Fresno County supervisors on Tuesday approved an ordinance furthering allowances for licensed prosecutors and investigators to carry firearms. Now, District Attorney Lisa Smittcamp and Sheriff John Zanoni say they are close to having a completed plan, which will include regular training and safe storage inside buildings.

Smittcamp said arming attorneys only addresses a piece of the problem. At the meeting, she called for stricter granting by judges of mental health diversions for accused criminals. She also said people don’t focus enough on the responsibility of carrying a weapon and that a CCW isn’t that hard to get.

“I really don’t think that this is the answer. This is one step in the right direction, especially for a targeted number of prosecutors who handle these types of cases that will feel comfortable having weapons,” Smittcamp said. “Carrying a weapon is a responsibility and actually a burden, really.”

She said her office is still working on the precise language of the ordinance allowing prosecutors with a concealed weapons permit to carry firearms while at work.

Zanoni said it’s attorneys working homicide or gang enforcement who are the most at risk. The risk management portion, however, still needs to worked out.

“If something does happen, the county is going to be in the liability chain on that because they’re carrying it while on duty, while being paid,” Zanoni said. “These are all things that we can work toward, and we can make this a reality sooner than later, because we do need to protect these individuals.”

Training for Prosecutors

At the supervisors meeting Tuesday, Smittcamp said “the status of downtown makes everyone vulnerable.” This comes after the stabbing of a senior deputy district attorney in August. The prosecutor returned to work today, Smittcamp said.

Only a couple of months earlier, Board Chair Garry Bredefeld authored an item making it easier for county employees with a concealed carry weapons permit to bring their firearms into county buildings and while on the job.

That included district attorneys, but they still needed approval from department heads — in the case of prosecutors, that means Smittcamp.

Smittcamp said she supports the new ordinance, but that arming employees only addresses a small piece of the problem.

Just because someone has a CCW doesn’t mean they’re adequately trained to use a gun, she said. Investigators, who already carry firearms, have to qualify multiple times a year. She wants prosecutors carrying while on the job to receive sufficient training.

“Prosecutors are not trained as peace officers are,” Smittcamp said. “We’re going to do everything we can so the people who carry weapons within our office get the benefit of that training and we’ll make sure that they are qualified a couple of times a year.”

Zanoni said with CCWs now being renewed every three years, that means less required training. While OK for average CCW holders, he said for employees carrying weapons on county property, they’ll need more training.

“I’m going to emphasize training, training, proficiency, proficiency,” Zanoni said.

Locker Logistics

Another problem is getting places to store weapons while in the office. Smittcamp said with 65 to 70 armed investigators in the building, it’s a safe place. Having prosecutors carrying guns could present a threat especially for those working with victims who may be emotional, she told GV Wire.

“You’re in a conference room with somebody that loses their mind, a victim’s family or whatever, so we want to make sure that they’re also protected,” Smittcamp said.

The district attorney’s office will need adequate locker space for prosecutors to securely store their weapons. The same goes for the Fresno County Superior Court, Zanoni said.

He’s been working with Presiding Judge Jeffrey Hamilton and Judicial Branch of California staff to find locker space in the courthouse for attorneys trying cases, similar to how the federal courthouse operates. That means having enough lockers away from the public to hold all the firearms.

For the B.F. Sisk Courthouse, Zanoni said it will be easier than for the Superior Courthouse at Courthouse Park.

“I believe we can make this a reality in a short period of time,” Zanoni said.

More Sheriff ‘s Presence at Courthouse Park

Fresno City Attorney Andrew Janz, who in late August said his prosecutors and investigators who have CCWs can carry in some county buildings, commended the decision.

“Two weeks ago, I authorized some of my attorneys with CCW permits to carry,” Janz told GV Wire. “I’m glad the county is doing the same. Prosecutors have been asking for this for a long time.”

Fresno City Councilmember Mike Karbassi disputed the authorization at the time, but Janz said his authorization stands.

Zanoni said he is working with County Administrative Officer Paul Nerland to find more funding to more sheriff’s deputies at Courthouse Park. Zanoni said beyond the two stabbings at the park this year, civilian staff have been spat on, chased, and “almost bitten by an unhoused individual’s dog.”

He said he will direct staff to scrutinize those at Courthouse Park “who look like they shouldn’t be there.”

“Keeping everyone’s rights in mind and everything else, we are going to be a good presence out there to ensure that people there are there for the right reasons,” Zanoni said. “And the people that aren’t need to move on.”

Mental Health Diversion Used Too Liberally in Fresno: Smittcamp

Smittcamp said she regularly gets about two death threats a month. A big problem is a large number of people accused of crimes getting a mental health diversion, which means they don’t face sentencing and are released unsupervised.

That diversion plea is available for a variety of crimes, including attempted murder, Smittcamp said. With a few interviews and consultations with mental health therapists, criminal suspects can go through a different judicial procedure before judgment is rendered. It even applies to people with repeat offenses.

“Once that person is granted mental health diversion, criminal proceedings are stopped,” Smittcamp told GV Wire. “No preliminary hearing, no trial, no witness, nothing. And that person goes off and goes into therapy.”

She said some judges in Fresno are very lenient when it comes to granting mental health diversions.

One person in particular has threatened Smittcamp numerous times, she said, including approaching her in public. He even threatened her life on the radio, she told supervisors.

She briefly got a temporary restraining order while he was going through the mental health diversion program, but once he was released, the restraining order ended.

While the program can be successful for some people, she said it needs to be tiered to allow for more accountability and scrutiny, especially taking into consideration repeat offenders.

“People who commit attempted murders are eligible for mental health diversion. Are they suitable? Probably not, because they’ve probably had repeat offenses, repeated incidents with family, with community,” Smittcamp said. “We have judges that are just granting them mental health diversion.”