In early September, Peterson Harter was working the lunchtime rush in his
sandwich shop on San Francisco’s Haight Street when in walked prosecutor Ryan
Khojasteh, sporting slicked-back hair and circular glasses.
The year before, Harter had been punched in the face by a man who’d been
urinating outside his shop. He posted a video of his black eye on Instagram, and
it went viral. Khojasteh, a prosecutor who’s challenging San Francisco District
Attorney Brooke Jenkins for her job in November, wanted to hear about his public
safety concerns heading into the election.
> “I want to prevent that 18- or 19-year-old from getting to a point where they
> have a gun in their hand.”
Harter told Khojasteh that the man who assaulted him came back to apologize
after getting out of jail; he was later arrested again for assaulting someone
else. “This guy actually needs mental health help,” said Harter, leaning against
the counter in his apron. They began talking about the benefits of early
intervention. If only “we could have helped this person way back when,”
Khojasteh said.
The question of how to treat young offenders was on everyone’s mind that week.
Days earlier, 49ers receiver Ricky Pearsall was shot by a 17-year-old during an
attempted robbery near luxury stores in Union Square, making national news.
Jenkins may try to transfer Pearsall’s shooter to adult court but hasn’t decided
yet. (She’s also recommended transferring two 16-year-olds to adult court in an
unrelated case.) Khojasteh says there are very few circumstances in which he’d
do the same. “I want to prevent that 18- or 19-year-old from getting to a point
where they have a gun in their hand,” he tells me. “That is the whole passion of
this job.”
Khojasteh’s emphasis on early interventions is one of the ways he’s setting
himself apart from Jenkins, who has taken a more punitive approach to teens
after being appointed following the recall of progressive prosecutor Chesa
Boudin.
Ryan Khojasteh at a campaign rallyCourtesy Ryan Khojasteh
San Francisco’s DA race has not gotten much attention in a presidential election
year, but the results will be significant because of what Boudin’s recall
represented: Observers nationally described it as evidence that famously liberal
San Francisco had rejected criminal justice reforms, and that other progressive
prosecutors outside California should beware a similar fate. Jenkins pledged to
“restore accountability and consequences” to the city. If she loses, it could
signal that voters believe the pendulum swung too far right under her
leadership.
Khojasteh has welcomed endorsements from heavyweights in the progressive
prosecutor world, including George Gascón in Los Angeles and Larry Krasner in
Philadelphia, and from a slate of local progressive politicians and community
leaders. But he is young, turning 31 next month, with less money, name
recognition, and establishment support than Jenkins, who is endorsed by Mayor
London Breed and Gov. Gavin Newsom.
And he will be trying to sell voters on his message about helping youthful
offenders at a time when fears about violence are intensifying. Though juvenile
crime has been falling for decades in San Francisco (and nationwide) to near
historic lows, there’s been an uptick recently in kids arrested for serious
offenses in the city. Not far from Harter’s sandwich shop, there were at least
three other shootings over the past couple of years near Haight Street, a
popular tourist destination; some of the gunmen were younger than 25. When
Khojasteh spoke with other shopkeepers there, several said they didn’t feel
safe. “The cops sadly don’t do anything,” an employee at a cafe told him.
As I tagged along with him on Haight Street, Khojasteh tried to convince people
that he would offer a middle path between Boudin, a bold progressive, and
Jenkins, a tough-talking moderate. “Anytime anyone commits a crime and I can
prove it, I’m going to file charges,” he told a shopkeeper. But “the question
is: How do I make sure they don’t come back into the system?” That’s what
justice is, he says: figuring out how to keep someone accountable and keep them
from coming back.
Khojasteh’s long-game approach to justice was shaped during his childhood.
Raised in the Bay Area to Iranian immigrants, he was a toddler in 1996 when his
family suffered a death that would cause him to question the root causes of
youth violence. His uncle Cyrus Salehi was working the late shift at a Denny’s
restaurant in Los Angeles when a 20-year-old walked inside, demanded money, and
then aimed a pistol at his chest; two 18-year-olds and a 16-year-old sat outside
with the getaway car. As Khojasteh grew older, the loss motivated him. “Why does
this happen in the first place?” he wondered. “Why are there kids at that age
with guns?” After Salehi’s wife got remarried, to a bureau chief of the Los
Angeles DA’s Office, Khojasteh decided he wanted to become a prosecutor too.
Ryan Khojasteh’s uncle Cyrus SalehiCourtesy Ryan Khojasteh
Next up was a fellowship at the San Francisco public defender’s office, where he
met Chesa Boudin, then a deputy public defender. “For someone at his point in
his legal career, he had a unique confidence,” Boudin says, describing Khojasteh
as “hardworking, compassionate,” and eager to grow. “When I learned he’d run for
office against Pelosi, I thought, ‘What a tremendous amount of character that
would build, and what a steep learning curve it would be at his age.’”
