The U.S. District Attorney’s Office announced Wednesday federal charges against a man caught on camera attacking a San Bernardino County sheriff’s deputy, then stealing and firing his own weapon.
Ari Aki Young, 26, is charged with possession of a stolen firearm and discharging a firearm during the commission of a violent crime, among other crimes.
Young was previously acquitted of the most serious state charges of attempted murder and assault with a weapon in 2023, but was convicted of failing to discharge a firearm and sentenced to half a year in prison.
“We believe justice was not served in the process, and that is why we are bringing these federal felony charges,” said US Atty. Martin Estrada spoke at a news conference in Riverside Wednesday.
The case began on September 4, 2019, when San Bernardino County Sheriff’s Deputy Meagan McCarthy, then Meagan Forsberg, responded to a call from a mother reporting a “disturbance” with her son, Young.
Young confronted McCarthy in the driveway, “very, very angry,” deputies said in an interview with ABC-7. When she tried to restrain Young, he turned and struggled for her gun. He wrestled from her and opened fire. McCarthy took cover behind the bush. Another deputy arrived and shot Young several times but he survived.
Typically, federal charges are not filed in cases where state charges have been imposed unless there is a substantial government interest, said former federal prosecutor Neama Rahmani.
The doctrine of dual jurisdiction allows two different agencies to file charges for the same crime without violating the double jeopardy clause of the 5th Amendment, as long as the crime affects both jurisdictions.
“It’s not what we want on the state side,” Rahmani said, so prosecutors are pursuing federal charges.
According to the federal complaint, the gun stolen by Young was owned by the sheriff’s department and manufactured out of state. “(The San Bernardino Sheriff’s Department) has a large budget and enormous purchasing power, much of which affects interstate and foreign commerce,” the complaint said.
The charges include violations of the Hobbs Act, which deals with robbery or extortion affecting interstate commerce. According to Rahmani, adding a violation of the Hobbs Act to the theft of weapons is not normal and may show weakness in the government’s case.
Typically Hobbs Act cases have a stronger connection to interstate commerce, such as the use of telephones to extort money, which may be less so, he said.
“If it has nothing to do with interstate commerce, they should throw out the case,” he said. “It’s worth it.”
When asked during a news conference why the jury had previously acquitted Young in state court, Estrada said he tried “not to read the tea leaves of what the jury saw, considered or did not consider.”
“When a law enforcement officer tries to do his job and is brutally attacked by an individual,” Estrada said, “it is appropriate that there are federal charges and send a message that we will not tolerate this behavior.”
San Bernardino County Sheriff Shannon D. Dicus said during a news conference Wednesday that he was “surprised” at the verdict against Young and said violence against police officers is on the rise. “Everyone should remember that law enforcement officers may be victims,” ​​he said.
During the trial, Young’s attorney argued McCarthy was unlawfully detaining him.
Young’s attorney admitted to jurors that he discharged McCarthy’s gun but insisted he did not point it at the deputy. Young was found guilty in 2023 of accidentally discharging a firearm but acquitted of more serious charges of attempting to kill McCarthy and assaulting him with a firearm. Jurors were unable to reach a verdict on charges of assaulting a peace officer, disarming an officer and resisting arrest.
McCarthy told ABC-7 the verdict left him “in disbelief.” In response to a call from a domestic disturbance can, “I will be derelict in the task if I do not investigate,” she said. “I can only do what I can do. I am human, I tried to do my duty to help this woman, and unfortunately the suspect’s actions were dictated by others.
