Nick Bernabe

March 6, 2015

(ANTIMEDIA) San Diego, CA — Yes you read that right, and no, you’re not in a 1984 episode of The Twilight Zone. A San Diego man could literally be sentenced to life in prison over pictures he posted on Facebook which contained alleged gang signs.

This is all part of a larger, very Orwellian case which also involves 14 other men, including rapper Brandon Duncan who could also face the same charges for lyrics in one of his songs.

Prosecutors say the men benefited in one way or another from murders which took place in San Diego by alleged associated gang members, but that they did not commit the crimes themselves.

The men are being charged under CA Penal Code section 182.5, an arcane law passed in 2000 which allows the State to prosecute anyone deemed to have “benefited” from a gang crime.

Initially Aaron Harvey, the man facing these charges, said “I laughed. I started laughing. I told ‘em, ‘You’ve got the wrong guy.’” when US Marshals arrested him in Las Vegas before extraditing him to San Diego.

“They’re saying I benefited because my stature, my respect, went up,” Harvey said. “I didn’t even know I had any stature. I don’t understand how someone can benefit from something they don’t even know exists.”

The case, being pursued by San Diego District Attorney Bonnie Dumanis, appears to be the first to charge people under this outrageous law in California.

“This is not the American justice system. We attach personal liability to things. You’re not guilty by mere association or mere membership,” said Edward Kinsey, Harvey’s lawyer. “It’s just wrong. If they can get away with this, I fear for our future as free citizens.”

The San Diego District Attorney’s office was contacted over the phone by Anti-Media, but refused to comment on the case.

What are your thoughts on this situation? Let us know in the comments below.

This article is free and open source. You have permission to republish this article under a Creative Commons license with attribution to the author and TheAntiMedia.org. Tune-in to The Anti-Media radio show Monday-Friday @ 11pm EST, 8pm PST. Image credit: Screen capture from Nadin Abbott