Working with Boudin would have a deep impact on the way Khojasteh thought about
helping teens who committed crimes. After Boudin was elected DA in 2019,
Khojasteh was one of his first hires in the juvenile justice unit, as an
assistant DA. Change was in the air; the San Francisco Chronicle had just
published an investigation showing that youth crime had dropped enormously since
the ’90s, but that San Francisco continued spending large sums of money on a
juvenile hall that now held fewer and fewer kids. In February 2020, the San
Francisco Board of Supervisors voted to close the facility by 2021. “This jail
for kids is morally repugnant,” said then-Supervisor Matt Haney. “I thought
Ryan’s compassion and energy would be particularly useful” carrying out that
mission, says Boudin.
Together, Khojasteh and Boudin tried to do more to connect kids with services
rather than locking them up. They expanded the Make It Right initiative,
launched by former DA Gascón in 2013 for teens who committed certain felonies.
If the young offenders worked with a caseworker, talked with the person they
harmed, and took steps to repair the damage, including through community
service, they could avoid prosecution. Kids who went through the program were 44
percent less likely to get arrested again compared with those who were
prosecuted, according to a study by University of California researchers and the
California Policy Lab.
> Kids who went through the program were 44 percent less likely to get arrested
> again compared with those who were prosecuted.
Boudin leaned on these services, diverting more teens than Gascón and pledging
to use juvenile hall as a last resort. For more serious cases that required
prosecution, he and Khojasteh tailored the punishment. When a 12-year-old robbed
an elderly Chinese man, they filed charges but asked the victim what kind of
justice he envisioned: The man wanted the boy, who was Black, to research the
exploitation of Chinese people in America and think about their shared
oppression. The boy also did community service, and the DA’s office checked to
make sure he was going to school. Six months later, his mom reported that she’d
never seen him behaving so well. “That had much more impact on his life and
development than a couple of days in jail,” Khojasteh says.
Another time, Khojasteh prosecuted a 16-year-old who committed a serious
property offense and was waiting in juvenile hall for placement at a residential
school; the boy’s single mom couldn’t visit him because she was in hospice care
with about a month to live. “I remember thinking, ‘If we keep this kid in
juvenile hall, that would profoundly traumatize this child, the fact that he
would never see his mother again,’” Khojasteh says. He arranged for the boy to
leave and be with his mom for her last few days before returning to finish his
sentence. “We don’t want to further cause the psychological damage that could
ultimately cause him to act out or commit more crimes in the future,” he adds.
Khojasteh thinks some cases involving young people do require a tougher
approach, especially if a victim is injured. He has incarcerated kids for
offenses like carjacking. Juvenile hall “is a tool to protect the public and to
protect the kid,” he says. But the number of children locked up for crimes fell
dramatically in San Francisco under Boudin’s leadership—from an average of 33
kids a day in January 2020, when Boudin took office, to 9 kids daily in June
2020 and 16 kids daily in June 2021, according to city data. (Part of the drop
can be explained by the pandemic: Social distancing forced detention facilities
to downsize, and courts temporarily stopped trials.)
While working in Boudin’s office, Khojasteh also helped create a program for
unaccompanied immigrant kids who committed crimes, and another that offered
financial assistance to teens so they could pay restitution to their victims.
Without the aid, the owed money often turned into debt for the teens’ parents,
affecting the family’s credit score and upward mobility by making it harder to
apply for housing or student loans.
San Francisco’s juvenile hall never shut down; Mayor Breed did not support its
closure, and momentum for the plan dwindled. Then on June 7, 2022, San Francisco
voters recalled Boudin, many of them frustrated by his perceived leniency amid
heightened drug use and homelessness, as well as community violence against
Asian American elders and viral social media footage of car break-ins and store
thefts. (Though overall crime fell during Boudin’s tenure, commercial burglaries
and homicides increased in San Francisco, as they did nationally around that
time.) After the recall, Khojasteh urged Breed to pick a new DA who would
continue the work he and Boudin had started on juvenile justice. “San Francisco
deserves to see these reforms through,” he wrote in an op-ed for the Chronicle
that July.
San Francisco District Attorney Brooke Jenkins speaks with reporters in San
Francisco Superior Court on Tuesday, Nov. 1, 2022, in San Francisco.Noah
Berger/AP
That’s not exactly what happened. Three days after the op-ed ran, Breed
announced that Jenkins, a former assistant DA who’d quit Boudin’s office and
then campaigned to recall him, would be the city’s next lead prosecutor.
Khojasteh, now working on adult felony cases, tried to extend an olive branch:
After Jenkins told staff she wanted to improve morale at the office, he emailed
her to share his thoughts on how staffing increases in the felony unit might
accomplish that. Days later, while he was at a family wedding, she called and
fired him. “It was such an inappropriate way to handle this,” he tells me,
frustrated that she didn’t give him time to write transition memos. He
contemplated running against Jenkins in the November 2023 election but was not
old enough; the law requires candidates to have worked five years as attorneys,
and he would be several months shy of that. Instead, he got a job in Oakland at
the Alameda DA’s office.
