Transgender child molester, 26, LAUGHS at soft justice in jail phone call with her father as even woke Los Angeles DA George Gascon admits two-year sentence at a juvenile facility was too lenient after he refused to prosecute her as an adult
- DA George Gascon admitted that child molester Hannah Tubbs, 26, should not have been prosecuted as a juvenile and should have received a harsher sentence
- Tubbs, a transgender woman, was sentenced last month to just two years in juvenile facility after pleading guilty to molesting a 10-year-old
- At the time of the offense in 2014, Tubbs, then identifying as male, was two weeks shy of her 18th birthday
- While in jail, Tubbs boasted to her father in jailhouse phone conversation that she'll be able to plead out and won't have to register as a sex offender
- She also laughed about the prospect of leaving the country 'next time' she gets in trouble
- Gascon, who is facing second recall for being soft on crime, announced on Friday changes to policies in exceptional cases such as Tubbs'
A California transgender woman who was convicted of molesting a young girl but got off with a slap-on-the-wrist sentence of just two years in a juvenile facility openly laughed at her generous plea deal and was heard mocking her victim in newly revealed jailhouse phone calls.
The 26-year-old defendant, who now goes by the name Hannah Tubbs, boasted to her father in November that she will not have to register as a sex offender, and that 'nothing' will be done to punish her for violently assaulting a 10-year-old, according to an audio recording that was obtained by Fox News Digital.
Tubbs also reportedly made crude and disparaging comments about the child she had abused, jokingly talking about her sexual attraction for the 10-year-old.
Los Angeles District Attorney George Gascon has admitted that Tubbs may have been given too lenient of a sentence, after he refused to prosecute her as an adult for the crime that she committed as a male juvenile.
Tubbs' victim, now aged 18, hit out at Gascon for his handling of the case, which she described as 'insulting.'
'The things [Tubbs] did to me and made me to that day were beyond horrible for a 10-year-old girl to have to go through,' the young woman said, referring to Tubbs as a male. 'That man was very clear minded and old enough to know what he did that day was wrong and still did it anyway.
'it's something I struggle with and it's insulting that this is all he was given as punishment. Ans I want something done about it.'
Gascon, who has been widely criticized as being soft on crime, on Friday backtracked on some of his most controversial policies, including not pursuing sentences of life in prison without the possibility of parole, and not prosecuting juveniles accused of serious offenses as adults.
Gascon's sudden change of heart comes as he faces a second recall effort organized by his critics, who contend that his woke policies are to blame for Los Angeles' rising crime rates.
In his statement announcing the policy changes, the progressive DA highlighted the case of Hannah Tubbs, who was sentenced last month to just two years in a juvenile facility after pleading guilty to sexually assaulting the 10-year-old girl at a Danny's in Palmdale, California, in 2014.
'After her sentencing in our case, I became aware of extremely troubling statements she made about her case, the resolution of it and the young girl that she harmed,' Gascon stated.
LA DA George Gascon (left) has admitted that convicted child molester Hannah Tubbs, 26 (right) should not have been prosecuted as a juvenile and should have received a harsher sentence for sexually assault a child
Gascon was reportedly unaware of the the jailhouse phone conversations between Tubbs and her father until he was contacted by Fox News about them.
During one exchange last November, Tubbs tells her dad: 'don't worry about it. ... I'm [going to] plead out to them and plead guilty. They're gong to stick me on probation. And it's gong to be dropped. It's gonna be done, done. I won't have to register nothing.'
Tubbs' father asks to clarify if she won't have to register as a sex offender, and she confirms that she will not have to do that.
'So what are they going to do to you then?' the father inquires.
'Nothing!' Tubbs replies.
She then adds with audible glee: 'if there is a next time I ever get in trouble, I'm leaving the state, I'm leaving the country. I ain't staying!'
On another call cited by Fox, Tubbs talks about her status as a transgender woman, and reminds her father to use female pronouns in court.
'So now they're going to put me with other trannies that have seen their cases like mine or with one tranny like me that has a case like mine,' Tubbs says. 'So when you come to court, make sure you address me as her.'
