Elder Abuse Over Nutella Samples

24 year old Derrick Gharabighi was charged with elder abuse and personal infliction of great bodily injury against a person over 70 for allegedly punching a seventy eight year old man over free Nutella waffle samples at a Costco in Burbank.

Police arrived at the Costco and met with the victim. He suffered from a one inch cut above his eye and swelling on his left eye. He also said that he was reaching for a sample when Gharabighi approached the table and took all of the samples. The man remarked that Gharabighi shouldn't take that many samples, then Gharabighi punched him in the face.

Police have said that there is no video footage of the incident.

Gharabighi has a substantial criminal record. He had been arrested two weeks prior, in June, April, and December. He was convicted of selling illegal drugs and petty theft in January. Gharabighi was convicted of trespassing in 2012 and 2013. Charges of spousal abuse are currently pending since July.

In a plea deal reached with the local prosecutor, Gharabighi has entered a "no contest" plea to one count of He faces up to two years in state prison. Under California law, if he is found guilty, Gharabighi must spend at least one year in prison.

Comments from Allen:  I can't say I have handled many Nutella crimes, or waffle crimes, for that matter.  Mr. Gharabighi's over-the-top affection for Nutella waffles reminds me of the old "I'd rather fight than switch" cigarette commercials back in the day when cigarettes were routinely advertised on television.

The defendant in this case would not be in so much trouble were it not for his extensive criminal history, although the age of the victim is absolutely significant.  In a plea deal entered October 30, 2015, the parties agreed to a maximum prison sentence of 2 years in exchange for the defendant's "no contest" plea to one count of elder abuse.

The sentencing will take place in 2016.  Normally on felony criminal charges, the court requires a pre-sentence investigation and probation department recommendations concerning what sentence is appropriate.  The defendant's criminal history is as significant, if not more significant, than the crime itself, as it is the probation department's assessment of the defendant's need for punishment, rehabilitation or leniency.

At the sentencing next year, the judge will be looking carefully at the defendant's past history of violence, as well as his ability or inability to follow rules and laws.

Because the defendant was not more severely hurt, I would expect a sentence of one year fixed, after which the defendant would be eligible for parole.  

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Allen Browning is an attorney in Idaho Falls, Idaho who handles personal injury and criminal defense. He has over 30 years of experience and handled thousands of cases. Allen handles cases from all over Idaho. Call (208) 542-2700 to set up a free consultation if you are facing legal trouble or you have been involved in an accident.

Also, check out browninglaw.net for more information about Allen and Browning Law.

Allen Browning can help with all personal injury claims including motor vehicle accidents,truck accidents, auto accidents, serious and disabling accidents, and wrongful death claims.

Allen Browning is an Idaho Falls attorney who can also help with drunk driving (DUI), traffic violations, Felony, Misdemeanor, Domestic Violence, Drug Crimes, Theft, Juvenile Crimes, battery and assault charges, Violent Crimes, and Probation/Parole Violations. He is one of the most experienced and successful criminal defense attorneys in Idaho.
Allen is able to provide his services if the incident occurs in the following Idaho Areas: American Falls, Arco, Blackfoot, Boise, Burley, Driggs, Idaho Falls, Malad City, Pocatello, Rexburg, Rigby, Salmon, St. Anthony, Twin Falls, Bannock County, Bingham County, Bonneville County, Butte County, Cassia County, Clark County, Fremont County, Jefferson County, Lemhi County, Madison County, Oneida County, Power County, Teton County, and Twin Falls County.    
Sources for more information:

http://www.buzzfeed.com/claudiakoerner/man-accused-of-punching-elderly-costco-shopper-over-nutella#.jn05N3oK7

http://www.inquisitr.com/2441283/derrick-gharabighi-man-charged-with-elder-abuse-after-punching-78-year-old-shopper-over-nutella-samples/

http://losangeles.cbslocal.com/2015/09/22/felony-charges-filed-against-man-who-attacked-senior-over-nutella-samples/

http://ktla.com/2015/09/22/burbank-man-faces-elder-abuse-charges-after-allegedly-punching-costco-shopper-over-nutella-sample/

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