Monterey County District Attorney Jeannine M. Pacioni announced today that no charges will be filed arising from a physical altercation recorded on video between Craig Rose and Richard Rerig in Carmel-by-the-Sea on August 28, 2023. The case was rejected both for insufficiency of the evidence and lack of proof beyond a reasonable doubt that a crime occurred.
Reasoning for declining to file in the interests of justice: The District Attorney’s Office does not file charges whenever “the slightest touching if done in a rude or angry way,’ the legal definition of a criminal battery, occurs. The conduct must be sufficiently serious and harmful to warrant the intervention of the state and the criminal justice system. First-time minor scuffles, even if physical in nature, do not usually warrant that level of intervention. We would not file this case if it concerned two patrons outside a bar and we will not file it here. The status of the parties does not render criminal what is not.
Reasons for declining to file for lack of proof beyond a reasonable doubt: The defense of self-defense exists when a defendant reasonably believes in the need to use reasonable force, even if it turns out force was not, in fact, needed. The prosecution must prove beyond a reasonable doubt that a defendant did not act in self-defense, did not have a belief that was reasonable, or did not use reasonable force. A defendant also has the right to use reasonable force to recover one’s property, if taken unlawfully. We reviewed a longer version of the video than the one shown by the media. Unfortunately, the video in part relies on reflections from a store window because the camera was not pointed at the parties during key moments. This was a minor scuffle that escalated incrementally, resulting in Rose taking property from the person of Rerig, and Rerig reacting by taking a swing at Rose with his right hand. Because of these available defenses, there was not proof beyond a reasonable doubt that either party committed a crime.