> From afar, Khojasteh watched as Jenkins took a harder turn against San
> Francisco’s teen offenders.
From afar, Khojasteh watched as Jenkins took a harder turn against San
Francisco’s teen offenders. In September 2022, juvenile justice reform groups
protested outside her office after she announced that she would consider
charging children as adults in certain “heinous” cases, a departure from
Boudin’s policy. “We won’t stand by and let our youth be criminalized!” Ally
Durante, a youth organizer at the Young Women’s Freedom Center, yelled into a
microphone.
Jenkins’ office also referred fewer teens with felony cases to diversion
programs like the ones Khojasteh and Boudin had championed, according to
Khojasteh, Boudin, and other attorneys who specialize in juvenile justice. It’s
“back to the traditional approach,” says Daniel Macallair of San Francisco’s
nonprofit Center on Juvenile and Criminal Justice. “It’s been difficult to work
with her,” says Julia Arroyo, executive director of the Young Women’s Freedom
Center, which mentors girls in the justice system. Lucero Herrera, who also
works at the center, says Jenkins’ office stopped referrals to their programs
without explanation: “She believes in charging young people, overcharging them.”
The DA’s office and Jenkins’ campaign did not respond to my request for comment
on these claims. In 2023, when the Chronicle reported that Jenkins was referring
fewer adults to diversion programs, she said her team was more “thoughtful” than
Boudin’s about selecting participants.
Because San Francisco has long been a leader on juvenile justice, says
Macallair, kids with good public defenders and community advocates have
continued to get connected with services in the city, despite Jenkins’ new
policies. But she has also gone tougher on them in other ways. Her office has
charged more strikes against teens, something Boudin and many other DAs in
California have tried to avoid. Strikes remain on a kid’s record into adulthood
and three of them can lead to harsher sentences.
Jenkins also made the unusual move of refusing to try new cases in front of a
judge who took a progressive approach to juvenile justice late in his career.
“She’s attacked judges in a way that’s unprecedented,” the now-retired judge,
Anthony Kline, tells me, adding that her reluctance to refer both kids and
adults to treatment-focused programs is “out of sync with the modern standards
of criminal justice.” Under Jenkins, the number of kids at juvenile hall
increased nearly threefold—from an average of 12 kids per day in June 2022, the
month Boudin was recalled, to 31 kids a day in October 2023, a peak, and then 27
kids in July 2024, the last month for which data is publicly available.
In November 2022, San Francisco voters passed a ballot measure that pushed back
the next DA election from 2023 to 2024, a change that meant Khojasteh would be
experienced enough to run. This summer, he left the Alameda DA’s office to
campaign full time.
If he's elected, Khojasteh wants to beef up the general felonies unit as well as
the special prosecutions division, which handles public corruption, major
financial crimes, and police violence; Jenkins downsized it and dismissed all
the charges that Boudin had filed against cops. He wants to hold workshops with
residents to teach them what to do if they are victims of crime. And he wants to
expand the use of collaborative treatment courts for people who break the law
because of drug addiction.
When it comes to teen offenders, he says he would increase referrals to the
juvenile diversion programs he helped expand under Boudin, and he’d restart the
relationship with the Young Women’s Freedom Center and other community groups.
“We want to bring our community-based organizations into the fold when it comes
to developing treatment plans and resources for kids,” he says.
Khojasteh has avoided labeling himself a “progressive prosecutor,” wary of the
recall movements that other progressives like Boudin and now Oakland’s Pamela
Price have faced. In a public conversation with Mission Local managing editor
Joe Eskenazi in June, Khojasteh described his top goal as public safety and said
he was not seeking Boudin’s endorsement, though he’s still in touch with his
former boss: “I’ve certainly had conversations with him on how I can not make
some of the mistakes that he made.”
As I shadowed Khojasteh on Haight Street in September, I saw him talk with
shopkeepers about accountability and pledge to prosecute whenever a crime is
committed. Later, I asked him to elaborate on how he could make these promises
while still prioritizing rehabilitation for kids. It was then that I saw how he
might be more moderate than Boudin, even while maintaining a similar ethos.
Khojasteh explained that Boudin’s office sometimes gave kids charges that were
less serious than what the police had alleged. Teen robberies, for instance,
were sometimes charged as thefts so that kids didn’t end up with strikes on
their records. He believes this left prosecutors at a disadvantage during
negotiations with defense, because the DA's starting offer was already so sweet.
> “I have that middle path between Chesa and Brooke."
Khojasteh would take a different approach: He would charge whatever crime is
supported by the evidence, including robberies, but would later negotiate the
charges down—so that kids would still face consequences without getting a strike
or record that might keep them from securing a job or financial aid after their
punishment. “I have that middle path between Chesa and Brooke,” he told me. “I
will still file the charges for serious cases—I'm going to hold you
accountable—but I can do so in a way that lets you go on into adulthood with
every tool at your disposal.”
