Summer Stephan Slams Los Angeles DA, Wants Control Of Cop-Killer Case

San Diego CA

08 January, 2021

7:01 PM

Description

By Ken Stone, Times of San Diego January 08, 2021 Accusing Los Angeles County's newly elected top prosecutor of watering down the case by dropping sentence-enhancing allegations, District Attorney Summer Stephan has asked to take over prosecution of an alleged cop-killer for a series of armed robberies he's accused of committing in San Diego County. The move is the latest criticism leveled at Los Angeles County District Attorney George Gascon, who was elected on a platform of reforming the prosecution system and quickly issued directives to eliminate sentencing enhancements and other allegations that can lead to higher prison terms for defendants. In a letter dated Monday, Stephan said she wants her office to take over the prosecution of Rhett Nelson, 31, for five armed robberies he's accused of committing locally in the days before he allegedly gunned two men down in Los Angeles County. Nelson — a former St. George, Utah, resident — is also charged with attempted murder and robbery for separate incidents in L.A. County. In Stephan's letter, she wrote that her office agreed early last year to let the L.A. district attorney prosecute Rhett for the San Diego County robberies with the understanding that Nelson would face a maximum possible sentence of life imprisonment without the possibility of parole. But Stephan claims that Los Angeles prosecutors, acting under instructions from Gascon, who was elected in November, plan to dismiss special circumstance and firearm allegations against Nelson, a move that she said would make Nelson eligible for parole as early as age 50. "Under your policy, this violent defendant, responsible for two killings and multiple robberies, would be eligible for parole in 20 years — a result not conducive to public safety," she wrote. A Los Angeles County District Attorney's Office spokesman confirmed that prosecutors will seek to dismiss the allegations at a Monday hearing. Stephan wrote, "The dismissal of these lawful allegations that are designed to ensure public safety fundamentally alters the basis for our grant of jurisdiction to the Los Angeles County District Attorney's Office for the prosecution of the San Diego County robberies. We are therefore formally requesting to retake jurisdiction of the crimes that occurred in San Diego County so they may be prosecuted to the extent that law and justice requires for the safety of the public." In a statement, the Los Angeles County District Attorney's Office said Stephan's decision would unnecessarily subject the victims' families to two trials, and said it was highly unlikely Nelson would ever be granted parole. "The defendant in this case is 31 years old and was facing nearly 70 years to life in state prison. As a result of this move by D.A. Stephan, the defendant now faces 50 years to life in state prison on his L.A. case, and possibly more if found guilty in his San Diego case," the statement reads. "We question the wisdom of dragging these families through two separate cases, and with the parole board only granting release in about 15% of cases it hears, the suggestion that this individual would get out, let alone reoffend, (strains) credulity. What's guaranteed is that two cases will cost taxpayers more than one." In Stephan's letter, she also alleged the victims' families were not consulted on Gascon's decision. "From everything I studied regarding this case, I did not see that the families of the two innocent human beings who were shot in the head and received instant death sentences had been given any opportunity to weigh-in on your decisions as the Constitution requires," she wrote. "And certainly none of the innocent store clerks who were robbed at gunpoint in San Diego County were allowed to provide input on whether 20 years in prison served the interests of justice or public safety." Nelson, whose family in Utah reported him missing in May of 2019 and noted he had a history of opiate abuse, allegedly shot Solano at a Jack in the Box restaurant at 2531 W. Valley Blvd. in Alhambra. Solano died two days later at County-USC Medical Center. Nelson allegedly shot Koltsov about an hour earlier in the 1900 block of East Seventh Place, between Santa Fe Avenue and Alameda Street, in downtown Los Angeles. He was arrested in Long Beach the following day. A motive for the killings remains unclear. One day after his arrest, San Diego police announced Nelson was being investigated for four armed robberies and one attempted armed robbery that allegedly occurred over a three-day period at convenience stores in San Diego, Lemon Grove and Carlsbad. The robberies occurred between June 7 and June 9, 2019. The suspect allegedly made off with cash in four of the holdups and was armed with a handgun in each incident, police said. Nelson was also charged with robbery for heists allegedly carried out at a 7-Eleven store and a Shell gas station, both in Long Beach, the same day as the fatal shootings. Details regarding the attempted murder count were not disclosed. Gascon has faced criticism from some groups — most notably law-enforcement agencies and even the union representing deputy district attorneys — over his directives to eliminate sentencing enhancements and allegations, including special-circumstance allegations that could lead to life-without-parole sentences. Gascon has stood by his directives, although in the face of opposition he agreed to allow some sentencing enhancements in cases involving the most vulnerable victims and in "extraordinary" circumstances, including hate crimes and crimes against children and the elderly. — City News Service Times of San Diego is an independent online news site covering the San Diego metropolitan area. Our journalists report on politics, crime, business, sports, education, arts, the military and everyday life in San Diego. No subscription is required, and you can sign up for a free daily newsletter with a summary of the latest news.