The case of Diana Gonzalez, the San Diego City College student found murdered on campus, was not sent to the city attorney for prosecution. But such domestic violence cases can be referred to the city attorney for misdemeanor prosecution.
Gonzalez was found murdered in a San Diego City College bathroom two weeks ago. District Attorney Bonnie Dumanis's office said because the Gonzalez case didn't meet the burden of proof for a felony prosecution, it didn't refer the case to the city attorney's office.
A misdemeanor prosecution also requires proof beyond a reasonable doubt. But Chris Morris, who used to prosecute domestic violence cases for the city attorney's office, said misdemeanor battery cases are easier to prove.
"If you can't prove the felony, you still may be able to prove the misdemeanor," Morris said.
And misdemeanor batter, Morris said, requires abusive spouses to enroll in a domestic violence rehabilitation program.
"It really teaches them anger management and coping skills that become the key," Morris said. "That's what all the studies have shown and getting them into this year-long program is the real key to keeping them from re-offending."
Gonzalez's husband Armando Gabriel Perez has been charged with her murder. He remains a fugitive.
