargain by the D.A.’s Office that would have dismissed his attempted murder charge in exchange for a guilty plea on assault with a deadly weapon charges, which would count as a “strike” according to California’s Three Strikes law, and likely result in a two-year sentence in state prison—though that would likely be reduced by about half due to the state’s new prison realignment. He originally faced approximately eight years, according to DA spokesman Jerret Gran.<br /><br />Deputy District Attorney Lee Cunningham said the offer will still be good for one week—until Sarna’s next preliminary hearing, set for Feb. 5, the same day Superior Court Judge John Trice will re-evaluate Sarna’s bail. A trial date has been tentatively set for March 19.</i><br /></blockquote>
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(originally posted at http://www.newtimesslo.com/news/8984/slo-stabbing-defendant-to-fight-charges/)The Defense of Austin Sarnahttp://www.blogger.com/profile/17976006947541580175noreply@blogger.com0tag:blogger.com,1999:blog-8441884890195267648.post-59166850885798420472013-01-19T14:05:00.000-08:002013-01-19T14:07:29.482-08:00Petition to Free Austin Sarna<span class="userContent">A petition to free Austin has been created to
be sent to the San Luis Obispo District Attorney's Office, District
Attorney Gerald Shea and Deputy District Attorney Lee Cunningham and
Governor Jerry Brown. Please sign and share. Thank you.</span><br />
<br />
<a href="http://signon.org/sign/the-defense-of-austin.fb23?source=c.fb&r_by=6853638" target="_blank">Signon.org Petition to Free Austin Sarna</a>The Defense of Austin Sarnahttp://www.blogger.com/profile/17976006947541580175noreply@blogger.com0tag:blogger.com,1999:blog-8441884890195267648.post-16463338240830911712013-01-18T16:01:00.002-08:002013-01-18T16:01:29.973-08:00Updates on Sarna's case<br />We have recently received more detailed information regarding six of the men involved in attacking Sarna and the stranger Sarna was trying to help and their roles in the attack. <br /><br />We are preparing to release this information very soon. <br />
<br />
Sarna's is scheduled to appear in court on Tuesday, January 22nd for a trial setting conference.The Defense of Austin Sarnahttp://www.blogger.com/profile/17976006947541580175noreply@blogger.com0tag:blogger.com,1999:blog-8441884890195267648.post-16270036063542062082013-01-02T16:15:00.003-08:002013-01-02T16:15:45.056-08:00How you can helpAs awareness for Austin Sarna's story has been increasing, many are asking how to help so we've put together a little list.<br />
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<div style="text-align: center;">
<b>write to the San Luis Obispo County District Attorney's Office</b> </div>
<div style="text-align: center;">
in care of District Attorney Gerald Shea and Deputy District Attorney Lee Cunningham </div>
<div style="text-align: center;">
1035 Palm Street, 4th Floor</div>
<div style="text-align: center;">
San Luis Obispo, CA 93408</div>
<div style="text-align: center;">
&/or call (805) 781-5800<br />
<br />
<B>share Austin's story through social media</b> <br />
"like" <a href="http://www.facebook.com/freeaustinsarna" target="_blank">Free Austin Sarna</a> on facebook <br />
and share defendingaustinsarna.blogspot.com and<br />
facebook.com/freeaustinsarna on your facebook page<br />
<br />
<b>write or email the local media in San Luis Obispo</B><br />
write and email a letter to the Tribune editor (
letters@thetribunenews.com), CalCoastNews.com (tips@calcoastnews.com), KSBY newsroom (news@ksby.com), and KCOY (newstips@kcoy.com) asking for updated coverage of Austin's case that includes the fact that Austin was defending a stranger and himself against a group of attackers.<br />
<br />
write to the New Times (letters@newtimesslo.com) and New Times columnist Shredder (shredder@newtimesslo.com) and thank them for Matt Fountain and Shredder's complete and candid coverage of Austin's story and encourage them to continue to write about Austin's case and uncover the reasons why Austin is being charged with crimes for defending a stranger and himself against a group of attackers while the attackers themselves remain free without criminal charges.<br />
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<B>pray for Austin and Austin's family and friends</B><br />
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We are also considering setting up a wepay account for those who would like to help with Austin's inmate phone account, his bail, his commissary account, or anything else related to helping and freeing Austin.</div>
