People v. DeCastro (BA237023)

This information is a summary of what we have found using public background searches, information obtained via other court cases, and self-admissions made by Mr. DeCastro and posted by him to his YouTube channel.

Based on the dates of the violations for the cases immediately before and after this one, we believe this incident would have taken place around the end of September or the very beginning of October, 2002. The information we have found so far indicates that Mr. DeCastro may have been originally arrested and charged with Felony Manufacturing of a Controlled Substance and/or Possession of a Controlled Substance for Sale.

This arrest information came into full public view during one of Mr. DeCastro's PPO cases when the Judge read from what was reported to be his 'criminal record.' An audio recording of the case is available on Frog UK Transparency's YouTube channel and we have embedded a short clip (below). You can link from the video to the full recording.

In the audio, the Judge and Mr. DeCastro confirm Mr. DeCastro's 2002 charges and his successful completion of a diversion program. The Judge can be heard stating "Possession for Sale" and "Manufacturing a Controlled Substance." Since then, in videos and live streams posted to his YouTube channel, Mr. DeCastro re-confirmed his 2002 arrest for possession of GHB and the diversion program that he says took 18 months to complete. A short video clip from one of his posts is also provided in the 'Related Case Videos' section.

While Los Angeles County first established Drug Courts in 1994, Proposition 36 was approved by voters in 2000 and updated a number of provisions in California's Sentencing Laws. The following is a portion of the Proposition 36 Ballot Summary:

• Requires probation and drug treatment program, not incarceration, for conviction of possession, use, transportation for personal use or being under influence of controlled substances and similar parole violations, not including sale or manufacture.
• Authorizes dismissal of charges when treatment completed, but requires disclosure of arrest and conviction to law enforcement and for candidates, peace officers, licensure, lottery contractors, jury service; prohibits using conviction to deny employment, benefits, or license.

In his videos, Mr. DeCastro stated he was originally charged with 5 felonies which were later dismissed and he was only guilty of possession. If we use the sentencing laws in effect after Proposition 36 passed, the Sale and Manufacturing charges would have had to have been dismissed to qualify for diversion. There is the possibility that the charges were reduced as part of a plea agreement, but we have been unable to determine why the charges were dismissed or reduced.

While official documentation is limited, Mr. DeCastro has, in his own words, confirmed what little we know about the arrest and outcome by discussing the case on his YouTube channel.

Diversion Program: Successfully Completed. Case Status: DISMISSED.

Using the pre-2018 criteria for our Scorecard Calculations, a diversion program or a Deferred Entry of Judgment (DEJ) is a 'Win' as the case is dismissed, but is also a 'Loss' as it requires a guilty plea to be eligible. As such we will not be including this case in the score.