Man Acquitted on Felony Battery of Police Officer, Convicted on Misdemeanor Charges

by Antoinnette Borbon

The verdict came in Monday morning in the case against (a defendant), who faced seven felony charges, the worst being felony battery on a police officer, evading police and assault on a nurse. The other charges included reckless driving.

The jury would acquit (a defendant) of all the felony charges and instead find him guilty on misdemeanor charges of resisting or delaying a police officer, and resisting or obstructing a police officer.

On Friday, two powerful closing arguments set the stage for what would be a pretty short deliberation. Deputy DA Rob Gorman led the jurors down a path of belief that the defendant had tried to fool the defense and jurors with a story of delusions. DDA Gorman said it was a delusion which changed, from his statements to police and to the defense’s doctor, who completed the evaluation on (a defendant).

During closing arguments, Mr. Gorman argued that the defendant used willful intent and had a lack of concern while driving at excessive speeds, up to 105 mph, for more than 21 miles. He stated the defendant knew the cops were there, knew they were trying to stop him and he did not care. (a defendant), he argued, kept on driving with wanton recklessness, putting others on the road in danger.

Mr. Gorman said the explanation given about the delusions had changed from what (a defendant) had told the police, to the story given by the defense’s hired doctor. He told the jurors not to be fooled by the defendant’s story. He directed them to read the testimony of the officers and that of the doctor, pleading with the jury, “Do not be fooled.”

Mr. Gorman talked about the proof of injury on the officers, arguing that the defense was implying that Officer Anderson was merely trying to get a worker’s compensation case.

Mr. Gorman stated, “Defense’s line of questioning was geared to make you think it was an attempt to claim compensation by Officer Anderson.”

(a defendant) had told the officers he was scared of being killed by people who were chasing him, not pulling over until he felt it was safe to do so.  DDA Gorman kept stating, “Crazy like a fox, story,” asserting that (a defendant) was a fake and that his story was made up to get out of the charges.

Mr. Gorman, throwing up his hands, asked the jurors, “Really?” before sending them off to deliberate the verdict.

But Deputy Public Defender Dan Hutchinson’s closing must have carried the greater weight in convincing the jurors that the delusions were indeed real.  Backing up the defense’s case, the prosecution’s own witnesses did describe (a defendant) as appearing to have a mental disorder, with (a defendant) blabbering on and on, making little sense and even proclaiming to be “God” to Officer Anderson.

Mr. Hutchinson told the story of a man who had been up for three days, coming down off a meth high, and because of this, he became delusional. Mr. Hutchinson says (a defendant) was not evading the officers, but rather fleeing from people he believed were in pursuit to kill him.

(a defendant), he argued, was an owner of a heating/air conditioning business but made some poor decisions.  The prosecution contended (a defendant) story is not “true,” but Mr. Hutchinson countered, going into the testimony of Dr. Rohrer and her findings after doing a lengthy evaluation on the defendant.

He noted that the doctor had testified about administering specific tests to properly diagnose the defendant, and that she had concluded it was a drug-induced delusional disorder.  Mr. Hutchinson asked the jurors, “Why didn’t the state hire their own expert if they did not believe the findings?”

Mr. Hutchinson then proceeded to attack the closing arguments by the prosecutor, arguing that the state “wants you to believe the delusions are fake but the stories told to both the doctor and CHP officers that night are really not that different.”

He explained the term “malingering,” and how it was not possible for (a defendant) to have done this during the chase or the actions after being arrested. He brought up the low-level IQ of the defendant and noted the testimony by Dr. Rohrer, who testified that there was no way (a defendant) could be faking, as the prosecution contended.

In the end, (a defendant) walked away with only misdemeanors on four charges: three of resisting or delaying an officer, and a lesser battery charge.

He will be sentenced on those charges on August 23.

Mings Trial Set To Begin On the Special Findings Part of Attempted Murder Conviction

by Antoinnette Borbon

Sporting a goatee, James Mings was brought back into court Thursday  for a brief hearing in regard to setting a date for trial. James Mings has been convicted of attempted murder in the death of his friend Kevin Seery.

Mr. Seery had been ill and had pled with friends to help end his life. Mr. Mings, who had recently met Seery, gave in, asserting it was an act of charity. Mr. Mings attempted to end his friend’s suffering.

During trial, evidence revealed it was merely an attempt at murder, and that James Mings was not responsible for the actual death of Kevin Seery.

In the lengthy trial in May of this year, James Mings was convicted of attempted murder by a jury of his peers, but they hung on the special findings of the premeditation part of the verdict. Deputy Public Defender Dan Hutchinson stated in his closing arguments to the jurors, “No matter what, my client is walking away a felon,” understanding his client, through his own confession, would be charged with a felony. But it would not be the felony conviction the state desired, with their grand jury indictment of murder in the first degree.

It was a tough case for jurors, as they asked several questions during deliberations and took three-plus days to decide on a verdict, leaving it hung on the premeditation element.

Before a new date was set, we learned that Mr. Hutchinson had filed a motion to dismiss the penalty allegations. Judge Timothy Fall denied his motions and set the new trial to begin on October 15th of this year.

For Mr. Mings, this has been a long wait. He  was arrested back in 2011. If convicted of the special findings, the premeditation charge, he could get the high term of 9 years to life. He has already served 2 years in the custody of Yolo County.

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