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Thank you.</div>
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The Defense of Austin Sarnahttp://www.blogger.com/profile/17976006947541580175noreply@blogger.com1tag:blogger.com,1999:blog-8441884890195267648.post-5317832548462062502012-12-23T12:28:00.000-08:002012-12-23T12:29:56.681-08:00New Times columnist's candid Letter to Santa brings more attention to Sarna's caseThe New Times anonymous columnist, the Shredder, recently wrote the following for the paper's December 20th issue:<br />
<br />
<blockquote class="tr_bq">
<b>
Dear Santa,</b>
<div class="InitialCap" style="margin-bottom: 9.0pt;">
<span style="font-family: Helvetica; letter-spacing: .15pt;">T</span><span style="font-family: Helvetica; letter-spacing: -.2pt;">here’s a very good chance I haven’t made your nice list this
year. In my 89 years on this planet, I’ve yet to make that confounded
document, and I don’t feign confusion as to why that is. I am who and
what I am, and I’ve never pretended any differently. The world might </span><span style="font-family: Helvetica; letter-spacing: -.05pt;">not like me and you may not see fit to
bring me that hula-hoop I’ve been hankering after more decades than I
care to count, but I’d like to think that readers understand my purpose
in this world, and why that function is, in fact, a necessary one. </span></div>
<div class="BODYTEXT" style="margin-bottom: 9.0pt;">
<span style="font-family: Helvetica; letter-spacing: -.2pt;">In light of my function as truth-teller—a role I
cherish and take more seriously than most people might realize—I’d like
to rescind my earlier requests for a hula-hoop. This holiday, all I’d
like is a little clarity, something to make the task of sifting through
society’s refuse and lies a little less onerous, a little less
soul-crushing. </span></div>
<div class="BODYTEXT" style="margin-bottom: 9.0pt;">
<span style="font-family: Helvetica; letter-spacing: -.2pt;">I’m not going to address the terrible thing that
happened that sparks my desperate desire for the warm blanket of reason.
Maybe later. Not now, when heads are hot and hearts are crushed and
fingers are flying around faster than reindeer, assigning blame at
everyone and everything that sits still for more than a couple seconds. I
don’t have the wisdom to sum this up, to put it into perspective. And I
can’t pretend to. I’ve rarely felt so unequal to the task set out
before me, to summarizing, mocking, illuminating, trivializing,
praising, chastising our shared history. </span></div>
<div class="BODYTEXT" style="margin-bottom: 9.0pt;">
<span style="font-family: Helvetica; letter-spacing: -.2pt;">So I’m going to stick with what I know; I can’t handle as much territory as jolly ol’ </span><b><span style="font-family: Helvetica; letter-spacing: -.2pt; mso-bidi-font-family: NewCenturySchlbk-Bold;">Saint Nick</span></b><span style="font-family: Helvetica; letter-spacing: -.2pt;">.
If someone’s willing to buy me a pack of flying reindeer, I might be
willing to try. But for now, I’ve got one county and some rather harsh
words for our DA. Because maybe, fighting for justice in our own
backyard is a start. </span></div>
<div class="BODYTEXT" style="margin-bottom: 9.0pt;">
<span style="font-family: Helvetica; letter-spacing: -.2pt;">I seem to remember a popular parable about a good
Samaritan, a man who stopped to help a traveler who had been robbed,
beaten, and left for dead on the side of the road. Kinda like the guy
driving through SLO on Jan. 20 who was reportedly attacked by a pack of
drunk jocks. Whether the traveler in our particular story would have
survived such a pummeling—generally, being outnumbered by up to seven or
so to one in a fight isn’t considered very good odds—on his own is
unclear. It’s unclear, because </span><b><span style="font-family: Helvetica; letter-spacing: -.2pt; mso-bidi-font-family: NewCenturySchlbk-Bold;">Austin Sarna</span></b><span style="font-family: Helvetica; letter-spacing: -.2pt;"> happened to be nearby and witnessed what went
down. I don’t know how many people would do what Sarna did next—though I
certainly hope that if I’m ever being hit and kicked, someone will do
the same for me—but Sarna reports confronting the group, demanding that
they leave the driver alone. Because he was greatly outnumbered, he’s
said, he withdrew and brandished a knife from his bag and repeated that
the group needed to leave. </span></div>
<div class="BODYTEXT" style="margin-bottom: 9.0pt;">
<span style="font-family: Helvetica; letter-spacing: -.2pt;">Instead, according to court documents, they
attacked him, wrestling him to the ground and pinning him there while at
