Kali had a hearing this morning in Pleasanton where he plead to a deal negotiated by his public defender. He plead no contest to one felony count of 241.1 (assault on a custodial officer), with a sentence of 2 years. He also admitted to one prior “strike” for the purposes of sentencing, therefore doubling the two year sentence. He has thus agreed to 4 years of state time (the original offer was 6 years) at 80% time served (meaning he has to actually serve 80% of those 4 years). When accounting for time served pre-sentencing, etc… it means that he will do about another 2 years and 8 months of time (with expected release sometime at the beginning of 2015).
The deal also established that this conviction would not count as a strike (for future sentencing), and that his current probation would be restored without violation.
Kali has repeatedly expressed that he knows his “history” was going to make the outcome harsh for him, and that he wanted to minimize that as much as possible. At the beginning of this process he was facing the possibility of 25 years to life. From that perspective, this perhaps seems like a good “deal” – and that’s exactly what is so heartbreaking about it. Kali originally got picked up on a minor misdemeanor charge of obstruction in a routine raid like so many other Occupiers have over the months – but in his case, his “history” came to profoundly shape the consequences for him.
Formal sentencing is set for June 20th 8:55am in Hayward, Dept 513.