SAN FERNANDO (CBSLA) — A judge Thursday turned down a legal challenge to a misdemeanor case filed against Los Angeles County District Attorney Jackie Lacey’s husband.

Cell phone video of a man believed to be David Lacey, husband of Los Angeles County District Attorney Jackie Lacey, pointing a gun at protesters outside the couple’s home in Granada Hills on March 2, 2020. (Credit: Black Lives Matter)

David Allan Lacey was charged Aug. 3 with three misdemeanor counts of assault with a firearm for pointing a gun out his door while ordering a group of protesters to leave his Granada Hills property in the early morning hours of March 2.

Superior Court Judge Patricia A. Hunter rejected defense attorney Samuel E. Tyre’s assertion that the California Attorney General’s Office should have transferred the case to the Los Angeles City Attorney’s Office for consideration of misdemeanor charges after it declined to file felony charges.

“The California Attorney General does not have the legal authority to file misdemeanor charges in this case, and therefore this prosecution by him is barred. As such, the demurrer must be sustained, and the charges dismissed,” Tyre wrote in an Aug. 11 filing.

“We disagree entirely with their assessment, but we have the utmost faith in the justice system, and we are confident that the correct result will be reached,” Tyre said in the Aug. 4 statement. “At this time, we are not going to comment on the facts of the case except to say that my client’s human instinct is forever and always to protect his wife and his family and to keep them safe from physical harm. We look forward to all relevant facts coming to light.”

Jackie Lacey is facing a runoff election in November against former San Francisco District Attorney George Gascon. She is seeking her third term as the county’s top prosecutor.

“The events that took place earlier this year have caused my family immense pain,” she said in a statement released by her election campaign last month. “My husband acted in fear for my safety after we were subjected to months of harassment that included a death threat no less than a week earlier. Protesters arrived at my house shortly after 5 a.m. while I was upstairs. My husband felt that we were in danger and acted out of genuine concern for our well being.”

(© Copyright 2020 CBS Broadcasting Inc. All Rights Reserved. City News Service contributed to this report.)

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