least two of them punched and kicked his face. That’s when Sarna
started slashing for his life, and the pack of thugs fled. </span></div>
<div class="BODYTEXT" style="margin-bottom: 9.0pt;">
<span style="font-family: Helvetica; letter-spacing: -.2pt;">Now, Sarna is facing felony charges of attempted
murder and assault with a deadly weapon. And the pack of drunks who by
all accounts attacked the guy driving down the street, and then jumped
Sarna when he tried to intervene? Well, let’s just say Christmas seems
to have come early for them. Whether that’s because they’re local boys—</span><b><span style="font-family: Helvetica; letter-spacing: -.2pt; mso-bidi-font-family: NewCenturySchlbk-Bold;">Trevor Tice</span></b><span style="font-family: Helvetica; letter-spacing: -.2pt;">, the one who ended the evening cut and bleeding, was a three-time CIF finalist wrestler for Atascadero High—or the </span><b><span style="font-family: Helvetica; letter-spacing: -.2pt; mso-bidi-font-family: NewCenturySchlbk-Bold;">DA</span></b><span style="font-family: Helvetica; letter-spacing: -.2pt;">
was simply free-basing when the time came to make a decision about how
to handle this case is unclear. One member of the pack told police t</span><span style="font-family: Helvetica; letter-spacing: -.25pt; mso-font-width: 99%;">hey had all consumed somewhere
in the ballpark of 10 shots of vodka apiece. And when you have a pack
of violent, drunk—which seems like a bit of an understatement
considering the amount of alcohol they had consumed—bullies prowling the
streets late at night, it’s just a matter of time before something bad
happens. Of course, without Sarna’s intervention, it could have been
something very, very bad. To make matters worse, the public defender’s
office had to recuse itself from providing an attorney for S</span><span style="font-family: Helvetica; letter-spacing: .1pt; mso-font-width: 99%;">arna on account of a conflict of interest with the victims. Meaning
that the public defenders office had already defended at least one of
the “victims” in a separate case. </span></div>
<div class="BODYTEXT" style="margin-bottom: 9.0pt;">
<span style="font-family: Helvetica; letter-spacing: -.2pt;"><span style="mso-spacerun: yes;"> </span>I
can’t seem to remember the part of the parable in which the good
Samaritan is sent to jail for helping a guy who was getting roughed up.
Maybe I just wasn’t careful enough in my reading? Or maybe our DA saw an
easy target in a 22-year-old transient from Vallejo who happened to be
at the wrong place at the wrong time. Or, from the driver’s perspective,
happened to be at exactly the right place at exactly the right time.
Maybe looking into problems potentially pinnable on a pack of local good
ol’ boys was just a little too tough for the DA. We wouldn’t want him
to run the risk of being unpopular locally, would we? Because that might
interfere with his odds of getting nominated to homecoming court.</span></div>
<span style="font-family: Helvetica; letter-spacing: -.2pt;">So who really belongs on the naughty list, based
on the official accounts of that night: The guys who got drunk and
picked a fight with a stranger before attacking the person who tried to
come to the stranger’s aid? Or the guy who put himself in a dangerous
situation in defense of a stranger?</span></blockquote>
<br />
Many thanks to the Shredder for his straightforward opinion on Sarna's case. <br />
<br />
<a name='more'></a><a href="http://www.newtimesslo.com/shredder/8827/dear-santa/" target="_blank">Article originally posted here</a>.The Defense of Austin Sarnahttp://www.blogger.com/profile/17976006947541580175noreply@blogger.com1tag:blogger.com,1999:blog-8441884890195267648.post-43599530179149546212012-12-21T17:45:00.000-08:002012-12-21T18:18:57.180-08:00New Times SLO article uncovers the facts regarding Sarna's caseWe would like to thank Matt Fountain at New Times in San Luis Obispo for writing the first objective article on Austin Sarna's case which was published this past week, <a href="http://www.newtimesslo.com/news/8763/more-to-the-story/" target="_blank"><b><i>More to the story?</i></b></a>, and the follow-up article that was published yesterday, <a href="http://www.newtimesslo.com/news/8797/bail-set-in-slo-stabbing-case/" target="_blank"><b><i>Bail set in SLO stabbing case.</i></b></a><br />
<br />
Sarna's family and friends are grateful for the opportunity Fountain's articles have given the public to learn of <b>all</b> the facts about Austin's case, and not just the few details the SLOPD and SLO District Attorney's office want the public to know.