Tubbs was 17 years old and identifying as a male named James in 2014, when police say she cornered a 10-year-old girl in a bathroom and sexually assaulted her
Tubbs' victim took issue with her being treated as a woman in the criminal justice system, saying that it was 'unfair' because her attacker 'clearly didn't act like one' during the assault.
The defendant, known then as James Tubbs, was two weeks away from turning 18 years old when police said she walked into a women's bathroom, locked a 10-year-old girl in a stall, grabbed her by the throat, shoved her hand down the child's pants and proceeded to sexually assault her. Tubbs only stopped when someone else walked into the restroom.
Tubbs, who is a career criminal with an extensive history of offenses in multiple states, was only connected to the sexual assault after being arrested in 2019 for an unrelated crime.
Because Tubbs was 17 years old when she committed the sexual assault in 2014, Gascon's office prosecuted her as a juvenile.
After pleading guilty to the assault, Tubbs was sentenced to two years in a juvenile facility, but she would be eligible for a reduction in time, or even an early release on good behavior, after six months.
Gascon said around the time of Tubbs' sentencing that he concerned that the defendant, who is mentally disturbed, could be victimized in an adult facility as a transgender woman, and said a probation report recommended she be sentenced to home confinement.
DA GEORGE GASCON'S FULL STATEMENT ON POLICY CHANGES
DA George Gascon on Friday backtracked on policies of not pursuing sentences of life in prison without the possibility of parole, and not prosecuting juveniles accused of serious offenses as adults
'I want to address some policy changes that we are making in our office, which made the news earlier this week. I want to reaffirm my commitment to the core values I expressed when I took office. We do not believe that children should be tried as adults. We should treat kids like kids and give them every opportunity to grow and change. We also do not believe people should be sentenced to death in prison. People change and evolve – most often, for the better. For too long, our system operated without recognizing this fact, ignoring entirely the capacity people have for change. We must restore that underlying value into our justice system. While we maintain our commitment to these principles and will continue working to improve our system, there are some cases and situations that require a different response. We have made some adjustments to our policies to account for these exceptions.
Like every responsible office, we learn as we go, take feedback from the community, and make necessary adjustments based on our experiences and the complex nature of this work. That is the responsible way to govern. I have always been open to learning and growing in this work. When I started in policing 40 years ago, I believed that arresting and jailing people would bring us safety. However, after several decades of work, it was clear to me that we needed a more nuanced approach. The same is true now. While I remain committed to the core values of our policies, I have seen a small number of cases that presented real challenges. As a result, we are making minor adjustments to our policies on juveniles and LWOP to allow for exceptions in the most extraordinary of cases.
Specifically, we learned a lot from the Hannah Tubbs case about the need for a policy safety valve. Rather than the usual case where a child is arrested close in time to their crime, police arrested Ms. Tubbs at 26 for a crime she committed as a juvenile. Ms. Tubbs had several charges in other counties after the juvenile offense but never received any services which both her past behavior and that subsequent to her arrest demonstrates she clearly needs. After her sentencing in our case, I became aware of extremely troubling statements she made about her case, the resolution of it and the young girl that she harmed.
Unfortunately, our juvenile system in its current iteration does not provide adequate support to help someone at 26 with this level of challenges except through the adult system. While for most people several years of jail time is adequate, it may not be for Ms. Tubbs. If we knew about her disregard for the harm she caused we would have handled this case differently. The complex issues and facts of her particular case were unusual, and I should have treated them that way. This change in policy will allow us the space to do that moving forward.
We have now implemented policies to create a different pathway for outlier cases, while simultaneously creating protections to prevent these exceptions from becoming the rule. Any time a prosecutor wants to deviate from our core principles, they must put a request in writing. That request will then go to a committee, staffed by my most trusted advisors, who must evaluate the case and approve any requests to pursue an exception. This process ensures that only in the rarest of cases, where our system has failed, will we diverge from our principles.
We do not always get it right, as no one can, but we do believe that our fundamental beliefs are the right ones. Kids should be treated like kids. People should be given an opportunity to grow and change. Victims and survivors should be given support, and we should always provide every opportunity for all people in the criminal legal system to receive what they need to heal. We will continue to uphold these values.'
On Friday, however, LA's top prosecutor revealed that he has completely changed his stance on Tubbs' case.
