By Rafiya Naqvi
FRESNO – Earlier this week, Fernando Andrade Sanchez appeared in a Fresno County courtroom for what could be his 13th driving under the influence conviction, after driving a pickup truck into a parked vehicle and engaging in a physical altercation with its passengers.
This unorthodox arraignment process began with an outburst of frustration from Judge Jon Kapetan when the case documents were sent to the incorrect department over confusion surrounding the defendant’s last name.
“How the hell did he get into.. You know what, I’m not gonna get into that,” Kapetan said.
Shortly after, Deputy District Attorney Steven Robert Ueltzen described the details of the altercation. The defendant allegedly drove away from the scene to park his car elsewhere after hitting the parked vehicle, which prompted the driver of the damaged vehicle along with its passenger to follow him on foot.
According to DDA Ueltzen, the situation escalated when the passenger began to take photos of Sanchez and his car, which resulted in the defendant reportedly grabbing her by the wrist to hold her phone and dragging her while he continued to drive the vehicle.
After the victim was released, the defendant was said to have fled the scene. Law enforcement came into contact with Sanchez at his residence after the incident and it was recorded that he had a blood alcohol concentration (BAC) of .20 percent.
“Hey, can I ask you a question,” Judge Kapetan interjected, “What are you guys doing over in your (DA) office? This was filed as a misdemeanor first?”
“Your honor, none of his prior DUI convictions are within the 10 year window,” Ueltzen responded in justification.
“She was dragged by the car” the judge reiterated. “Huh, and you guys filed a misdemeanor?” Kapetan questioned.
Ueltzen proceeded to explain that it was the police department that initially filed the offenses as a misdemeanor and that his department conducted its own investigation, but he was interrupted by Judge Kapetan who claimed he had “heard enough” and he shifted the court’s attention over to the defense.
Sanchez, represented by private defense attorney Martin Taleisnik, pleaded not guilty to the five charges he faced, including: driving under the influence of alcohol above the legal limit, battery, hit and run and property damage, and driving while suspended for a previous offense for driving under the influence.
Taleisnik asked that in the “worst case” if the court decided to remand, that it be on statutory bail. “I would suggest to the court that his prior history is old as far as DUI history” Taleisnik argued, and urged the court to consider addressing any “concerns” through pretrial services with probation and AA meetings.
“He works full time as a landscaper, has good attendance and is a valuable employee,” Taleisnik said, and provided a letter from the defendant’s employer as evidence of his good work ethic. He also explained that Sanchez disagreed with the contents of the police report, particularly where it stated that the car moved approximately 10 ft. at 10 miles an hour while dragging one of the victims.
Despite the efforts of the defense, Judge Kapetan ruled, “In this court’s opinion, there is no way that pretrial release will protect society. I find that he is an extreme danger to society based upon the allegations contained therein as well as the fact that he has 12 prior DUIs.”
Kapetan made the decision to deviate from the scheduled bail amount based on this belief and bail was set at $500,000.
“I’m gonna direct set this for prelim,” the judge said, setting the hearing for Aug. 27 at 8:30 a.m. in Dept. 33.
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