We hope the truth continues to spread.The Defense of Austin Sarnahttp://www.blogger.com/profile/17976006947541580175noreply@blogger.com0tag:blogger.com,1999:blog-8441884890195267648.post-51133223997773184302012-12-19T18:28:00.000-08:002013-02-01T18:30:47.400-08:00New Times SLO article on Austin's bail hearing<h3>
Bail set in SLO stabbing case</h3>
by Matt Fountain
<blockquote class="tr_bq">
<i> A San Luis Obispo Superior Court judge has allowed bail for a 22-year-old man suspected in a late-night stabbing in downtown San Luis Obispo in January 2012. </blockquote>
<blockquote class="tr_bq">
At his Dec. 13 preliminary hearing, Austin Sarna sat quietly in shackles as Judge John Trice set bail at $500,000 and scheduled a trial-setting conference for Jan. 22.</blockquote>
<blockquote class="tr_bq">
Sarna faces felony counts of attempted murder and assault with a deadly weapon after coming to the aid of a motorist who was losing a lopsided fight, and stabbing 27-year-old Trevor Tice nine times.<br /><br />According to investigators’ reports, shortly before midnight on Jan. 20, a motorist—who isn’t being publicly identified by New Times—was turning right on Broad and Monterey streets when one of a group of up to seven “college-aged” males kicked his car, prompting him to confront the group.</blockquote>
<blockquote class="tr_bq">
According to multiple police reports, witnesses say the man was then assaulted by a few in the group, and was losing the fight when Sarna, who witnessed the altercation from Mission Plaza, approached the group to tell them to “leave him alone.”<br /><br />The group allegedly refused, and Sarna brandished a knife, he would later say, because he was scared. Sarna was immediately pounced on by at least two of the males—one later identified as Tice—who pinned him down on his back while kicking and punching his head and face.</blockquote>
<blockquote class="tr_bq">
Sarna—still on the ground—then stabbed Tice eight times in the back, wounds later determined to be “superficial,” but also slashed Tice’s left bicep, severing an artery, which later required surgery. As the group dispersed, Tice was left alone, and later collapsed in the street. The unidentified motorist also left the scene.<br /><br />Another man received a wound to his head, which didn’t require medical attention.</blockquote>
<blockquote class="tr_bq">
Members of the group accompanying Tice later told investigators they were “pretty drunk,” and Tice later said he couldn’t recall the incident.<br /><br />Sarna was arrested in September by SLOPD officers in his native Vallejo, after DNA found on the knife implicated him in the case.<br /><br />Foss told New Times he still believes Sarna has a valid self-defense argument, though he has yet to enter a plea. Foss said he was appointed to the case after the county public defender’s office claimed they had conflicts of interest with the alleged victims in the case.</blockquote>
<blockquote class="tr_bq">
Foss added there had been preliminary talks of a possible plea bargain—possibly removing the attempted murder charge in exchange for a guilty plea to assault with a deadly weapon—but that offer hasn’t formally been made as of press time.<br /><br />He said his client faces a possible maximum sentence of around 15 years in prison should he be convicted of all charges, due to a prior assault conviction—stemming from a fist-fight—for which he remains on probation. Under the law, he would be required to serve 85 percent of the sentence, Foss explained.</blockquote>
<blockquote class="tr_bq">
The case has attracted attention from the community, some of whom claim Sarna isn’t receiving fair treatment, as he’s the only individual from the questionable incident to face any charges.<br /></blockquote></i>
(originally posted here: http://www.newtimesslo.com/news/8797/bail-set-in-slo-stabbing-case/)
The Defense of Austin Sarnahttp://www.blogger.com/profile/17976006947541580175noreply@blogger.com0tag:blogger.com,1999:blog-8441884890195267648.post-74863382138826603912012-12-11T10:42:00.002-08:002013-01-10T11:18:41.260-08:00From Austin's fiancée<blockquote class="tr_bq">
<div style="margin-bottom: 0in;">
<i>When I first met Austin Sarna, I was
unimpressed, to say the least. As someone who could be described as
reserved and private, I found Austin’s visible tattoos, colorful
attire, and vibrant personality to be completely obnoxious. He
approached me with a smile and attempted to strike up a conversation
and I shut him down. He was too different from me and I couldn’t
be bothered to see past that.</i></div>
</blockquote>
<blockquote class="tr_bq">
<div style="margin-bottom: 0in;">
<i>Over time, I would see him around
during his visits to San Luis Obispo. He’d be out walking his
puppy, leaving Starbucks with a traveler box of brewed coffee for
whoever he met that would want a cup, socializing with various people
downtown, and generally looking happy about life. I became intrigued
by his optimistic, radiant attitude, his unsolicited generosity, and
his kindness and we eventually became friends.</i></div>
</blockquote>
<div style="margin-bottom: 0in;">
<blockquote class="tr_bq">
<i>During our friendship I learned a
lot about Austin’s life, about his family and his upbringing, about
the city he was born and raised in, his hobbies and interests. I
also learned of the hardships he had endured throughout his life.