Khojasteh diverges from his former boss in other ways. He does not support a
blanket ban on trying 16- and 17-year-olds as adults, but says he’d only
consider doing so in extreme cases like a mass school shooting. Nor does he
support a blanket ban on gang enhancements, stiffer punishments that
disproportionately affect people of color, though he views these enhancements
with “disdain” and would generally avoid them.
Khojasteh declined to say whether he would charge the 17-year-old who shot 49ers
receiver Pearsall as an adult, explaining that he hadn’t seen all the details of
the case. But in late September, after Jenkins asked a judge to transfer two
16-year-olds to adult court for an alleged murder, Khojasteh criticized her
decision. “This is election-year politics at the expense of justice,” he told
me, noting that Jenkins made the transfer request a mere days before the kids
were scheduled to go to juvenile trial, which is unusually late in the process,
and just over a month before Election Day.
Jenkins told me she made the request because she did not believe the teens could
be rehabilitated in the juvenile system, which can hold them until age 25. “I
will not allow us to return to the days where blind loyalty to a failed dogma
reigned supreme and perpetrators were not held accountable or faced consequences
for their crimes,” she said. Khojasteh points out that if the kids were held in
juvie until age 25, that would be more than half their current lifetimes
incarcerated; if convicted in adult court, they face up to life in prison.
He interned at the Santa Clara DA’s office after undergrad, then graduated early
from UC College of the Law, San Francisco, in 2018, where he wrote a thesis on
ending the school-to-prison pipeline. He also worked up the nerve, at age 24, to
run against Nancy Pelosi for her seat in the House. (He lost.)
Ryan Khojasteh in front of the San Francisco Juvenile Justice Center.Courtesy
Ryan Khojasteh
Whether Khojasteh can win enough votes remains to be seen. He’s the only
challenger in the election. Jenkins has faced some recent setbacks: A court
ruled that she committed misconduct in 2021 by disparaging a defense lawyer.
Dozens of attorneys have left her office, some of them citing mismanagement. And
a record number of drug overdoses in San Francisco last year fueled allegations
that her crackdown on dealers isn’t making the city any safer. “People are
frustrated and becoming disillusioned because nothing is changing,” retired San
Francisco Judge Ellen Chaitin, who opposed Boudin's recall, told the San
Francisco Standard.
There are some signs that Khojasteh’s message, meanwhile, is finding traction.
Peterson Harter, the man who went viral for his black eye, agreed to put a
campaign sign in his sandwich shop after Khojasteh’s visit. “Accountability and
support—can we have those two things?” Harter said, moving his hands up and down
like a scale.
Later that day in the Haight, a woman on the street stopped Khojasteh; she
wanted to learn more about his juvenile justice stances, because her sister had
spent time in a mental health facility and said too many kids there were later
locked up. “The way we treat our young people says a lot about our values and
our society,” says Celi Tamayo-Lee of the SF Rising Action Fund, a grassroots
fund for communities of color.
But Jenkins has backing from San Francisco’s moderate political machine—I’ve
heard rumors that her sights are set, eventually, on California’s attorney
general office, the same path Kamala Harris took from the San Francisco DA’s
office. (She did not reply when I asked her about this.) And she has funding
from some of the rich execs who paid for Boudin’s recall: As of this month,
campaign filings showed she’d garnered $368,000 for the election, compared with
Khojasteh’s $105,000. She has declined to publicly debate him, making it harder
for him to get media attention. “The fact that Brooke is an incumbent works to
her advantage, and there has been a trend for voters to favor more
tough-on-crime policies right now in San Francisco,” says Tamayo-Lee. Voters
there recently passed ballot measures that decreased police oversight, increased
police surveillance, and required people to get drug-tested in order to receive
certain social services.
And then there’s the question of Khojasteh’s youth. Jenkins, 43, is more than a
decade senior. Over the summer, Mission Local’s Eskenazi teased him for trying
to look older than his years by cutting his long hair short and donning “Clark
Kent glasses.” (They’re Garrett Leight.)
Khojasteh doesn't seem fazed. He tells me he did away with his long hair because
he wanted to mark the transition into his 30s. He bought glasses because he
couldn’t see the board during law school, though he soon realized (and embraced)
that fewer people confused him for an intern when he wore them to court.
In fact, Khojasteh sees his youth as a plus. Unlike older politicians with
ambitions for higher office, he says he can afford to stick around San Francisco
as long as it takes to make the city safer, to balance accountability with the
services and compassion that might keep people out of the justice system for
good. There’s “value in me being a young candidate,” he told me before looking
out onto Haight Street and all the people walking by. “I’m committed to San
Francisco—this is my home. And I can be here for a long time.”
