Thank you Mr. GriffinBy now people should be familiar with the case of Austin Sarna from reading the fine New Times articles by Matt Fountain (most recently “SLO stabbing defendant to fight charges,” Jan. 31).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.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
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.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.
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.
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.
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.
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”).
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.
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.
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.
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.
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.
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.
Sarna is the only person involved in the incident facing charges.
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.
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.
Dear Santa,There’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 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.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.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.So I’m going to stick with what I know; I can’t handle as much territory as jolly ol’ Saint Nick. 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.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 Austin Sarna 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.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.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—Trevor Tice, the one who ended the evening cut and bleeding, was a three-time CIF finalist wrestler for Atascadero High—or the DA 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 they 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 Sarna 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.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.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?
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.
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.
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.
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.
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.”
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.
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.
Another man received a wound to his head, which didn’t require medical attention.
Members of the group accompanying Tice later told investigators they were “pretty drunk,” and Tice later said he couldn’t recall the incident.
Sarna was arrested in September by SLOPD officers in his native Vallejo, after DNA found on the knife implicated him in the case.
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.
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.
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.
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.(originally posted here: http://www.newtimesslo.com/news/8797/bail-set-in-slo-stabbing-case/)
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.
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.
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.
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 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.
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.
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.
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.
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’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.
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.
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.
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.S. Valentino
A would-be robber was hospitalized after a Good Samaritan stabbed the teen as he targeted a man in a wheelchair, according to investigators.
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.
As they attacked, a Good Samaritan intervened, police said.
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.
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?Police were still searching for the two other teen suspects late Tuesday.
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.
According to police, three teenagers attempted to rob a man in a wheelchair in the area of 29th and Dauphin.
Police say as the three suspects harassed the wheelchair bound man, another man who happened to be walking by intervened.
The suspects then turned on the 49-year-old man, according to police.
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.
The teenager was taken to Hahneman Hospital, where he is listed in stable condition.
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?Police say they are looking for the other two suspects.
1. The defendant reasonably believed that (he/she/ [or] someone else/ [or] <insert name of third party>) was in imminent danger of suffering bodily injury [or was in imminent danger of being touched unlawfully];
2. The defendant reasonably believed that the immediate use of force was necessary to defend against that danger;
AND
3. The defendant used no more force than was reasonably necessary to defend against that danger.
