Controversial 'AB 109' under fire after Orange County deadly stabbing spree

Opponents of AB 109 blame bill for suspect’s murder spree

California's controversial early release legislation, AB 109, is coming under fire again following the Orange County deadly stabbing spree.

LOS ANGELES - California's controversial early release legislation, AB 109, is coming under fire again following the Orange County deadly stabbing spree.

It's not the first time a violent felon has caused harm to the public after being released onto the streets under the law.

Assembly Bill 109 was passed by the California legislature in 2011 with the intention of reducing overcrowding in state prisons. Supporters of the legislation say it's doing just that and giving people second chances. But critics say all it's doing is endangering the public by releasing violent felons onto the streets, and innocent people are paying a deadly price.

When police arrested Orange County stabbing spree suspect, 33-year-old Zachary Castaneda, a known gang member, it didn't take long for them to say the quadruple homicide suspect should have never been on the streets in the first place.

"This person should have been in prison and not allowed to be in our community, committing these violent acts, based upon hit prior arrest record he is a violent individual who should have never been considered for early release based upon Assembly Bill 109," said the Garden Grove Police Chief Tom Dare.

Whittier police officer Keith Boyer was gunned down by Michael Mejia, a gang member with a lengthy criminal history who had been let out of prison early under AB 109 just days before the murder.

In April 2019, Alexis Avinai, a felon and gang member from Buena Park led police on a 3-country pursuit beginning in South Gate, fighting with his female passenger, and ending when he ran into a Rowland Heights 99 Cent store sending customers fleeing. Avinai had just gotten out of jail under AB 109.

"It’s really not fair for a few bad apples to represent everybody who's been released on AB 109, there are a lot of success stories that don’t make the news," said criminal defense attorney Lou Shapiro. "AB 109 was developed years ago not to reward violent offenders but it was to help the downtrodden have another lease on life when they get out. here are clients I’ve had that have gotten out and gone on to college, have learned a trade, have gotten married, settled down, have become taxpayers and law-abiding citizens."

Many prosecutors are heavily critical of AB 109 as well. The President of the Association of Assistant District Attorneys sent the following statement:

"AB 109 transferred responsibility for offenders with violent criminal histories to the local probation departments, who had no experience supervising such individuals. AB 109 also significantly reduced penalties for violation of the terms of release. Misconduct that would once have resulted in a return to prison for six months or a year, is now punished by only ten days in jail, leaving hardened offenders with little motive to comply with basic terms of release such as “obey all laws.

And , after seeing the recent violence in Garden Grove, the city's police chief says it's time for California politicians to rethink the legislation.