It may be the first case of its kind in Kern County, one that could have a direct impact on efforts by law enforcement to confront owners of firearms who have exhibited warning signs and are thought to be at risk of dangerous use of those firearms.

On Friday afternoon, Kern County Superior Court Judge Stephen D. Schuett heard hours of evidence in support of a petition to impose an emergency gun violence restraining order on local political activist and cannabis advocate David Abbasi.

The petition, requested by the Bakersfield Police Department and the Kern County Sheriff’s Office — through two of their officers — would prohibit Abbasi for one year from possessing or purchasing any firearms or ammunition, including an AR-15 assault-style rifle, a 12-gauge shotgun, three semi-automatic handguns, and hundreds of rounds of ammo already owned by the 41-year-old.

In a declaration filed in support of the petition, and obtained by The Californian, one of the petitioners, Kern County Sheriff's Chief Deputy Damian Nord, said it is his opinion and the opinion of others in the sheriff’s office, that "David Abbasi is emotionally unstable and poses a threat to himself or others, and that threat is magnified if he is in possession of firearms and deadly weapons."

Abbasi was arrested on gun charges earlier this year after a large pit bulldog attacked and killed his miniature pinscher on April 28 while Abbasi was out walking his dog. Abbasi pulled a loaded handgun and pointed it at a 15-year-old who had struck him in the head while Abbasi was trying to control the attacking dog.

Abbasi told The Californian on Friday that his beloved pet had just been killed before his eyes, that he was afraid the dog would turn on him, when the teen began striking him.

"I thought my life was in danger," he said. "That's why I drew my firearm in self-defense.

"But there was no discharge of the firearm," he emphasized.

He described the teen as 6 feet 2 inches and 180 pounds. "He's not a little kid," he said.

However, Abbasi does not have a permit to carry a concealed firearm. And the incident began a long string of phone calls and emails from Abbasi complaining to police about how the case was being handled and aiming accusations of corruption toward the BPD, the Kern County District Attorney‘s Office, City Hall and others agencies and officials.

Meanwhile, a warrant for Abbasi's arrest and a search warrant for his home and vehicle were obtained. On May 10, Abbasi showed up at BPD headquarters to deliver more evidence. He was arrested and officers found what has been described as an arsenal of guns and ammunition in the trunk of his BMW.

It included his AR-15 with high-capacity magazines, a 9 mm handgun, and dozens of rounds of ammunition.

"Have you ever encountered an individual parked in front of the police department having this kind of firepower ... in the trunk of their car," attorney H.A. Sala asked BPD Sgt. Ted King, one of the witnesses who testified Friday.

"No. Never," King said.

Sala is representing the BPD in the hearing, which on Friday was in its third day.

King, who has a master's degree in homeland security and emergency management, and works as an anti-terrorism liaison with local, state and national law enforcement agencies, was a powerful witness for Sala.

Meanwhile, Abbasi, who is representing himself in court, seemed out of his depth as Judge Schuett sustained most of Sala's objections to his questions.

When Abbasi asked King whether the decision to confiscate his weapons was influenced by powerful officials outside the department, King answered in the negative.

"We did not reach out to anyone else for authorization," he said. "It's not for anyone else to authorize."

Sala also asked King if he was concerned about the way Abbasi has been behaving, and King said he is.

Sala referred to an April 30 meeting of the Kern County Board of Supervisors where Abbasi spoke emotionally.

According to court records, Abbasi quoted the Samuel L. Jackson character in the movie, "Pulp Fiction" at the meeting.

“I will strike down upon thee with great vengeance and furious anger those who attempt to poison and destroy my brothers," Abbasi said to supervisors. "And you will know my name is the Lord when I lay my vengeance upon thee."

King said the behavior is consistent with the sorts of pre-incident behavior that is a red flag for officers like him who focus on preventing violence before it happens.

As Abbasi finished that statement, the activist "angrily pointed at the the supervisors in a threatening manner," Nord said in his declaration.

Nord also noted in his declaration that in early May, Abbasi's attorney sent an email to the FBI saying he was concerned for Abbasi’s well-being. A copy of the email was made available to the court.