They weren’t so different from my own which was a little shocking
for me as I had used mine as a shield to protect myself from others
getting too close to me while Austin used his as a way to relate more
to other people and be genuinely compassionate. </i></blockquote>
</div>
<div style="margin-bottom: 0in;">
<blockquote class="tr_bq">
<i>It was at this time that I began to
realize that Austin’s entrance in my life was not by mere
happenstance. God sent him to me to show me that I could heal from
my past, that I could use my discernment as a way to develop
meaningful relationships instead of as a way to shut people out. I
discovered a lot about myself: who I was compared to who I thought I
was, who I wanted to be, how I wanted my life to be. The most
difficult thing I learned about myself was that I hadn’t been the
open minded, nonjudgmental, accepting person that I thought I was.
With much prejudice, I had initially shamefully judged Austin solely
on his appearances and our obvious differences instead of seeing the
warm, caring person he undeniable is. </i></blockquote>
</div>
<div style="margin-bottom: 0in;">
<blockquote class="tr_bq">
<i>I also soon realized that not only
had God purposely placed Austin in my life to help me with healing,
growing, learning, and being better, but that Austin’s role in my
life would be much more permanent. The guy with the unattractive
tattoos and hippy clothes was the man I was meant to spend the rest
of my life with. I loved him and he loved me. We began planning our
future together and my children and I moved to the Bay Area to start
a new life as a family with Austin. </i></blockquote>
</div>
<div style="margin-bottom: 0in;">
<blockquote class="tr_bq">
<i>Over the summer, we learned that we
were expecting. Austin was going to be a father and he was more
loving and wonderful as ever. There were many times during our first
trimester that I was so sick I didn’t leave my bed for days. He
did his best to make sure I was as comfortable as possible and taken
care of while also working a physically exhausting job. I didn’t
think I could love him any more than I did at that time. </i></blockquote>
</div>
<blockquote class="tr_bq">
<div style="margin-bottom: 0in;">
<i>Austin soon began to seek different
career and educational opportunities. He was thinking about
fatherhood, our family, and our future. He wanted the best for our
family and was making changes to ensure that he could provide the
best for us. More than this, he just wanted to be a good dad.</i></div>
</blockquote>
<blockquote class="tr_bq">
<div style="margin-bottom: 0in;">
<i>On a Wednesday afternoon in
September, our life as we knew it changed. Austin was arrested and
transported to San Luis Obispo to face charges for attempted murder
and assault with a deadly weapon over an incident that happened at
the beginning of the year. I don’t recall ever feeling as
brokenhearted as I did the day he was arrested.</i></div>
</blockquote>
<blockquote class="tr_bq">
<div style="margin-bottom: 0in;">
<i>After having recently been diagnosed
with bronchitis and unable to sleep, Austin headed out with his puppy
late one Thursday night in January. While he was out, he witnessed a
random act of violence by a group of men. One of the men attacked a
car that had pulled up to a stop sign. The driver got out of his car
to confront the man, was tackled to the ground, and the group of men
began beating him. Austin rushed over to convince the group of men
to let the driver go, but instead of being able to de-escalate the
situation, he, too, was tackled to the ground and assaulted. One of
the men pinned Austin down and was punching him while some of the
others gathered around, repeatedly kicking him. As he and the driver
were being ruthlessly attacked, Austin was overcome with fear of the
two of them being killed by these men. The life-threatening stress
prompted Austin’s reaction of doing whatever he needed to do to
save his own life and the driver.</i></div>
</blockquote>
<blockquote class="tr_bq">
<div style="margin-bottom: 0in;">
<i>I’ve dealt with many emotions
since Austin’s arrest in September: outrage that the police and
detectives blatantly chose not to disclose all of the facts regarding
the incident to the media, anger at the media for reporting the
police department’s bias press release instead of questioning the
unsound content, disheartenment over the comments left under the
online media reports condemning Austin based on his tattoos, guilt
