why is there no charge of homicide only arson.

Question

Father was dating a girl, her x who is out of jail on bond Riverside county for assult on person with firearm (not on father) committ's an arson on father residence in twentynine Palms then drives 40 miles to another residence father has, starts a fight father 61 yrs old collapes and dies at scene. X b/f is arrested next day for Arson, no charges for what the coroner list as cause of death a homicide. X b/f again out of jail on bond for the arson. Can I file something in court to get the reports to find out why he is not charged in homicide and why he is out on two bonds from two counties on two felony charge's. the family would like to view the police report's etc (discovery?) as we feel justice is not being served for our father.suspect is 34 yrs old. please advise if we can file motion or whatever to get police report's. arson and homicide occurred 8/6/23 in san bernardino county. father was in good health, until beaten by the x b/f. no weapons were used. please advise

Christopher Walsh · Answer

As a former homicide prosecutor who has handled these types of situations, I can tell you that there is likely an active investigation still on-going into the homicide. Often, when prosecutors can file a serious felony right away (such as arson), they will do that in order to keep tabs on a suspect but will be patient and wait on the homicide until they have completed a more exhaustive investigation. This might be frustrating but is probably a wise move in the long run. Prosecutors may be waiting on lab results that were conducted on the victim to rule out that anything else could have caused his death. If the homicide took place on August 6, 2023, that is still pretty early on from an investigation standpoint. The San Bernardino County District Attorney's Office is not known for being "soft-on-crime" so you should expect that if they can prove it was a homicide then it will probably get filed at some point. Ultimately, you can always contact the District Attorney's Office and ask to speak with a victim-advocate. While they won't reveal confidential details of the investigation, they will communicate with you whatever information possible.

James L. Arrasmith · Answer

In California, members of the public generally cannot access police reports relating to ongoing investigations or pending criminal cases, as these are often exempt from disclosure under the California Public Records Act. That said, you may have a legal right to certain information or documents as the victim's next-of-kin, though these are typically accessible through the criminal justice process and not via a motion to the court by the family. 
 
While you can't usually force the prosecution to file specific charges, you may express your concerns to the prosecutor's office handling the case, and they have the discretion to take your views into account. Your family should strongly consider hiring an attorney to help navigate this complicated situation, ensure that your interests are represented, and to explore the possibility of gaining access to relevant documents and information. Legal counsel can also help you understand what actions you can take to ensure that justice is served in your father's case.

Q: why is there no charge of homicide only arson.