By Danielle Silva
The debate on whether Jeffery Lemus’ terminal illness grants a compassionate release continues.
In 2016, Mr. Lemus was sentenced to seven years after being found guilty of the voluntary manslaughter of Kelly Choate in late 2015. The two men had had a long-standing feud, which ended in Kenny’s Bar & Grill in Woodland with a physical altercation. Mr. Choate, 53 years old at the time, had been stabbed in the chest and killed by Mr. Lemus, 55.
The defense claimed that Mr. Lemus fought under self-defense due to the numerous death threats from Mr. Choate. The prosecution had argued for first-degree murder and second-degree murder. While the jury did not consider his actions premeditated, they believed Mr. Lemus did not show remorse for harming Mr. Choate.
After serving one year of his seven-year sentence, Mr. Lemus has been diagnosed with a terminal illness. Due to this, the defense is arguing for a compassionate release which states an inmate who is expected to live no more than six months may be released from prison and placed in 24-hour care.
The victim’s family has noted their disapproval of Mr. Lemus’ release.
“It’s like he can get his last wishes granted,” Mr. Choate’s daughter shared with KCRA, “And my dad didn’t get that. He didn’t get to die with his loved ones.”
In Department 8 on November 9, 2017, the victim’s family was present in court for the petition, but Mr. Lemus was absent.
Both Deputy District Attorney Kyle Hasapes and Deputy Public Defender Ron Johnson spoke with Judge David W. Reed prior to the review, at the judge’s request.
Mr. Johnson began the review by requesting an extension for the petition. He stated the documents examining Mr. Lemus’s terminal illness needed clarification with the Department of Corrections and Rehabilitation.
The defense asked for more time to specifically work out the discrepancies.
Mr. Hasapes argued against the ruling to postpone the compassionate release review, stating a decision must be given within ten days of the petition being submitted. He also addressed a concern with the current documents, which 
pointed out that Mr. Lemus did not meet the six-month or less requirement.
The prosecution advised the defense to wait until the proper documents are assembled before filing another petition instead of holding out on the current one.
On the contrary, Mr. Johnson stated, Mr. Lemus only has three months to live. The ten-day cut off couldn’t currently have been met due to difficulties with documentation.
Judge David W. Reed granted the request to extend the petition, as he believed both sides should have a right to expand on their arguments. The hearing is scheduled to reconvene on Tuesday, November 21, at 9 am, with the family of the victim intending to be present again.
