By Lauren Smith
SACRAMENTO – In an emotional outburst at his plea hearing here in Sacramento County Superior Court Wednesday, defendant Andrew Nicora loudly complained about the facts of his case involving an alleged carjacking as detailed by Deputy District Attorney Adrianne McMillan.
DDA McMillan stated that on March 27 Nicora stole a bike from the alleged victims’ truck bed. One victim exited the driver’s side of the truck and confronted Nicora; however, he would “not let go of the bike when the victim tried to pull it away.”
The driver yelled for her husband to help her, so he also exited the vehicle. After successfully wrestling the bike away from the defendant, the defendant “ran around the truck into the driver’s seat.”
A physical fight ensued as the victims tried to get Nicora out of the driver’s seat.
Interrupting DDA McMillan’s factual basis, defendant Nicora exclaimed, “Oh my god! [He’s] lying. That’s not what happened. I never touched them. It’s awful. I never took their bike. The guy mugged me on the street and stole my bike.”
Sobbing, he continued to tell the court, “I understand there are victims in the case, but I never attacked them. I know that I did something wrong, I was in the driver’s seat, but I never attacked any of them.”
Defense Attorney Nelson stated that at the time the attempted carjacking occurred, the defendant “was under the influence of drugs so his memories of these [events] may be a little different than the people who were there and experiencing [events] there.”
He further stated, “I think his reaction to what Ms. McMillan said is heartfelt, but he’s not the best historian here.”
After Nicora’s protest and a further explanation by the defense, Judge Steve White stated, “I think you are realizing the magnitude of what you’ve done and the consequences…hopefully after your drug program, you will right your life and you won’t ever be in trouble with the criminal justice system again—but that is up to you Mr. Nicora.”
In exchange for his guilty plea to attempted carjacking, Nicora will spend two years in a “rigorous” and “intensive” drug rehabilitation program.
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