There is growing anger from the family of a security guard who was killed while trying to stop shoplifters at a Pleasanton Home Depot.
It’s been five months since Blake Mohs was shot and killed during a confrontation with a shoplifter. The man and woman accused of killing him pleaded not guilty Wednesday.
Benicia Knapps, the alleged shooter, is facing several charges, including murder and special enhancements for use of a firearm and being armed with a deadly weapon.
But Blake’s mom, Lori Mohs, says there's another enhancement charge missing.
“Death and discharge of a gun is an enhancement, and it's 25 to life,” she said. "If we were to get the proper enhancement, it would mean a total of two consecutive terms, 25 to life. She wouldn’t be leaving custody."
Blake's parents are part of the recall campaign against Alameda County District Attorney Pamela Price, largely because they don't feel the DA is doing enough to advocate for victims.
The family and several others have accused Price, who campaigned on a platform of criminal justice reform, of creating charging policies that benefit suspects over victims.
Price did not respond to NBC Bay Area’s request for comment on Wednesday's case but has been clear on her enhancement policy in past statements.
“Our office has adopted a policy to not charge enhancements that add extra time onto the serious crimes that already come with heavy prison sentences unless there are extraordinary circumstances,” she said.
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“They should be charging what the law says they should charge. The enhancements are there for a reason,” said Eric Mohs, the victim’s father.
David Guillory, the suspected getaway driver in Mohs’ killing, is currently facing accessory charges. But Knapps' attorney argues she wasn’t the one who fired the gun.
“No, we are not denying any involvement. But at this time, we are denying involvement that would make her couplable of murder. Some witnesses have said that a driver, I’m not going to name the driver at this time, but clearly my client wasn’t the driver, shot the victim,” said David Bryden, Knapps' defense attorney.
Both Knapps and Guilory waved their right to a speedy trial. Mohs’ parents are urging any witnesses, including Home Depot employees, to come forward.