The hillside fire in Eagle Rock and Glendale on August 25, 2019 was set when a firework was thrown into the homeless encampment under the 2 Freeway | Photo by Jennifer Hase

No trial or possible jail for accused in attack on homeless in 2019 that set fire to the hills above Eagle Rock; judge approves mental health treatment instead

2022 Crime Editions March More News

By T.A. Hendrickson

Daniel Nogueira, 28, who threw a lit firework into the homeless encampment under the 2 Freeway in Eagle Rock in 2019, injuring two and setting the hills afire, will be placed in a mental-health treatment program rather than face trial and possible jail, the judge in the case said today.

Judge Kerry White, of Los Angeles County Superior Court, approved mental health treatment against the judgement of prosecutors with the L.A. County DA. “Our office believes the defendant poses an unreasonable risk of danger to public safety,” said Greg Risling, a spokesperson for the D.A. in an email response to questions from the Boulevard Sentinel.

Nogueira, the son of Eagle Rock Chamber of Commerce President Michael Nogueira, has been free on a $1 million bond since his arrest in August 2019. It was not until April 2021 that charges were filed against Daniel Nogueira; the charges were arson, using an explosive device to injure/destroy and two counts of assault with a deadly weapon against two occupants of the encampment, according to the criminal complaint filed by prosecutors. Nogueira pleaded not guilty.  The Sentinel reached out to Michael Nogueira for comment but had not heard back as of this posting.

In arguing for mental health treatment, Nogueira’s superstar defense lawyer, Alan Jackson, argued that Nogueira has attention deficit hyperactivity disorder (ADHD) which makes it difficult for him to control his impulses, according to the L.A. Times. Jackson said that Nogueira had used “extremely bad judgment” when he threw the firework into the encampment, but that he was engaged in “horseplay” and didn’t intend to hurt anyone, according to the Times.

The judge told Nogueira he was lucky that a 2018 law allows judges to approve mental health treatment in cases where they believe that mental illness contributed significantly to the crime, according to the Times.

DA spokesperson Risling told the Sentinel that the terms of the Nogueira’s diversion into mental health treatment are yet to be worked out. Generally, diversion into a mental health program before trial allows the defendant to avoid jail time as long as they complete treatment, at which time the court would dismiss and seal the case. 

T.A. Hendrickson
T.A. Hendrickson, a native of Eagle Rock, is the editor of the Boulevard Sentinel and a former member of the Editorial Board of the New York Times.
https://boulevardsentinel.com

30 thoughts on “No trial or possible jail for accused in attack on homeless in 2019 that set fire to the hills above Eagle Rock; judge approves mental health treatment instead

    1. Some questions left out. How long has he have ADHD? Was he on his meds? Who was driving? Did tax payers foot the bill on medical n fire dept of ppl injured ?
      We all know who did the fire. Wasn’t others also involved? Did u know that a council men held this over his dad’s head just about saying vote for me or I will take away concerts in park n possible make it very hard on your son? Honestly I think he should do some time. With mental help. N a long probation period. No drivers lisc.
      N it’s true money does buy u no jail time

      1. Can you substantiate this? I’m not surprised that the father pulled strings and bought his son’s light sentence, but we would like to know more about this corruption.
        Thanks

          1. Amy –>This–> “Did u know that a council men held this over his dad’s head just about saying vote for me or I will take away concerts in park n possible make it very hard on your son?”
            Can you provide more details on this?

      2. @ Amy, you said “a council men held this over his dad’s head just about saying vote for me or I will take away concerts in park n possible make it very hard on your son?” Are you saying for the sake of one vote, a councilmember (do you mean KDL?) would have been willing to interfere with a legal proceeding, and used the threat of taking away Concerts in the Park? Neither part of that sounds plausible.

