Jury nullification strikes again. The boy's father had a friend tattoo a small dog paw on the child's waist. This was understood to be a sign of the Bulldog Gang. The DA decided to charge the pair with aggravated mayhem, a crime that carries the possibility of life in prison.
No matter what one thinks of gangs, tattoos or fathers who make really bad choices, life in prison for tattooing a small dog paw print in a place usually covered by clothing goes too far. Perhaps the DA was focused on getting a gang member off the streets for a long time, and missed how silly it looked to compare a small tattoo to murder.
Jury nullification is the traditional doctrine that allows juries to ignore the law when the law is either preposterous or malign. The US jury system was originally created to protect citizens from oppression by the ruling class. It worked in this case. The jury acquitted on aggravated mayhem and couldn't agree on any lesser offense. The DA can try again on the lesser offenses. My guess is that there will be a plea to something much less and that will end the matter.
It is normal for prosecutors to over charge in hopes of getting a plea to a lesser charge. The trick is not to insult a jury by charging way too high. Maybe next time.
