RICHMOND — The 22-year-old stepson of District Attorney Diana Becton was arrested over the weekend on suspicion of misdemeanor domestic battery, leading Becton to move to recuse her office from a charging decision.
The arrest occurred a little before 1 a.m. Aug. 29, at a home on East Richmond Heights. A Contra Costa Sheriff’s spokesman said police were called to the residence “regarding a domestic disturbance involving two victims, an infant, and one suspect.”
“Deputies conducted an investigation and later arrested 22-year-old Ahkai Bernstine for domestic battery,” sheriff spokesman Jimmy Lee said in an email. “Bernstine was agitated, yelling, and initially resisted arrest before a deputy was eventually able to handcuff him. During his detention, Bernstine informed the deputies his step-mother was the District Attorney.”
Bernstine was booked into the Martinez Detention Facility, but later posted $5,000 bail and was freed, authorities said. A Contra Costa Superior Court judge issued an emergency protective order against Bernstine, naming the alleged victims as protected parties, Lee said.
Asked about the arrest, Contra Costa District Attorney’s office spokesman Scott Alonso said Becton has taken steps to remove her office from making a charging decision. Under state law, prosecutors have one year to file a misdemeanor charge and seven years for most felonies.
“We have asked the California Attorney General’s Office to consider the conflict in order to make a filing decision. In doing so, our Office aims to ensure an independent review of the incident,” Alonso said.
The Attorney General’s office did not immediately respond to an email asking if it has approved the recusal. If it does, the AG’s office will not only make a charging decision but handle the prosecution if charges are filed.
Becton, appointed in 2016 and elected in 2018, is running for re-election in 2022. So far she has one opponent, Mary Knox, a deputy district attorney in her office.