During several contacts between law enforcement and Abbasi, Nord said Abbasi complained of increasing anxiety, frustration and justification of his own criminal actions. In preceding weeks, Abbasi responded to the Kern County Sheriff's Office to file personnel and other types of complaints.

"I believe he is growing increasingly agitated, frustrated, and is adamant that his complaints be handled in a manner that suits him," Nord said.

The hearing will continue next week, with Abbasi calling his witnesses.

Despite his behavior and his powerful collection of firearms, Abbasi says he has never been a violent person. His advocacy of medical marijuana has made him enemies in high places, he said. And his recent support for a measure on the ballot that would impose term limits on county supervisors has done the same.

"This is political retaliation," he said. "That's what it boils down to."

Steven Mayer can be reached at 661-395-7353. Follow him on Facebook and on Twitter: @semayerTBC.

(41) comments

KenWitham

Isn't Sala representing Leticia Perez? Isn't much of that case based on Abbasi's testimony of payment to Perez's husband? How was Sala allowed to represent the BPD against Abbasi in what appears to be conflict of interest? I am not following why this is being allowed.

The Jackal

Abbasi raised the issue with Judge Schuett but they didn't see any problem with it.

PhilBot

So they took his guns and ammo.... then sent him home. Is he suddenly not acting crazy? Are all his frustration, anger, and mental issues solved? Is he incapable of finding another firearm if he wants? Even if he doesn't get a firearm, did they take the keys to his car? Can he rent a white truck and fill it with fertilizer? Even easier, a can of gasoline.

Taking some guns and walking away from a person with sufficient mental/emotional problems to justify the concern is, well, crazy.

Fram Smith

Thank you Iron_ Butterfly for your insights into the man in question. What he has said on local talk radio and at open public meetings , is pure crazy talk. But giving political people money and believing what they tell you ; well that is truly insane. The man has helped to ruin the opportunity for legal recreation and medical cannabis sales in Kern County.We need to create a fair and equitable system for this new legal business that allows all who follow the rules a chance for legal employment. This reasonable proposition has no chance with this guy being the public face for legal cannabis in Kern County.

THANKS AGAIN !

The Jackal

That guy used to run Green Cross he's the one who overturned Measure G which was a monopoly. He's the one at the board meetings talking about fair and Equitable regulations. I used to go to that dispensary and I remember he helped a lot of people sick people and show them compassion and ran a very professional outfit that supervisors and council members even visited. Yeah I remember. He was telling me.

The Jackal

Pure crazy talk that led to the indictment of one of the Supervisors already. 😆

Sheebe

Some don't make threats. They just act out with no warning. Our law enforcement has that right to protect the citizens. A person that says nothing is the ones that are dangerous. He must have given them reason for this concern.

Iron_butterfly

I've known Abassi over a decade. The BPD and the Sheriff have made the right decision. The the bottom line is Abassi has lost everything..his business, his money, his dog basically everything he loves. He has nothing to lose. His behavior was not mentioned in this article. He is out of control. Over the last 3 years his mental state has declined. Hes paranoid and not thinking clearly. Many people avoid the BOS meetings and City council meeting when they know he will be there. He is absolutely a danger to others. There have been many discussions regarding his mental state throughout the cannabis industry. His calls and meeting on his cannabis initiative are ignored for good reason. Hes crazy.

Leticia Perez, her husband Fernando Jara, and Willy Rivera spun him out of control. They used him and lied to him...hes angry and has directed his anger at the wrong individuals based on their promises and lies. I feel sorry for him...he was misled. Perez has a huge amount of influence on him. She took his money and many others in the industry.

The Jackal

I want to say you're Jeff Flores or somebody else who works for the male supervisors.

BakoMark

Just a few brave souls post under real names. The real mvp’s.

ISpy

Usher in the age of Minority Report...score another one for the sci-fi prophets.

Comment deleted.
The Jackal

That's the kind of false testimony that Kern County DA Ed Jagels and law enforcement used on innocent people they put in jail for child abuse/molestation charges. 34 cases were overturned on appeal. Hard nose you are a defaming a good man.

