'This is really egregious': Livermore police chief clashes with DA over paroled convicted felon's case

LIVERMORE, Calif. - Livermore’s police chief is criticizing Alameda County District Attorney Pamela Price's office for not pursuing tougher penalties against a suspect, who is a paroled convicted felon, accused in a violent robbery.

That criticism came in a letter written earlier this month by Chief Jeramy Young and obtained by the Bay Area News Group.

Young demanded Price increase the current penalties against robbery suspect and convicted felon Colby Berry, 21, who is accused of attacking two women while armed with a gun, back in May.

Police said one victim was beaten and required stitches.

"He had a prior violent offense using a firearm and this is a second one," said Chief Young.

"One of the enhancements I asked for was a career criminal enhancement, which does take into account prior violent felonies involving a firearm in so that there's been a second one, there can be an enhancement added for that," the police chief added.

Price has not and, apparently, will not enhance. 

"I just really hope that she'll reconsider and take a look at the facts of the case," Young said.

As of now, Berry faces a maximum sentence of 13 years, but could be out much sooner for good behavior and time served. Young said Berry's case is headed for to the Diversion Court at the request of his defense lawyer. 

"I just know that custody would be out of the question as far as I know, and then also probably the sentencing of the conviction on or his record. So, I think those are off the table," Young said.

The district attorney did not respond to KTVU's request for comment on this story. 

Price previously released a video statement, not subject to reporter questioning and clarifications. 

"While there may be some people who disagree with our evaluation of the evidence, our analysis of a case or our decisions, they are ours to make," Price said in her pre-packaged statement.

She went on to say that data shows enhancements overwhelmingly lengthen sentences against Black defendants.

"Unless there are extraordinary circumstances involving harm to vulnerable victims or extreme acts of violence," Price said. 

Young finds the lack of enhancement appalling.

"This is really egregious. I think it meets her qualifications as far as when she said she would apply enhancements," Young said.

On Tuesday, Price issued a statement regarding Young's critiques. 

"If we followed the Chief's advice, we would be adding 50 years to life to his sentence," Price said in a statement.

Price had previously explained some background information about diversion court.  To paraphrase: When the court suspects that (A) a defendant may have a developmental disability and (B) the defendant consents to the diversion process and waives their right to a speedy trial, the court orders the prosecutor, the probation department, and the regional center to prepare reports on specified aspects of the defendant's case. 

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Price has faced criticism from victims and their families for not seeking the toughest penalties against defendants in criminal trials. 

There is also an attempt underway to force a recall vote on Price.

She was elected in November after campaigning on a progressive criminal justice platform.