Judge Dismisses ‘Coachella’ Underage Drinking Cases

INDIO -Over the objection of prosecutors, a Superior Court commissioner today dismissed nearly six dozen underage drinking cases involving Coachella Music and Arts Festival attendees.

Commissioner Hugh Bobys denied a motion by the District Attorney’s Office to overturn the dismissal agreements that defense attorneys and the Van Nuys-based commissioner reached on July 13.

He upheld the agreement, which stipulated that charges would be dismissed against defendants who had no criminal records, paid $500 in fines and stayed out of trouble for six months.

The commissioner said the punishment of losing a driver’s license for a year was too stiff for the defendants, most of whom were college students or young people looking for jobs.

“So many of these people are first offenders and young people with a lot of promise,” Bobys said.

The defendants were targeted in a sting operation that the California Department of Alcoholic Beverage Control conducted during the Coachella Music and Arts Festival. The ABC sting focused on underage drinkers in possession of alcohol or fake identification.

The April 17-19 festival, which drew people from all over the world to see Paul McCartney and dozens of other performers, required attendees to present a valid ID to get a wrist band that allowed them to purchase alcohol.

Most of the defendants did not obtain a beer, but were caught when they presented a fake ID.

Bobys said he realized that underage drinking is “a violation of the law. That law makes sense. It’s there for a good reason. (But) sometimes the penalty is a little in excess for what is warranted for the situation.”

The commissioner said he was “shocked” that all but two of the defendants followed the agreement.

“That is not the case usually,” Bobys said. “These are not career criminals … These are not antisocial people or criminals. These are basically young people on a hot spring day who were trying to enjoy a concert and indulged in some unlawful behavior.”

Deputy District Attorney Karen Salas objected to the agreement, which the commissioner initially called an “informal diversion,” arguing that type of deal can only be made with the approval of the D.A.’s Office.

Riverside County does not have a diversion program for misdemeanors, Salas said, adding that the prosecution was willing to allow the defendants to plea to the charges filed against them.

“We want to do the right thing. We just want to get there legally,” Salas said.