'Unfortunately, our juvenile system in its current iteration does not provide adequate support to help someone at 26 with this level of challenges except through the adult system,' he said. 'While for most people several years of jail time is adequate, it may not be for Ms. Tubbs.
'If we knew about her disregard for the harm she caused we would have handled this case differently. The complex issues and facts of her particular case were unusual, and I should have treated them that way.'
In his statement announcing policy changes pertaining to juvenile offenders and defendants convicted of the most serious crimes, Gascon acknowledged that 'some cases and situations' are exceptions that require 'adjustments.'
Tubbs has a vast criminal record including arrests in multiple states. She is pictured in some of her old mugshots taken prior to her transition from a man to a woman
'We have now implemented policies to create a different pathway for outlier cases, while simultaneously creating protections to prevent these exceptions from becoming the rule,' he stated.
While in jail, Tubbs boasted to her father in a jailhouse phone conversation that she'll be able to plead out and won't have to register as a sex offender
As part of this new approach, prosecutors will be required to make written requests seeking to treat a case as an exception, which will then go to a committee of Gascon's high-level advisors for consideration.
'This process ensures that only in the rarest of cases, where our system has failed, will we diverge from our principles,' Gascon said.
Although the DA admitted that Tubbs' case should have been treated as an exception, his statement suggests that the policy changes will not be applied to the convicted child molester retroactively.
'We do not always get it right, as no one can, but we do believe that our fundamental beliefs are the right ones,' Gascon added.
In December 2014, police said the suspect in the Danny's assault was a panhandler with the nickname 'Shrink' who frequented a nearby Chevron gas station early mornings.
The perpetrator was described as an 18- to 20-year-old man, standing about 5 feet 8 inches tall, weighing about 150 pounds, ABC reported at the time.
The man walked with a noticeable limp and was 'holding his hands down in an odd fashion,' according to a county sheriff's sergeant.
After a five-year absence, Tubbs was arrested in Idaho in 2019 on suspicion of battery. Tubbs was convicted of assault with a deadly weapon for a stabbing and served time in a state prison when she were linked to the 2014 molestation.
DNA entered into a database that matched Tubbs with the sexual assault at Denny's, and the accused was brought back to California - by which point there were arrests, for battery, drug possession and probation violations in several states.
Tubbs was eventually brought to LA in November 2021 and quickly confessed to the sexual crime. By this point, Tubbs had transitioned and was known as Hannah.
But Gascon refused to press for jail time in an adult facility, as the crime was committed while Tubbs was a minor, as is the DA's standard office policy.
LA County Deputy District Attorney Jon Hatami, a prosecutor and supporter of the movement to recall Gascon, said Tubbs was too dangerous to be in the juvenile system.
'This was done with limited guidance and no concerns for public safety,' Hatami said speaking of California's system to handle violent juveniles.
'This clearly shows you the dangerous aspect of the blanket policies of George Gascon,' he said.
'Under George Gascon's 'reforms,' a 26-year-old admitted child molester is being housed with juveniles,' Hatami said. 'She may be released early, back into the community, with no sex registration. Only innocent victims and the public suffer because of George Gascón's so-called 'progress.'
'This is not somebody who should appear in the juvenile system.'
Another LA County Deputy District Attorney, John McKinney, also strongly disagreed with Gascon's decision.
'The DA is trying to distance himself from this result and lay blame on the judge when in fact, it's only happened because of his policy against transferring juvenile cases to adult court,' said McKinney.
'Two years is a pathetic outcome for man who is a career criminal with felony convictions in multiple states and who committed forcible sexual assault on a 10-year-old girl in a Denny's bathroom.
'What is happening is our district attorney is ushering him right out the door, back onto the streets of this county and God knows where else he might roam.
'It's madness, it makes a mockery of our criminal justice system.'
Gascon was elected to the DA's office in November 2020 campaigning on a reform agenda when he successfully unseated incumbent DA Jackie Lacey.
But last spring, victims rights advocates joined Sheriff Alex Villanueva in launching a bid to recall the against newly-elected DA.
The protests did not end Gascon's recall but protestors' anger has not been subdued. Last month LA residents were granted permission to launch a second bid to recall the DA, and the push to oust Gascon has already drawn $1.8million in donations.
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