GetReal2

The big question remains whether this alleged perp had Candy Crush or other video games loaded on his computers.

Pancho3

These "red flag" laws open up a big, fat can of worms. To me, they stifle the speech of people that have a legitimate gripe against a person, or group of people. That would be a freedom of speech issue. It will also stifle those that could possibly mean to do harm against a person, or group of people. Remember the "if you hear something, say skmething" we have been told. With "red flag", you will no longer hear anything....until it's too late. I don't have THE answer, but I think confiscation of weapons from those that someone thinks could, maybe, possibly be a threat opens a great big, fat can of worms.

The Jackal

Abbasi never communicated any threats. They have no valid or legal reason to take his firearms away.

mrdwm1

Kudos to the Sheriff's Dept for staying on top of this individual. An AR15 with extended mags, armor-piercing ammo and an established history of not handling disappointment well is exactly the motivation behind Ca's "Red Flag" law.

The Deputies involved had prior knowledge of this man's unstable and irrational behavior, now complicated by his illegally carrying and threatening with, a gun that he was not licensed to carry.

What are they supposed to do, wait until he pulls out all this stuff and shoots up the police station or wherever else his twisted mind tells him is appropriate?

The Jackal

Last I checked this is America and we have the right to bear arms. And just because somebody has firearms or is a hobby shooter doesn't mean they're violent person. Just because they complained to the police about not handling their complaint properly when that person was a victim doesn't mean they're dangerous. Just because a man defending himself after being brutally assaulted doesn't make him dangerous.



David Abbasi is well known in the community and has helped many people over many years now and the people know that he is the victim of corruption He's been a vocal Advocate and political activist here in Kern County and most recently now for term limits on the Board of Supervisors. This is a violation of the first and second amendment rights we are all given.

The Jackal

Why would he shoot up the police station? You sound really dumb. He complained about not being treated as a victim. Filed Personnel complaints. If he was going to shoot you as in cop because you're a cop hiding behind that profile he would have done it already.

Vico17

After a bit of thinking, it's a win-win for us citizens. On the one hand we have the upstart drug pusher exposing the 'pay-to-play' corrupt officials. On the other hand said dirty officials are making life difficult and handicapping the drug pusher for not paying as much as the truly powerful around here. When they go after each other, the underbelly of Kern is exposed for us to see. It's like a cartel turf war. One will take out the other. One snake will eat the other and the fat snake will be more visible to us. IMO.

ZuluFoxtrot1

I thought Bakersfield was a more Republican run city? Guess not, Its run by a bunch of Democrat garbage! Have u guys read the 2nd Amendment that was written by our founding fathers? I guess corrupt trash think their voice is the law. U guys are playing with fire.

Copper

Our forefathers didn’t have assault rifles that could massacre Hundreds of people in a few seconds .

Vico17

Our forefathers didn't have smartphones either. Everyone knows freedom of speech 1A only applies to quill and paper. What dumb logic.

Gene Pool Chlorinator

Exactly which "Assault Rifles" are you referring to that can massacre hundreds of people within seconds? A GAU-8 30 MM Avenger gun system could do it easily, but at over 600 pounds (without ammunition), it's not exactly portable...

Fram Smith

There are two issues that need to be addressed.



First , there are some reoccurring themes that are disturbing in regard to irresponsible dog ownership. With the exception of Bakersfield , I know of no community where a defenseless homeless women is mauled to death by someones pit bulls that " got loose " . Remember early morning jogger ; no criminal charges were filed. Have charges been filed against the 15 year old 6 foot 2 inch young man for not controlling his dog or his admitted attack on Abbasi ? Did Abbasi file assault charges and is he perusing civil litigation? We have an irresponsible dog ownership problem that will only be solved by somone who is willing to engage in some strong civil legal action. It is the only way to hold those responsible for the actions of their animals ; people respect you when you sue them ; and win. In addition , ask the family of the homeless lady about the last few minutes of her life ; and if they feel that justice has been served. Clearly , all of this is the result of lack of control of an animal that a reasonable person would view as a threat. In fact , if Mr. Abbasi had been CCW permitted , the pit bull and teenager might have had a different fate.



