BAKERSFIELD, Calif. (KERO) — Dustin Dean Towery, the first Kern County Man charged under Prop 36, was sentenced on Monday to a split two-year sentence, one year in jail, the other under mandatory supervision.
- According to a previous press release, Towery was the first person to be charged under the new guidelines after allegedly shoplifting two electric scooters. Towery pleaded no contest to the allegations.
- According to the Kern County District Attorney's office, Kern County has the highest Prop 36 arrest rate per capita in California, with over 500 cases filed since its implementation.
- Critics argue that Prop 36 fails to address underlying community issues like homelessness and mental health.
BROADCAST TRANSCRIPT:
On Monday morning, Dustin Dean Towery became the first person in Kern County to be sentenced under the new Prop 36 guidelines. I'm Sam Hoyle, your neighborhood reporter. According to court records, Towery was already on probation for a previous felony charge.
Dustin Dean Towery sentenced to a split two-year sentence. Towery pled no contest to a charge of shoplifting two electric scooters from a Target back in December with two or more prior convictions, and was sentenced to a split two-year sentence, one year in jail, the second under mandatory supervision or probation.
Following his time in jail, Towery is required to knowingly stay at least 100 yards away from all Kern County Target stores and pay restitution. The amount has not been determined as of Monday morning.
Towery was deemed eligible for prosecution under Prop 36 statutes due to several prior misdemeanor and felony judgments. Proposition 36 was voted into law by California voters this past election cycle and aims to increase penalties for repeat offenders.
According to a spokesperson for the District Attorney's office, prior to Prop 36, it's likely that Towery would have been cited and released for misdemeanor theft, and would have faced a maximum of one year in prison, but probation was a common sentence.
According to DA's office, as a result of the community's support of Prop 36, the District Attorney's office is responding in kind, by being the county with the highest Prop 36 filings per capita, over 500 cases since it took effect.
Towery was represented by the Public Defender's office during this case. We spoke with Jano Matteo, Chief Deputy Public Defender, who said he believes that Prop 36 doesn't adequately address the needs of the community.
"I think four or five years down the road, somebody is going to look back at this and say, did we really make the right decision? Are we really addressing the needs of the community? Are we addressing the systematic problem that is prevalent in the community, which is the homelessness, the mental health? That's what we need to address. If we address those problems, I think you're not going to have these issues."
While Towery was the first Kern County resident to be sentenced under Prop 36 guidelines, Dennis Ghianuly was convicted of theft and drug charges with two or more prior convictions earlier this month. He is slated to be sentenced in late June, where he faces a up to over seven years in prison. In Bakersfield, SH, YNR
Stay in Touch with Us Anytime, Anywhere:
