The son of former Housewives of Orange County star Lauri Peterson is not giving up the fight to prove he was allegedly targeted by Orange County Sheriff’s— and now he could get the videotapes to prove it, RadarOnline.com has learned exclusively!
Josh Waring, 29, has spent the last two years in Orange County jail fighting attempted murder charges for a June 20, 2016 shooting that seriously injured one man, Daniel Lopez, who was standing outside a sober living home in Costa Mesa.
Waring has pleaded not guilty to the charges and claims Orange County Sheriff’s authorities have unfairly targeted him from the beginning of the investigation, including firing pepper bullets into his cell. He has filed a motion to dismiss the case.
Waring’s attorney, Joel Garson, asked the court to order the County of Orange and the Sheriff’s Department to release at least 10 hours of video footage taken inside the county jail from June 24 to June 28, 2018, the dates when Waring claims he was targeted by a deputy, who allegedly fired pepper bullets into his cell.
Peterson, who spoke to RadarOnline exclusively, said her son became “violently ill and almost choked to death” because of the pepper bullets, which released mace into his cell.
An attorney for the county asked the judge to quash Garson’s subpoena because she said it was not relevant to Waring’s motion to dismiss his attempted murder case.
In a bombshell legal move, on Aug. 2, 2018 the judge denied the county’s motion to prevent the release of the footage, which means Garson and his legal team will be able to view the video from the jail.
According to a proposed protective order obtained exclusively by Radar, the county will release jail footage taken from June 24 to June 25, 2018 that shows only a specific section of the jail.
Under the proposed order, the video cannot be reproduced or given to Waring or another third party. The video also will be under seal, according to the proposed order.
“No part of the Responsive Records (video footage) disclosed pursuant to this Protective Order shall be given to the Defendant,” the affidavit said obtained by Radar stated.
“The attorney of record for Defendant and counsel’s staff shall be permitted to discuss the Responsive Records with their client; however, none of the actual Responsive Records shall be provided to Defendant,” the court documents said.
Waring and lawyers representing the County of Orange and the Orange County Sheriff’s Department were scheduled to appear in court on August 13 to discuss the proposed order concerning the video footage. At the hearing in July, Prosecutor John Maxwell objected to the release of the videos, but declined to comment about the pepper bullet shooting incident.
Peterson, who has maintained her son was not the shooter in the attempted murder case, told Radar that she was pleased with the judge’s decision to release the jail footage.
“Josh has reported the pepper pellet incident, and the only way to get to the bottom of it would be to view the video surveillance,” Peterson said. “Josh clarified to me that the pellets did not hit his body, but the pellets were shot directly into his cell door, which released pepper spray into his cell while he was asleep. Josh had filed a grievance in regards to his case with that particular deputy earlier, and it was clearly a direct retaliation. Hopefully this footage will help Josh get this resolved.”
In court documents, Garson alleged the true shooter in the June 20, 2016 incident was Waring’s former friend, Brian Goldstein, who allegedly fired the shots from a blue car. Garson said Waring was in a white vehicle when he returned to the Costa Mesa home.
Witness Ronnie Dufault, however, told police he saw Waring fire the shots. Waring has maintained he did not fire the gun.
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