By Ibrahim Baig
Jurors heard from the defense on Monday, April 15, concerning charges against Andrew White. Andrew White is allegedly involved in a robbery with the use of a firearm.
Defense attorney James Granucci called some of Andrew White’s family members to the stand. The witnesses include Mr. Hagey, who worked with the defendant, Billy Henderson, White’s cousin, Dorothy Trammull, White’s mother, and Troy Taylor, Billy’s friend.
Mr. Hagey testified that Andrew White was working earlier that day on August 18, 2008. Mr. Hagey had White’s timecard and noted he got off work by 1:00 pm.
The rest of the defense’s witnesses gave a similar account for the day.
Billy Henderson, alongside his friend Troy Taylor, came from southern California to attend the funeral service in Stockton. They met Dorothy Trammull and Andrew White at a church in Stockton.
The three witnesses, Henderson, Taylor, and Trammull, all gave a different estimation of the time they spent at the funeral service. It could have been from an hour to an hour and a half to a few hours.
Afterward, they ate at a Mexican restaurant with other family members. They were there for a few hours. Andrew White was still with his family at this point, although Trammull stated White went home first to change. Shortly after, White met with the rest of the party.
Trammull had to go and drop off her sister at home. She reported that her other son, Alexander White, walked home because the funeral was too much for him.
White followed Henderson to a park. Trammull later met with the rest of the family at a park.
The other three witnesses testified that White was pulling stunts on his motorcycle. Taylor stated that White almost hit Henderson’s truck while they were on the freeway. Contrary to Taylor’s testimony, Henderson and Trammull state White almost hit Henderson’s truck at the park.
Henderson and Taylor say they left before 10 pm from the park. They intended to leave earlier, but the truck had a low battery. This is because Henderson had left the music from the truck playing at the park.
Henderson allowed his truck to sit for a while before attempting to turn it back on. He repeated this cycle of letting his truck sit and turning it on until finally his truck engine started. He and Taylor immediately left for home.
Trammull and White left to go home after Henderson and Taylor left. She went to a gas station where White also went. She put gas into her vehicle and White’s motorcycle. They both went to Trammull’s home.
White had been living with Trammull on and off for a few months. When Trammull had knee surgery, White came to live with her to take care of her.
Alexander White was home when Trammull and Andrew White arrived. Trammull went to her room, took an aspirin for a headache, told the boys to keep the noise level down given they were being rowdy, and reported nodding off by 11 or 11:30 pm.
She could hear the boys speaking in the living room but she could not make out their conversation. She simply asked the boys to keep their noise level down.
In the morning she found Alexander sleeping in the living room and Andrew sleeping in the other bedroom.
Representing for the People, Robin Johnson asked Trammull if she remembered speaking with an investigator about the case. Trammull responded that she does not remember everyone she spoke with or what she talked about. She stated that a lot has happened since 2008.
Jurors can expect to hear closing arguments tomorrow.
Another Multi-Defendant Gang Case
By Antoinnette Borbon
Yesterday in Department 4, the courtroom of the Honorable David Rosenberg, we heard a lengthy preliminary examination in which two defendants are being charged with stabbing a Woodland man, who is known as a gang member. Prosecuting this case is DDA Sulaiman Tohki. For the defense of the older defendant, Rudolph Gonzales, is conflict attorney Jeff Raven, with defense attorney Warden for the younger defendant. Both defendants are allegedly gang members.
Witness for the prosecution was a special officer from the Yolo County Gang Task Force, Joe Perez. He is educated in the field of gang activity and profiling, and has worked on several cases in his years with the Yolo County Sheriff’s Department.
During testimony, he talked about how he uses the profiling system to make sure these defendants were, in fact, gang members, but also stated the defendants had openly admitted to being members of the gang, “Serdanos,” which stands for Southern California. He talked about the specific tattoos gang members put on their bodies for identifying their gang. But he stated he did not actually make a direct examination of Gonzales’ tattoo on his body. He went into the specifics of how gangs gain their reputation and what it entails. In one statement he said, “If a member fails to do what is told, he is considered a weak member, and the more violent the crime, he is shown greater respect.” It was alleged it is somewhat of an initiation to the gang.
Another officer to take the stand for the state was a 9-year patrol officer of Yolo County. He was summoned to a stabbing incident near Dingle Ave. He stated that when he approached the scene, he saw a man holding his neck area, bleeding from what appeared to be a stab wound. Witnesses told him there were two assailants who fled in a maroon Lincoln with a dragging tailpipe. A female witness, and a relative of the victim, stated that a man with a bald head and tattoos got out of the Lincoln and approached her cousin, yelling out gang slurs. She told, in her statement read by the officer, that she tried to get in between them so they could not fight and her cousin did nothing to provoke the man. In her statement, she told the officer on the scene that she saw another younger, bigger man, get out of the car and come around from behind and stab her cousin in the neck. The two male suspects then fled.
Testimony from the gang expert, Perez, displayed how the younger male defendant was holding the weapon while approaching the victim. The weapon was described as a flat screwdriver made into an ice pick, as well as they could describe it from the witness’ account.
In cross-examination, defense attorney Raven asked if there had been pictures of his client’s hands taken at the time of the arrest. The officer stated, “No,” He asked how defendant Gonzales’ hair was on the night of the arrest. The officer could not recall. He seemed to be on a fishing expedition with a few other questions. He asked if the defendant, Gonzales, were stomach down on the ground while being arrested. The officer responded, “Yes.” He asked the officer if any weapons had been found on the defendant’s person or in the vehicle. The officer answered, “No, I do not recall.” Did you find a “blue bandana?” Raven asked, “No, I do not recall,” answered the officer.
Another female witness stated she heard yelling, then saw another male come from behind and stab the victim in the neck. She stated in her statement to police that the victim was backing up as if not wanting to fight. But she could not identify Gonzales for certain.
The gang task force officer, Perez, interviewed the victim at the UCD medical center in Sacramento. He said the victim suffered a stroke and damage to the voice box area of the neck. He set up a camera and audio for the interview and showed pictures of the alleged assailants. He stated the victim was able to identify Gonzales, and the one who stabbed him as being the other defendant. He could not speak well. so he put his hand on the pictures to identify them.
In a later cross by Raven, he asked Perez about the blood alcohol levels of the two defendants and if it had anything to do with this alleged crime. Perez stated, “No, I don’t believe so,” but we did not hear about the levels of intoxication.
In closing argument, Raven expressed to Judge Rosenberg that there was not enough evidence of “willful intent,” for the enhancement charge of attempted murder. But Rosenberg felt there was sufficient evidence provided by the prosecutor, Tohki, to keep the charge.
Judge Rosenberg then discussed a length of time for both parties to discuss a possible plea deal, and agreed to have arraignment on May 20 in Department 4 and see what has transpired between attorneys and defendants by then.
[quote]In closing argument, Raven expressed to Judge Rosenberg that there was not enough evidence of “willful intent,” for the enhancement charge of attempted murder.[/quote]
If stabbing someone in the neck with an icepick isn’t willful intent to murder then what is?