because I had once judged Austin the same way, resentment towards the
group of men who viciously attacked Austin and the driver of the car
and were never arrested, sorrow realizing that Austin could’ve died
that night.</i></div>
</blockquote>
<div style="margin-bottom: 0in;">
<blockquote class="tr_bq">
<i>While I have been able to get past
many of the negative emotions with the help of God, Austin’s love,
wisdom, and encouragement, and support from our loved ones, I
continue to struggle with grief and heartache. While the men who
attacked Austin are able to go on with their lives, waking up in
their beds, spending the holidays with their families, wrapping their
arms around someone they love, Austin is in jail. His life is on
hold. He can’t work to provide for his family and our future. He
can’t be here to feel his unborn baby move whenever she hears his
voice. He couldn’t celebrate his birthday or Thanksgiving with his
loved ones. He can’t hold my hand while telling me how much he
loves me. He can’t help decorate the Christmas tree. </i></blockquote>
</div>
<blockquote class="tr_bq">
<div style="margin-bottom: 0in;">
<i>While his absence has been painful
to bear, preparing to have our baby without him is something I have
difficulty coming to terms with on a daily basis. Knowing Austin
won’t be here to experience the one event he’s looked forward to
the most – the birth of his child – is a constant source of grief
and heartache. I ask God for strength, healing, and peace multiple
times a day.</i></div>
</blockquote>
<div style="margin-bottom: 0in;">
<blockquote class="tr_bq">
<i>In trying to make sense of
everything that happened the night of the incident and since Austin’s
arrest, I’ve asked every question I can possible think of. Why did
this happen? Why that night? Why did Austin have to witness the
crimes of these men? Why did he have to be the only person who tried
to help? Why didn’t these men just stop? All of these questions
have been unanswered except one. As I soon prepare to deal with the
reality of Austin not being by my side during labor and delivery and
holding his newborn baby, I cannot deny the fact that Austin would’ve
never walked away from helping someone in danger or in need. That is
the man I know and love and am committed to spending my life with. </i></blockquote>
<i><b> S. Valentino</b> </i></div>
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<![endif]-->The Defense of Austin Sarnahttp://www.blogger.com/profile/17976006947541580175noreply@blogger.com1tag:blogger.com,1999:blog-8441884890195267648.post-66551356894556120132012-11-29T22:16:00.001-08:002012-11-29T22:31:41.408-08:00The Good SamaritanA little over a week ago, MSN ran this story of a man who defended a stranger from a group of would-be robbers and is being hailed as a Good Samaritan, <a href="http://usnews.nbcnews.com/_news/2012/11/21/15328289-cops-good-samaritan-stabs-would-be-robber-who-targeted-wheelchair-user" rel="nofollow" target="_blank">Cops: Good Samaritan stabs would-be robber who targeted wheelchair user.</a><br />
<blockquote class="tr_bq">
<blockquote class="tr_bq">
<i>A would-be robber was hospitalized after a Good Samaritan stabbed the teen as he targeted a man in a wheelchair, according to investigators.</i></blockquote>
</blockquote>
<blockquote class="tr_bq">
<blockquote class="tr_bq">
<i>Police say three youths attempted to rob the 49-year-old victim at the intersection of 29th Street and Dauphin Street at 5:30 p.m. ET on Tuesday.</i></blockquote>
</blockquote>
<blockquote class="tr_bq">
<blockquote class="tr_bq">
<i>As they attacked, a Good Samaritan intervened, police said.</i></blockquote>
</blockquote>
<blockquote class="tr_bq">
<blockquote class="tr_bq">
<i>The 15-year-old suspect was stabbed in the chest while the two other suspects fled. The injured teen was taken to Hahnermann Hospital where he was listed in stable condition.</i></blockquote>
</blockquote>
<blockquote class="tr_bq">
<blockquote class="tr_bq">
<i>Police were still searching for the two other teen suspects late Tuesday.</i></blockquote>
</blockquote>
Comparing this story to Sarna's case raised many questions. Instead of teenagers, what if the Good Samaritan witnessed grown men attempted to rob a stranger? What if there were at least 5 instead of 3? What if the Good Samaritan witnessed an actual assault rather than an attempted robbery? What if, instead of running, they turned on the Good Samaritan when he tried to intervene? What if the Good Samaritan had to defend himself after trying to defend this stranger?<br />