Tag - Prosecutors
In early September, Peterson Harter was working the lunchtime rush in his
sandwich shop on San Francisco’s Haight Street when in walked prosecutor Ryan
Khojasteh, sporting slicked-back hair and circular glasses.
The year before, Harter had been punched in the face by a man who’d been
urinating outside his shop. He posted a video of his black eye on Instagram, and
it went viral. Khojasteh, a prosecutor who’s challenging San Francisco District
Attorney Brooke Jenkins for her job in November, wanted to hear about his public
safety concerns heading into the election.
> “I want to prevent that 18- or 19-year-old from getting to a point where they
> have a gun in their hand.”
Harter told Khojasteh that the man who assaulted him came back to apologize
after getting out of jail; he was later arrested again for assaulting someone
else. “This guy actually needs mental health help,” said Harter, leaning against
the counter in his apron. They began talking about the benefits of early
intervention. If only “we could have helped this person way back when,”
Khojasteh said.
The question of how to treat young offenders was on everyone’s mind that week.
Days earlier, 49ers receiver Ricky Pearsall was shot by a 17-year-old during an
attempted robbery near luxury stores in Union Square, making national news.
Jenkins may try to transfer Pearsall’s shooter to adult court but hasn’t decided
yet. (She’s also recommended transferring two 16-year-olds to adult court in an
unrelated case.) Khojasteh says there are very few circumstances in which he’d
do the same. “I want to prevent that 18- or 19-year-old from getting to a point
where they have a gun in their hand,” he tells me. “That is the whole passion of
this job.”
Khojasteh’s emphasis on early interventions is one of the ways he’s setting
himself apart from Jenkins, who has taken a more punitive approach to teens
after being appointed following the recall of progressive prosecutor Chesa
Boudin.
Ryan Khojasteh at a campaign rallyCourtesy Ryan Khojasteh
San Francisco’s DA race has not gotten much attention in a presidential election
year, but the results will be significant because of what Boudin’s recall
represented: Observers nationally described it as evidence that famously liberal
San Francisco had rejected criminal justice reforms, and that other progressive
prosecutors outside California should beware a similar fate. Jenkins pledged to
“restore accountability and consequences” to the city. If she loses, it could
signal that voters believe the pendulum swung too far right under her
leadership.
Khojasteh has welcomed endorsements from heavyweights in the progressive
prosecutor world, including George Gascón in Los Angeles and Larry Krasner in
Philadelphia, and from a slate of local progressive politicians and community
leaders. But he is young, turning 31 next month, with less money, name
recognition, and establishment support than Jenkins, who is endorsed by Mayor
London Breed and Gov. Gavin Newsom.
And he will be trying to sell voters on his message about helping youthful
offenders at a time when fears about violence are intensifying. Though juvenile
crime has been falling for decades in San Francisco (and nationwide) to near
historic lows, there’s been an uptick recently in kids arrested for serious
offenses in the city. Not far from Harter’s sandwich shop, there were at least
three other shootings over the past couple of years near Haight Street, a
popular tourist destination; some of the gunmen were younger than 25. When
Khojasteh spoke with other shopkeepers there, several said they didn’t feel
safe. “The cops sadly don’t do anything,” an employee at a cafe told him.
As I tagged along with him on Haight Street, Khojasteh tried to convince people
that he would offer a middle path between Boudin, a bold progressive, and
Jenkins, a tough-talking moderate. “Anytime anyone commits a crime and I can
prove it, I’m going to file charges,” he told a shopkeeper. But “the question
is: How do I make sure they don’t come back into the system?” That’s what
justice is, he says: figuring out how to keep someone accountable and keep them
from coming back.
Khojasteh’s long-game approach to justice was shaped during his childhood.
Raised in the Bay Area to Iranian immigrants, he was a toddler in 1996 when his
family suffered a death that would cause him to question the root causes of
youth violence. His uncle Cyrus Salehi was working the late shift at a Denny’s
restaurant in Los Angeles when a 20-year-old walked inside, demanded money, and
then aimed a pistol at his chest; two 18-year-olds and a 16-year-old sat outside
with the getaway car. As Khojasteh grew older, the loss motivated him. “Why does
this happen in the first place?” he wondered. “Why are there kids at that age
with guns?” After Salehi’s wife got remarried, to a bureau chief of the Los
Angeles DA’s Office, Khojasteh decided he wanted to become a prosecutor too.
Ryan Khojasteh’s uncle Cyrus SalehiCourtesy Ryan Khojasteh
Next up was a fellowship at the San Francisco public defender’s office, where he
met Chesa Boudin, then a deputy public defender. “For someone at his point in
his legal career, he had a unique confidence,” Boudin says, describing Khojasteh
as “hardworking, compassionate,” and eager to grow. “When I learned he’d run for
office against Pelosi, I thought, ‘What a tremendous amount of character that
would build, and what a steep learning curve it would be at his age.’”
