Judge Holds Defendant to Answer in Reckless Driving, Meth Case

By Raya Zahdeh

The preliminary hearing for Anthony Carmon Fusaro took place on August 4, 2016, in Department 9 of the Yolo County Courthouse, Judge Janene Beronio presiding.

Mr. Fusaro was pulled over in November of 2015 for reckless driving. Before the preliminary hearing began, the court announced the following stipulations by both parties regarding the defendant: a blood test that showed a positive result for methamphetamine, and three prior convictions that violated parts of the California Vehicle Code.

The court brought Officer Michael Simpson to the stand to give his testimony as a witness for the prosecution.  Officer Simpson stated that he pulled Fusaro over on a highway in Sacramento County after receiving a radio call from a different officer regarding a reckless driver on that highway. Officer Simpson indicated that he confirmed he had pulled over the correct vehicle before proceeding. Officer Simpson also specified that Fusaro had been speeding, at 86 mph, and conducting improper lane changes.

Officer Simpson proceeded to add that the defendant had appeared to be making fast, erratic body movements and that his speech was rapid. These observations led the officer to believe that Fusaro might have been under the influence of drugs.

When Simpson questioned the defendant about his drug use, Fusaro initially stated that he first used drugs 10 years ago. He later changed his answer and stated that he had never used drugs before.

After the officer took Fusaro’s keys and asked him to step out of the vehicle, the defendant admitted to possessing a methamphetamine pipe in his left pocket, which the officer found to be true. Simpson then collected the pipe and conducted a series of field sobriety tests. Furthermore, before conducting the tests, the defendant admitted to using about four to five dollars worth of methamphetamine per day, and considered himself to be an addict. The defendant also later admitted to using three hits of the drug earlier that same day.

Officer Simpson conducted tests such as the horizontal gaze nystagmus (HGN) test, the finger-to-nose test, and a pulse reading. The defendant’s pulse turned out to be 104 beats per minute, which was above the normal range of about 60 to 80 beats per minute. In addition, the officer noted that Fusaro’s hands and fingers were twitching while they were at his sides, and that he could not remain in the starting position required for the sobriety tests. The defendant was also unable to complete the finger-to-nose test and the finger-touch test. Afterward, Officer Simpson arrested the defendant for driving under the influence of methamphetamine. There was no alcohol present in the defendant’s blood test.

The second witness for the prosecution was Sergeant Sam Machado, of the Yolo County Sheriff’s Department.  Sgt. Machado gave a shorter testimony and based his information on his experience with DUI arrests in general. The sergeant stated that it was difficult to determine whether or not the defendant was showing withdrawal symptoms, based on the police report. However, Machado did agree that the defendant must have built up a tolerance to the drug, given that he is a regular or frequent user. He further explained that the increase in tolerance to the drug would require the user to increase the dosage over the years in order to obtain the same results achieved previously.

After the witness testimonies, Judge Beronio set the case for an arraignment hearing on August 19, 2016, at 10 AM in Department 13 of the Yolo County Courthouse.

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