<br />
Upon further investigation of this story, I discovered more articles with more information including the following story on myfoxphilly, <a href="http://www.myfoxphilly.com/story/20152960/police-teen-suspect-stabbed-during-attempted-robbery" rel="nofollow" target="_blank">Police: Teen Suspect Stabbed During Attempted Robbery.</a><br />
<blockquote class="tr_bq">
<blockquote class="tr_bq">
<i>Philadelphia Police say a man who attempted to stop a robbery Tuesday night ended up becoming the victim and stabbed a 15-year-old suspect in self-defense.</i></blockquote>
</blockquote>
<blockquote class="tr_bq">
<blockquote class="tr_bq">
<i>According to police, three teenagers attempted to rob a man in a wheelchair in the area of 29th and Dauphin. </i></blockquote>
</blockquote>
<blockquote class="tr_bq">
<blockquote class="tr_bq">
<i>Police say as the three suspects harassed the wheelchair bound man, another man who happened to be walking by intervened.</i> </blockquote>
</blockquote>
<blockquote class="tr_bq">
<blockquote class="tr_bq">
<i>The suspects then turned on the 49-year-old man, according to police.</i></blockquote>
</blockquote>
<blockquote class="tr_bq">
<blockquote class="tr_bq">
<i>Police say that's when the man pulled a knife and stabbed one of the teens, a 15-year-old, in the upper chest in self-defense.</i></blockquote>
</blockquote>
<blockquote class="tr_bq">
<blockquote class="tr_bq">
<i>The teenager was taken to Hahneman Hospital, where he is listed in stable condition.</i> </blockquote>
</blockquote>
<blockquote class="tr_bq">
<blockquote class="tr_bq">
<i>Police say they are looking for the other two suspects.</i> </blockquote>
</blockquote>
So now we see self-defense appear in this story which adds more questions when comparing this story to Sarna's. Where is the line between Good Samaritan and attempted murderer? What makes the men who assaulted Sarna and assaulted the stranger in the vehicle the victims instead of what they really are, the assailants? What makes Sarna the attacker when he was clearly defending himself, when the stranger Sarna was trying to help backs Sarna's side of the story, and when the group of men either claim they don't remember what happened or are pointing fingers at each other and telling inconsistent stories? Why hasn't this group of men - who ran around downtown San Luis Obispo drunk, harassing and assaulting individuals - been charged with any crimes from that night?<br />
<br />
I strongly encourage anyone reading this to call San Luis Obispo District Attorney Gerald Shea at 805-781-5800 and ask for answers to any of these questions. The Defense of Austin Sarnahttp://www.blogger.com/profile/17976006947541580175noreply@blogger.com0tag:blogger.com,1999:blog-8441884890195267648.post-53826769125408606212012-11-23T10:40:00.000-08:002012-11-23T15:41:38.354-08:00What the SLOPD press release failed to acknowledge, and the local media failed to reportWhile the headlines in San Luis Obispo read "attempted murder" regarding the incident that happened in downtown San Luis Obispo on January 21, 2012, the real story was not reported.<br />
<br />
What the SLOPD press release failed to acknowledge - and the local media failed to report - is that on the night of this incident, Sarna had witnessed a male in a group of at least 5 men randomly attack a vehicle that had stopped at a stop sign at the corner of Broad and Monterey. When the owner of the vehicle got out of his car to confront the male, he was tackled to the ground and the group of men began physically assaulting him. Sarna rushed over to attempt to stop the assailants and help the owner of the vehicle. That's when the men turned on him. He was immediately tackled to the ground and assaulted, being repeatedly kicked and punched by 2-3 of the men while the others in the group continued to assault the owner of the vehicle. Sarna feared for his life.<br />
<br />
The duty of peace officers is to enforce laws to protect it's citizens and the duty of the media is to report the truth. <br />
Sarna was acting in self-defense. The SLOPD and District Attorney have acknowledged the self-defense elements of this case behind closed doors and in the court room, but until now, the citizens of San Luis Obispo have not been informed of the truth.<br />
Sarna was defending the life of a stranger who was being assaulted by a group of men and, in turn, ended up having to defend his own life.<br />
<br />