Working with Boudin would have a deep impact on the way Khojasteh thought about
helping teens who committed crimes. After Boudin was elected DA in 2019,
Khojasteh was one of his first hires in the juvenile justice unit, as an
assistant DA. Change was in the air; the San Francisco Chronicle had just
published an investigation showing that youth crime had dropped enormously since
the ’90s, but that San Francisco continued spending large sums of money on a
juvenile hall that now held fewer and fewer kids. In February 2020, the San
Francisco Board of Supervisors voted to close the facility by 2021. “This jail
for kids is morally repugnant,” said then-Supervisor Matt Haney. “I thought
Ryan’s compassion and energy would be particularly useful” carrying out that
mission, says Boudin.
Together, Khojasteh and Boudin tried to do more to connect kids with services
rather than locking them up. They expanded the Make It Right initiative,
launched by former DA Gascón in 2013 for teens who committed certain felonies.
If the young offenders worked with a caseworker, talked with the person they
harmed, and took steps to repair the damage, including through community
service, they could avoid prosecution. Kids who went through the program were 44
percent less likely to get arrested again compared with those who were
prosecuted, according to a study by University of California researchers and the
California Policy Lab.
> Kids who went through the program were 44 percent less likely to get arrested
> again compared with those who were prosecuted.
Boudin leaned on these services, diverting more teens than Gascón and pledging
to use juvenile hall as a last resort. For more serious cases that required
prosecution, he and Khojasteh tailored the punishment. When a 12-year-old robbed
an elderly Chinese man, they filed charges but asked the victim what kind of
justice he envisioned: The man wanted the boy, who was Black, to research the
exploitation of Chinese people in America and think about their shared
oppression. The boy also did community service, and the DA’s office checked to
make sure he was going to school. Six months later, his mom reported that she’d
never seen him behaving so well. “That had much more impact on his life and
development than a couple of days in jail,” Khojasteh says.
Another time, Khojasteh prosecuted a 16-year-old who committed a serious
property offense and was waiting in juvenile hall for placement at a residential
school; the boy’s single mom couldn’t visit him because she was in hospice care
with about a month to live. “I remember thinking, ‘If we keep this kid in
juvenile hall, that would profoundly traumatize this child, the fact that he
would never see his mother again,’” Khojasteh says. He arranged for the boy to
leave and be with his mom for her last few days before returning to finish his
sentence. “We don’t want to further cause the psychological damage that could
ultimately cause him to act out or commit more crimes in the future,” he adds.
Khojasteh thinks some cases involving young people do require a tougher
approach, especially if a victim is injured. He has incarcerated kids for
offenses like carjacking. Juvenile hall “is a tool to protect the public and to
protect the kid,” he says. But the number of children locked up for crimes fell
dramatically in San Francisco under Boudin’s leadership—from an average of 33
kids a day in January 2020, when Boudin took office, to 9 kids daily in June
2020 and 16 kids daily in June 2021, according to city data. (Part of the drop
can be explained by the pandemic: Social distancing forced detention facilities
to downsize, and courts temporarily stopped trials.)
While working in Boudin’s office, Khojasteh also helped create a program for
unaccompanied immigrant kids who committed crimes, and another that offered
financial assistance to teens so they could pay restitution to their victims.
Without the aid, the owed money often turned into debt for the teens’ parents,
affecting the family’s credit score and upward mobility by making it harder to
apply for housing or student loans.
San Francisco’s juvenile hall never shut down; Mayor Breed did not support its
closure, and momentum for the plan dwindled. Then on June 7, 2022, San Francisco
voters recalled Boudin, many of them frustrated by his perceived leniency amid
heightened drug use and homelessness, as well as community violence against
Asian American elders and viral social media footage of car break-ins and store
thefts. (Though overall crime fell during Boudin’s tenure, commercial burglaries
and homicides increased in San Francisco, as they did nationally around that
time.) After the recall, Khojasteh urged Breed to pick a new DA who would
continue the work he and Boudin had started on juvenile justice. “San Francisco
deserves to see these reforms through,” he wrote in an op-ed for the Chronicle
that July.
San Francisco District Attorney Brooke Jenkins speaks with reporters in San
Francisco Superior Court on Tuesday, Nov. 1, 2022, in San Francisco.Noah
Berger/AP
That’s not exactly what happened. Three days after the op-ed ran, Breed
announced that Jenkins, a former assistant DA who’d quit Boudin’s office and
then campaigned to recall him, would be the city’s next lead prosecutor.
Khojasteh, now working on adult felony cases, tried to extend an olive branch:
After Jenkins told staff she wanted to improve morale at the office, he emailed
her to share his thoughts on how staffing increases in the felony unit might
accomplish that. Days later, while he was at a family wedding, she called and
fired him. “It was such an inappropriate way to handle this,” he tells me,
frustrated that she didn’t give him time to write transition memos. He
contemplated running against Jenkins in the November 2023 election but was not
old enough; the law requires candidates to have worked five years as attorneys,
and he would be several months shy of that. Instead, he got a job in Oakland at
the Alameda DA’s office.
