By Edward Garcia
The preliminary hearing for Richard Cruz came to an end this past Friday afternoon. Mr. Cruz will be arraigned November 17, 2017, in relation to a stabbing in Woodland.
The hearing initiated Friday afternoon with the People’s final witness—a detective from the Woodland Police Department.
After taking the stand, the prosecution presented numerous photos of the alleged victim’s stab wounds to the detective, which he readily identified.
The night of the stabbing, the detective testified to meeting with Mr. Cruz in the police station. Mr. Cruz had been arrested sometime after midnight. During the meeting, the detective noted no severe injury, but did notice “a severely swollen left hand.”
In regard to the weapon, he was notified that a knife had been located at the scene, and some semblance of blood was also documented as evidence.
When he arrived on the scene, the detective stated he talked to a friend of the victim who summarized the occurrences. She said sometime around midnight she went to the homeless encampment with the alleged victim. The defendant accused them of being in his spot, which led to a war of words between them. The woman told the detective that Mr. Cruz ended up telling someone in the camp to “shut up or else I’ll kill you.”
After the camp leader offered her a spot, she heard the alleged victim scream. She saw the victim walking away from the camp, followed by the defendant.
During cross-examination, Deputy Public Defender John Sage focused on the state of Mr. Cruz and the alleged victim. The detective explained, after being questioned by Mr. Sage, that he interviewed the victim in the hospital. Because of the administered pain medications, the alleged victim was falling in and out of consciousness.
The detective also explained he did not check whether the alleged victim had methamphetamine in his system. In regard to the defendant’s state, he clarified that Mr. Cruz did tell him he “was 
high as f–,” but he did not seem extremely high.
Switching focus to the knife, the defense counsel asked if the victim positively identified the knife. In response, the detective clarified that the victim had not seen the knife. There was no particular evidence connecting the knife to the case, he stated.
When questioned about the defendant’s interview, the detective stated Mr. Cruz confessed to fearing for his life, and that is why he stabbed the victim with a Swiss army knife, which he then disposed of in a swamp.
The defendant later admitted to lying about these statements.
The People used their redirect to provide the court with medical records. These records contained information regarding the victim’s injuries, which included a fractured rib cage, stab wounds, and a pigtail procedure necessary to keep his lungs from collapsing.
After hearing all the evidence, Judge Paul Richardson asked both counsels to present their arguments.
Beginning with defense counsel, Mr. Sage opened his argument by insisting we did not know who “threw the first punch.”
The alleged victim recalled a series of punches, but Mr. Sage stated that when someone can’t recall the first punch, it is likely because they threw it.
Furthermore, the witness stated he only felt something warm run down his side after he put Mr. Cruz in a headlock. This is in alignment with Mr. Cruz’s statements to the detective. Mr. Sage called this act an “imperfect self-defense,” but this is definitely not an attempted murder.
Perhaps more importantly, since they were both high at the time of the confrontation, this negates any accusation of willful, deliberate, or premeditated intention needed in an attempted murder charge.
The defense counsel stated this “may be attempted voluntary manslaughter,” but not attempted murder.
In conclusion, Mr. Sage affirmed there was insufficient evidence. Because of the drugs, the defense said they “don’t see malice or forethought.”
The People, in response, placed emphasis on the stab wounds during their argument.
“Not one but five stab wounds,” they stated.
To begin, the first wound was in the victim’s chest, and then after being in the headlock, the defendant proceeded to stab the victim four more times. This, the People stated, was an attempt to kill the victim. Mr. Cruz brought a knife to a fist fight.
Premeditation does not take a long time, the prosecution asserted. And if you look at the stab wounds, you get a sense of how serious this act is.
Additionally, the People stated how fleeing the scene demonstrates Mr. Cruz was conscious of the guilt that comes with such an act.
Bringing the argument to a close, the People concluded there was probable cause for a charge of attempted murder.
Weighing the arguments, Judge Richardson stated there was no doubt the defendant would have to answer to a charge of great bodily injury, as evidence of the stab wounds was enough.
Judge Richardson found the circumstances of the confrontation sufficient to demonstrate the willful, deliberate, and premeditated intent required for attempted murder.
Specifically, he highlighted how Mr. Cruz threatened someone in the encampment by saying, “Shut up or else I’ll kill you.”
In this case, Judge Richardson explained, it does not take much time to show willfulness or deliberateness and, by bringing a knife to a fist fight, Mr. Cruz has done this. His self-defense claim loses weight after it was found out he lied, even with both of the individuals being under the influence.
Judge Richardson found probable cause for a count of attempted murder, along with great bodily injury and use of a deadly weapon. Therefore, the defendant will have to answer to these charges.
Bringing the preliminary hearing to a close, the arraignment was set for November 17, 2017, at 8:30 in Department 10.
