Orange County District Attorney Press Release
For Immediate Release, Case # 14NF1794: April 21, 2014
MAN CHARGED WITH HUMAN TRAFFICKING AND PIMPING “MINOR” HE CONTACTED ON FACEBOOK
*“Minor” was an undercover police officer
FULLERTON – A man faces charges of human trafficking and pimping a minor who was actually an undercover police officer on Facebook. Dwight Lamith Garris, 34, Palmdale, is charged with one felony count each of human trafficking of a minor, pandering, and pimping of a minor. If convicted, Garris faces a maximum sentence of 12 years in state prison. Garris is being held on $50,000 and must prove the money is from a legal and legitimate source before posting bond. He was charged and arraigned on Friday, April 18, 2014, and is scheduled for a pre-trial hearing April 28, 2014, at 8:30 a.m. in Department N-12, North Justice Center, Fullerton.
Circumstances of the Case
Garris is accused of being a pimp/modern-day slave owner who exploits women and/or children for financial gain.
Between April 8, 2014, and April 16, 2014, Garris is accused of befriending an undercover officer on Facebook, whom he believed to be a 17-year-old girl. The defendant is accused of attempting to recruit her to work for him as a prostitute and instructing her to recruit other sex workers for Garris.
On April 16, 2014, Anaheim Police Department (APD) investigators traveled to Los Angeles County and arrested Garris.
The case was investigated by APD. Deputy District Attorney Daniel Varon of the HEAT Unit is prosecuting this case.
Proposition 35 and HEAT
In November 2012, California’s anti-human trafficking Proposition 35 (Prop 35) was enacted in California with 81 percent of the vote, and over 82 percent of the vote in Orange County, to increase the penalty for human trafficking, particularly in cases involving the trafficking of a minor by force.
The Orange County District Attorney’s Human Exploitation And Trafficking (HEAT) Unit targets perpetrators who sexually exploit and traffic women and underage girls for financial gain, including pimps, panderers, and human traffickers. The HEAT Unit uses a tactical plan called PERP: Prosecution, to bring justice for victims of human trafficking and hold perpetrators responsible using Prop 35; Education, to provide law enforcement training to properly handle human trafficking and pandering cases; Resources from public-private partnerships to raise public awareness about human trafficking and provide assistance to the victims; and Publicity, to inform the public and send a message to human traffickers that this crime cannot be perpetrated without suffering severe consequences.
Under the law, human trafficking is described as depriving or violating the personal liberty of another person with the intent to effect a violation of pimping or pandering. Pimping is described as knowingly deriving financial support in whole or in part from the proceeds of prostitution. Pandering is the act of persuading or procuring an individual to become a prostitute, or procuring and/or arranging for a person work in a house of prostitution.
Penal Code Section 236.1 defines:
(1) “Coercion” includes any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; the abuse or threatened abuse of the legal process; debt bondage; or providing and facilitating the possession of any controlled substance to a person with the intent to impair the person’s judgment.
(2) “Commercial sex act” means sexual conduct on account of which anything of value is given or received by any person.
(3) “Deprivation or violation of the personal liberty of another” includes substantial and sustained restriction of another’s liberty accomplished through force, fear, fraud, deceit, coercion, violence, duress, menace, or threat of unlawful injury to the victim or to another person, under circumstances where the person receiving or apprehending the threat reasonably believes that it is likely that the person making the threat would carry it out.
(4) “Duress” includes a direct or implied threat of force, violence, danger, hardship, or retribution sufficient to cause a reasonable person to acquiesce in or perform an act which he or she would otherwise not have submitted to or performed; a direct or implied threat to destroy, conceal, remove, confiscate, or possess any actual or purported passport or immigration document of the victim; or knowingly destroying, concealing, removing, confiscating, or possessing any actual or purported passport or immigration document of the victim.
(5) “Forced labor or services” means labor or services that are performed or provided by a person and are obtained or maintained through force, fraud, duress, or coercion, or equivalent conduct that would reasonably overbear the will of the person.
(6) “Great bodily injury” means a significant or substantial physical injury.
(7) “Minor” means a person less than 18 years of age.
(8) “Serious harm” includes any harm, whether physical or nonphysical, including psychological, financial, or reputational harm, that is sufficiently serious, under all the surrounding circumstances, to compel a reasonable person of the same background and in the same circumstances to perform or to continue performing labor, services, or commercial sexual acts in order to avoid incurring that harm.
(i) The total circumstances, including the age of the victim, the relationship between the victim and the trafficker or agents of the trafficker, and any handicap or disability of the victim, shall be factors to consider in determining the presence of “deprivation or violation of the personal liberty of another,” “duress,” and “coercion” as described in this section.
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Tony Rackauckas, District Attorney
401 Civic Center Drive West
Santa Ana, CA 92701
Contacts:
Susan Kang Schroeder
Chief of Staff
Office: 714-347-8408
Cell: 714-292-2718
Farrah Emami
Spokesperson
Office: 714-347-8405
Cell: 714-323-4486