> From afar, Khojasteh watched as Jenkins took a harder turn against San
> Francisco’s teen offenders.
From afar, Khojasteh watched as Jenkins took a harder turn against San
Francisco’s teen offenders. In September 2022, juvenile justice reform groups
protested outside her office after she announced that she would consider
charging children as adults in certain “heinous” cases, a departure from
Boudin’s policy. “We won’t stand by and let our youth be criminalized!” Ally
Durante, a youth organizer at the Young Women’s Freedom Center, yelled into a
microphone.
Jenkins’ office also referred fewer teens with felony cases to diversion
programs like the ones Khojasteh and Boudin had championed, according to
Khojasteh, Boudin, and other attorneys who specialize in juvenile justice. It’s
“back to the traditional approach,” says Daniel Macallair of San Francisco’s
nonprofit Center on Juvenile and Criminal Justice. “It’s been difficult to work
with her,” says Julia Arroyo, executive director of the Young Women’s Freedom
Center, which mentors girls in the justice system. Lucero Herrera, who also
works at the center, says Jenkins’ office stopped referrals to their programs
without explanation: “She believes in charging young people, overcharging them.”
The DA’s office and Jenkins’ campaign did not respond to my request for comment
on these claims. In 2023, when the Chronicle reported that Jenkins was referring
fewer adults to diversion programs, she said her team was more “thoughtful” than
Boudin’s about selecting participants.
Because San Francisco has long been a leader on juvenile justice, says
Macallair, kids with good public defenders and community advocates have
continued to get connected with services in the city, despite Jenkins’ new
policies. But she has also gone tougher on them in other ways. Her office has
charged more strikes against teens, something Boudin and many other DAs in
California have tried to avoid. Strikes remain on a kid’s record into adulthood
and three of them can lead to harsher sentences.
Jenkins also made the unusual move of refusing to try new cases in front of a
judge who took a progressive approach to juvenile justice late in his career.
“She’s attacked judges in a way that’s unprecedented,” the now-retired judge,
Anthony Kline, tells me, adding that her reluctance to refer both kids and
adults to treatment-focused programs is “out of sync with the modern standards
of criminal justice.” Under Jenkins, the number of kids at juvenile hall
increased nearly threefold—from an average of 12 kids per day in June 2022, the
month Boudin was recalled, to 31 kids a day in October 2023, a peak, and then 27
kids in July 2024, the last month for which data is publicly available.
In November 2022, San Francisco voters passed a ballot measure that pushed back
the next DA election from 2023 to 2024, a change that meant Khojasteh would be
experienced enough to run. This summer, he left the Alameda DA’s office to
campaign full time.
If he's elected, Khojasteh wants to beef up the general felonies unit as well as
the special prosecutions division, which handles public corruption, major
financial crimes, and police violence; Jenkins downsized it and dismissed all
the charges that Boudin had filed against cops. He wants to hold workshops with
residents to teach them what to do if they are victims of crime. And he wants to
expand the use of collaborative treatment courts for people who break the law
because of drug addiction.
When it comes to teen offenders, he says he would increase referrals to the
juvenile diversion programs he helped expand under Boudin, and he’d restart the
relationship with the Young Women’s Freedom Center and other community groups.
“We want to bring our community-based organizations into the fold when it comes
to developing treatment plans and resources for kids,” he says.
Khojasteh has avoided labeling himself a “progressive prosecutor,” wary of the
recall movements that other progressives like Boudin and now Oakland’s Pamela
Price have faced. In a public conversation with Mission Local managing editor
Joe Eskenazi in June, Khojasteh described his top goal as public safety and said
he was not seeking Boudin’s endorsement, though he’s still in touch with his
former boss: “I’ve certainly had conversations with him on how I can not make
some of the mistakes that he made.”
As I shadowed Khojasteh on Haight Street in September, I saw him talk with
shopkeepers about accountability and pledge to prosecute whenever a crime is
committed. Later, I asked him to elaborate on how he could make these promises
while still prioritizing rehabilitation for kids. It was then that I saw how he
might be more moderate than Boudin, even while maintaining a similar ethos.
Khojasteh explained that Boudin’s office sometimes gave kids charges that were
less serious than what the police had alleged. Teen robberies, for instance,
were sometimes charged as thefts so that kids didn’t end up with strikes on
their records. He believes this left prosecutors at a disadvantage during
negotiations with defense, because the DA's starting offer was already so sweet.
> “I have that middle path between Chesa and Brooke."
Khojasteh would take a different approach: He would charge whatever crime is
supported by the evidence, including robberies, but would later negotiate the
charges down—so that kids would still face consequences without getting a strike
or record that might keep them from securing a job or financial aid after their
punishment. “I have that middle path between Chesa and Brooke,” he told me. “I
will still file the charges for serious cases—I'm going to hold you
accountable—but I can do so in a way that lets you go on into adulthood with
every tool at your disposal.”