Sarna is currently being held at the San Luis Obispo County Jail. He has been charged with one count of attempted murder and two counts of assault with a deadly weapon. His bail has been set at $500,000. The Defense of Austin Sarnahttp://www.blogger.com/profile/17976006947541580175noreply@blogger.com1tag:blogger.com,1999:blog-8441884890195267648.post-19242417152782624142012-11-06T10:39:00.001-08:002012-11-18T12:01:26.509-08:00Self-Defense<h4>
Judicial Council Of California Criminal Jury Instruction 3470 </h4>
<div style="text-align: justify;">
<i>The defendant is not guilty of <i><insert crime(s) charged></i>
if (he/she) used force against the other person in lawful
(self-defense/ [or] defense of another). The defendant acted in lawful
(self-defense/ [or] defense of another) if:</i></div>
<blockquote>
<h4>
<i>1. The defendant reasonably believed that (he/she/ [or] someone else/ [or] <i><insert name of third party></i>) was in imminent danger of suffering bodily injury [or was in imminent danger of being touched unlawfully];</i></h4>
<h4>
<i>2. The defendant reasonably believed that the immediate use of force was necessary to defend against that danger;</h4>
<h4>
AND</h4>
<h4>
3. The defendant used no more force than was reasonably necessary to defend against that danger.</i></h4>
</blockquote>
<div style="text-align: justify;">
<i>Belief in future harm is not sufficient, no matter how great or how
likely the harm is believed to be. The defendant must have believed
there was imminent danger of violence to (himself/ herself/ [or] someone
else). Defendant's belief must have been reasonable and (he/she) must
have acted because of that belief. The defendant is only entitled to use
that amount of force that a reasonable person would believe is
necessary in the same situation. If the defendant used more force than
was reasonable, the defendant did not act in lawful (self-defense/ [or]
defense of another).</i></div>
<div style="text-align: justify;">
<i>When deciding whether the defendant's beliefs were reasonable,
consider all the circumstances as they were known to and appeared to the
defendant and consider what a reasonable person in a similar situation
with similar knowledge would have believed. If the defendant's beliefs
were reasonable, the danger does not need to have actually existed.</i></div>
<div style="text-align: justify;">
<i>[The defendant's belief that (he/she/ [or] someone else) was
threatened may be reasonable even if (he/she) relied on information that
was not true. However, the defendant must actually and reasonably have
believed that the information was true.]</i></div>
<div style="text-align: justify;">
<i>[If you find that <i><insert name of victim></i> threatened or
harmed the defendant [or others] in the past, you may consider that
information in deciding whether the defendant's conduct and beliefs were
reasonable.]</i></div>
<div style="text-align: justify;">
<span style="background-color: #cccccc;"></span><i>[If you find that the defendant knew that <i><insert name of victim></i>
had threatened or harmed others in the past, you may consider that
information in deciding whether the defendant's conduct and beliefs were
reasonable.]</div>
<div style="text-align: justify;">
[Someone who has been threatened or harmed by a person in the past is
justified in acting more quickly or taking greater self-defense
measures against that person.]</div></i>
<div style="text-align: justify;">
</div>
<i>[If you find that the defendant received a threat from someone else that (he/she) reasonably associated with <i><insert name of victim></i>,
you may consider that threat in deciding whether the defendant was
justified in acting in (self-defense/ [or] defense of another).]</i>
<br />
<div style="text-align: justify;">
<i>[A defendant is not required to retreat. He or she is entitled to
stand his or her ground and defend himself or herself and, if reasonably
necessary, to pursue an assailant until the danger of (death/bodily
injury/ <i><insert crime></i>) has passed. This is so even if safety could have been achieved by retreating.]</div>
<div style="text-align: justify;">
The People have the burden of proving beyond a reasonable doubt that
the defendant did not act in lawful (self-defense/ [or] defense of
another). If the People have not met this burden, you must find the
defendant not guilty of <i><insert crime(s) charged></i>.</div></i>
<br />
<h4>
The Defense of Austin Sarnahttp://www.blogger.com/profile/17976006947541580175noreply@blogger.com0