by Samantha Romero
The preliminary hearing for defendant Kyle Clay Fowler began Wednesday afternoon in Department 13.
The first witness called by the People was Night Watch Security’s private security guard, “DB.” DB’s duties include checking in with tenants, checking parking lots for any broken windows or anything suspicious, and basically being the “eyes and ears of the property.”
On January 8, 2018, around 5 p.m., DB was assigned to patrol the Woodland Crossroads neighborhood in Woodland. Near Tractor Supply Company, DB was patrolling on foot when he came across a man making odd arm motions near a motor scooter.
The suspicious individual was leaning against a motorcycle with a “For Sale” sign attached, near the front of the tractor supply store with his elbows out and both arms up. As DB approached the individual, the witness noticed bolt cutters in the hands of the suspect. Occurring only in a matter of seconds, DB quickly identified himself as security and told him the equipment was not his and that he was stealing it.
DB identified the man as Mr. Fowler, the defendant.
DB claimed that the defendant then stood up and told the security guard to “get away from (him).” Mr. Fowler allegedly lunged at the witness and threatened to “stab (his) fat ass.” DB 
responded to the threat by pushing Mr. Fowler away. They both hit the ground, but an unknown citizen intervened and helped DB handcuff the defendant as the store manager called 911.
When asked by the People why he believed Mr. Fowler was in fact going to stab him, DB explained that the defendant had his hands in his pockets and jerked his hand at the witness when he threatened to stab him.
The defense attorney cross-examined the witness, asking him to go over his recollection from the beginning as he compared it to the filed police report. The defense attorney questioned whether the security guard could have had a different approach to the situation.
The defense asked if his training by Night Watch Security taught him to calm the suspect without using physical force, as a means to deescalate the situation. DB assured the defense that he did not want to use physical force because he was spooked and just wanted to go home safely to see his kids.
For his closing statement, the defense attorney stated that the testimony by the witness was not in accordance with the police report. In addition, the defense asked the court to reduce the charges because Mr. Fowler only had misdemeanors and failures to report to court on his rap sheet.
However, the prosecutor concluded that Mr. Fowler’s record demonstrates that he is a “clear threat” and poses a public safety hazard. Mr. Fowler did not make a one-time threat to the security guard and the prosecution reminded the court that the defendant’s actions of lunging made his intent clear.
He was a danger not only to the security guard, but is also to the average citizen, the prosecutor argued.
Judge Paul K. Richardson would not reduce the charges.
Judge Richardson did not feel at all inclined to do reduce the charges, saying Mr. Fowler is a threat to the community. He believes that Mr. Fowler attempted to steal the motor scooter based on his behavior, actions, and words used.
Judge Richardson noted how it was even worse how the defendant could make such an attempt with customers still inside the store, which could have put them in danger.
The judge concluded that after Mr. Fowler’s 14 cases of petty theft, it is “obvious that the defendant has a problem.”
Mr. Fowler’s arraignment is scheduled for March 1 at 10 a.m. in Department 13.
