Los Angeles District Attorney Nathan Hochman announced Wednesday that his office is reducing 16 felony charges against LAPD Officer Daniel Flores to misdemeanors. Flores had been charged with felonies for secretly recording colleagues making racist and sexist remarks within the LAPD's recruitment division and reporting them to internal affairs.
Hochman stated that the initial felony charges, which carried a potential prison sentence of up to 13 years, prompted criticism and raised concerns that the prosecution could discourage other officers from coming forward with evidence of misconduct. "We are listening to the impact the case was having on potential whistleblowers," Hochman said, adding that the original charges "sent the wrong message."
Flores's attorney, Alan Jackson, had previously argued that prosecuting Flores for exposing bigotry within the LAPD was unjust. "It tells them the safe move is to hear slurs and say nothing," Jackson told the Los Angeles Times in July.
The recordings, first reported by the Los Angeles Times, captured officers making offensive comments, including jokes about a Latino baseball pitcher's ethnicity, racist tropes about Black people, and sexually suggestive remarks about a young recruit. Hochman condemned these remarks as "hate speech" but noted there was insufficient evidence to pursue hate crime charges against those who made them.
While acknowledging that Flores violated California's eavesdropping statute, which prohibits secret recordings without the consent of all parties present, Hochman believes the downgrade to misdemeanors will allow for a diversion agreement. Under such an agreement, Flores could avoid jail time if he avoids further legal violations for one year. Hochman expressed hope that this decision would encourage officers to work with the district attorney's office through legal channels.
In a separate internal LAPD investigation, Flores was found guilty and received a 22-day suspension without pay, according to the Los Angeles Times. The LAPD also initiated confidential disciplinary hearings against the officers who made the offensive remarks, though the department has not disclosed whether any disciplinary actions have been taken against them.