Which brings up the second unavoidable fact. David Abbasi would most likely be unable to pass the criminal background check and could not be bothered to take the training , to become a permitted CCW holder. That is against the law. Now the question that Abbasi has going for him , if he can find documents to support it , is selective enforcement of the concealed carry laws. But everything that law enforcement did was legal.



Finally , anyone who knows anything about Abbasi's past statements could easily conclude that he is not an honest broker ; sadly , there seems to be a lot of that going around these days. The is a legitimate argument to be made that he has poisoned the well on legal cannabis sales in Kern County. Like someone who can loose a billion dollars in 10 years ; we would all be better off if he would just go away.


The Jackal

Last I checked David Abbasi was the one who exposed corruption. He's the most honest voice and Kern County.

The Jackal

We would all be better off if Kern County politicians warrants so corrupt and fake. Working behind the scenes in the city with Phil 40 felonies ganong on a few conditional-use permits on a case-by-case basis or supervisor Mike Maggard trying to create a monopoly as he said on the radio he was on the radio saying the band was just an excuse to wipe the Slate clean and create a monopoly for his group. Much like garbage collection and ambulances he said this on the radio. Don't take my word for it. How about Kern County stop being so unethical and Criminal? Boy I hope the FBI and David Abbasi clean house and wipe the supervisors away with term limits.

Jack

Permits are determined and approved by the little punk man syndrome Donny Youngblood. Not a fair or proper process. If I was armed I would of shot the dog and faced the jury. They are using current political climate for the grab. Donny’s m.o. but Lyle should be better than that.

Jack

Permits to carry are determined and approved by the little punk man syndrome Donny. The system is not fair at all. I would of shot the dog being armed and faced the jury. They are using political climate to justify the grab.

Copper

Congratulations to the judge and law enforcement, we need more of this type of action to take place. This would have saved many lives in El Paso if the police would have acted. Has this young man been evaluated by a Psychiatrist? It sounds like he’s becoming mentally unstable and falling into schizophrenia .

The Jackal

The mentally unstable people on the Board of Supervisors are putting this good man through the ringer. David Abbasi is a local hero people know he is not a danger. This was political retaliation.

Nevermind

Sounds like he's not smoking enough pot, or he's taking too much acid.

ajweberman

This is unconstitutional. He has a right to protect his beloved dog from an overgrown

The Jackal

Conservative talk show host Jaz McKay threatened to unload a 30 round magazine on people. He actually vocalized a gun threat but law enforcement didn't take his guns away. This is clearly political retaliation by some corrupt officials.

Airdog44

A bit concerned about this one. Any time govt. takes guns away from legal owners it concerns me. Interesting also who is representing Law Enforcement in this. Kind of an oxymoron huh?

The Jackal

Criminal Defense Attorney, HA Sala, is representing the Bakersfield Police Dept. in this case and it is ironic in that the Police Dept. are the criminals here.

Lilyrose

I believe there should be no guns. None. However, it's strange that p.d. removed from "political activist" and loud mouth. While the silent weapon owners who deal around in fentanyl etc...quietly continue business. P D. Has knowledge of who are the major drug dealers but ....ignore



Again , I find gun owners cowardly and frankly idiots. However this time.... Bakersfield police you did a personal hit job....

Just my opinion.

Phu Cue

I have a permit. It's called the 2nd amendment to the Constitution! To require license or permits for firearms(even background checks) is in direct violation of the Constitution! Which by the way is THE SUPREME LAW OF THE LAND.


Nevermind

Really, which part of "well regulated" dont you get?

Lamonster

The part where some apparently think that "well regulated" refers to the armed citizen rather than to the militia to which that citizen may be called upon to participate. Most people understand that the armed forces of any nation must be well trained, well armed and well regulated in order to be effective. The individual citizen, however, must be free from being "well regulated" if he is to be free at all.

Quick

Cool story, but not true. Read the Heller decision. Scalia makes it abundantly clear in that decision that the 2nd amendment is not absolute.

BanditIvy

He may very well be a nut case but I see nothing wrong trying to protect his dog or getting a punk azz kid off him using whatever means are necessary. That said, his more current actions kinda scare me.

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