Khojasteh diverges from his former boss in other ways. He does not support a
blanket ban on trying 16- and 17-year-olds as adults, but says he’d only
consider doing so in extreme cases like a mass school shooting. Nor does he
support a blanket ban on gang enhancements, stiffer punishments that
disproportionately affect people of color, though he views these enhancements
with “disdain” and would generally avoid them.
Khojasteh declined to say whether he would charge the 17-year-old who shot 49ers
receiver Pearsall as an adult, explaining that he hadn’t seen all the details of
the case. But in late September, after Jenkins asked a judge to transfer two
16-year-olds to adult court for an alleged murder, Khojasteh criticized her
decision. “This is election-year politics at the expense of justice,” he told
me, noting that Jenkins made the transfer request a mere days before the kids
were scheduled to go to juvenile trial, which is unusually late in the process,
and just over a month before Election Day.
Jenkins told me she made the request because she did not believe the teens could
be rehabilitated in the juvenile system, which can hold them until age 25. “I
will not allow us to return to the days where blind loyalty to a failed dogma
reigned supreme and perpetrators were not held accountable or faced consequences
for their crimes,” she said. Khojasteh points out that if the kids were held in
juvie until age 25, that would be more than half their current lifetimes
incarcerated; if convicted in adult court, they face up to life in prison.
He interned at the Santa Clara DA’s office after undergrad, then graduated early
from UC College of the Law, San Francisco, in 2018, where he wrote a thesis on
ending the school-to-prison pipeline. He also worked up the nerve, at age 24, to
run against Nancy Pelosi for her seat in the House. (He lost.)
Ryan Khojasteh in front of the San Francisco Juvenile Justice Center.Courtesy
Ryan Khojasteh
Whether Khojasteh can win enough votes remains to be seen. He’s the only
challenger in the election. Jenkins has faced some recent setbacks: A court
ruled that she committed misconduct in 2021 by disparaging a defense lawyer.
Dozens of attorneys have left her office, some of them citing mismanagement. And
a record number of drug overdoses in San Francisco last year fueled allegations
that her crackdown on dealers isn’t making the city any safer. “People are
frustrated and becoming disillusioned because nothing is changing,” retired San
Francisco Judge Ellen Chaitin, who opposed Boudin's recall, told the San
Francisco Standard.
There are some signs that Khojasteh’s message, meanwhile, is finding traction.
Peterson Harter, the man who went viral for his black eye, agreed to put a
campaign sign in his sandwich shop after Khojasteh’s visit. “Accountability and
support—can we have those two things?” Harter said, moving his hands up and down
like a scale.
Later that day in the Haight, a woman on the street stopped Khojasteh; she
wanted to learn more about his juvenile justice stances, because her sister had
spent time in a mental health facility and said too many kids there were later
locked up. “The way we treat our young people says a lot about our values and
our society,” says Celi Tamayo-Lee of the SF Rising Action Fund, a grassroots
fund for communities of color.
But Jenkins has backing from San Francisco’s moderate political machine—I’ve
heard rumors that her sights are set, eventually, on California’s attorney
general office, the same path Kamala Harris took from the San Francisco DA’s
office. (She did not reply when I asked her about this.) And she has funding
from some of the rich execs who paid for Boudin’s recall: As of this month,
campaign filings showed she’d garnered $368,000 for the election, compared with
Khojasteh’s $105,000. She has declined to publicly debate him, making it harder
for him to get media attention. “The fact that Brooke is an incumbent works to
her advantage, and there has been a trend for voters to favor more
tough-on-crime policies right now in San Francisco,” says Tamayo-Lee. Voters
there recently passed ballot measures that decreased police oversight, increased
police surveillance, and required people to get drug-tested in order to receive
certain social services.
And then there’s the question of Khojasteh’s youth. Jenkins, 43, is more than a
decade senior. Over the summer, Mission Local’s Eskenazi teased him for trying
to look older than his years by cutting his long hair short and donning “Clark
Kent glasses.” (They’re Garrett Leight.)
Khojasteh doesn't seem fazed. He tells me he did away with his long hair because
he wanted to mark the transition into his 30s. He bought glasses because he
couldn’t see the board during law school, though he soon realized (and embraced)
that fewer people confused him for an intern when he wore them to court.
In fact, Khojasteh sees his youth as a plus. Unlike older politicians with
ambitions for higher office, he says he can afford to stick around San Francisco
as long as it takes to make the city safer, to balance accountability with the
services and compassion that might keep people out of the justice system for
good. There’s “value in me being a young candidate,” he told me before looking
out onto Haight Street and all the people walking by. “I’m committed to San
Francisco—this is my home. And I can be here for a long time.”