        1. Ok answer this.
          The man that sells drugs rite across from 711. Yes he is homeless. Issue is he is selling drugs right there. He has been filmed saying that E.R. city hall told him 2 stay there. To bother the neighbor’s. Bc the neighbor’s want him gone. Caught on video cams late at nite going up 2 ppls cars looking inside with flash lite. Also filmed coming out of city hall while some1 is giving him new shoes. B4 u say they hand out stuff 2 all the ppl seems the cameras only pick this 1 person up. All this was brought 2 attention of cops n city hall. Only now did he move 6ft away from one business door 2 the other. Children live n go 2 school very close by. 711 also has all this fun on camera’s. City Hall has been very sneaky for many many yrs. If u think any council men walk on water then plse that’s ur opion n I respect that. E.R. is a tight knit old community. With old friendships.
          For the record the adult son should do jail time. Dad put bail up got a lawyer but still should have been jailed 4 his actions. No lesson learned there. Never is.

          1. @Amy: I totally agree that that guy shouldn’t be allowed to remain on the sidewalk selling drugs, and if CD14 gave him their blessing, shame on them. He ought to be in jail and then in rehab, and the business owner should do something to make the area around their building less hospitable to him. This vagrant has not gone through a legal proceeeding the way Daniel Nogueira did, and Daniel must now be on probation until his treatment is completed unlike the drug dealer still on the streets of Eagle Rock.

        2. Sorry. Forgot the best part. Guy selling drugs speaks with Alice. Who speaks for cd14. Store owner has called 2 remove him. Their store front is CEMENT all the way around. The cops refuse 2 look at videos of him selling drugs. Putting this guy in jail for 5hrs isn’t gonna work bc he will b booted out. Or Alice will bail him out.
          Don’t blame the dad for bail monies still think son should have seen some jail time.

  1. This is outrageous. He gets away with attempted murder because he has access to money. He should be in jail

    1. Please take a look at the history of this case. This is a rich white boy who attempted to murder unsheltered citizens. It’s not a case of “welp he’s sick so…” His daddy hired a very expensive lawyer and this criminal is now free to roam the streets and attack someone else when he has a temper tantrum.

      1. He’s not white, he’s brown. Murder is premeditated. Daniel has had these issues his whole life (wasn’t “just” discovered). He doesn’t attack people.

    2. No Susan – that is bullshit
      Maybe you should learn about the actual circumstances. This is a man who has gotten away with all kinds of trouble since he was little. He tried to murder homeless people, caused over a million dollars of damage to people’s property and got away with it because his daddy has lots of money. He should be in jail where he can get treated for his”ADHD” and take responsibility for his actions

  2. People complain about criminals on the street and this poor little rich boy is set free. It’s outrageous! Where is the anger for this criminal who endangered so many lives? He should be behind bars and his corrupt family should be footing the bill for the damage caused by the fire, and also compensation for the people who lost everything they had.
    Shame shame shame on this judge! Shame on his daddy who bought the criminal’s freedom.

  3. ADHD? Are you kidding me? This is bullshit. How about restitution? His father is STILL president of the ER Chamber of Commerce? What a joke. Shameful.

    1. Why should an adult child’s behavior disqualify his father from anything? They went through a legal process, had the means to hire an expensive attorney, and the result is what it is. Most parents with the means to help their children in this way would do the same.

      1. How much of the son’s hatred for the homeless was taught at home by the parents, I wonder.

        Empathy is taught and nurtured. ADHD has nothing to do with it. The parents bear some responsibility for the human they created.

        1. @Jane: Some of these comments seem to suggest the father should be punished for the actions of his adult son, which doesn’t happen in our legal system, or that he shouldn’t have paid for the best legal representation he could afford. I repeat that most parents would do whatever they could for their children, whether they be minors or adults.

  4. ADHD? Are you kidding me? This is bullshit. How about restitution? His father is STILL president of the ER Chamber of Commerce? What a joke. Shameful.

  5. I remember that fire – it was scary.

    I am sure jail time would only educate this dude on how to be a criminal at the taxpayer expense. But three or four years of twenty or thirty hours a week of community service would help him focus his attention and perhaps learn to be a better human being. Letting him off like this sets a bad example. Bad actions should have serious consequences.

  6. His dad made this possible and has not taught his son anything. I’m sure this was not the first issue his son had and it will not be his last.

    1. So you know the family and are telling us what you’ve observed about how the young man was raised? Right.

    1. It is a mental diability. You have no idea. I do. I also have ADHD.Hyperkiniesis. It is no fun at all.Learnvabout it then,voice your opinon.

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