By Cailin Garcia
SACRAMENTO — The first offer made to a defendant is, according to most defense lawyers, not the best offer. But there is usually some kind of offer made to avoid costly trials—about 97 percent of criminal cases in the state end via plea deal.
However, in Floyd Ward’s case, the district attorney had no offer. And that stunned the judge as much as anyone else.
When Defendant Ward appeared in Sacramento County Superior Court last week for a settlement conference, Judge Patrick Marlette was quite surprised—and said so—when Deputy District Attorney Mitch Miller informed him that the People did not intend to offer any deals to Ward.
It may be who the “victim” is—in this case, a peace officer.
Floyd is charged, after an interaction with a Citrus Heights police officer, with a felony criminal threats count, and a misdemeanor for using an electronic device (a phone) to contact someone with the intent to annoy or threaten injury.
Judge Marlette began the court meeting by asking what the DDA intended to offer Ward regarding a possible plea deal. Miller told him that there were no plans to make any offers to Ward at this 
time.
“What? There should always be an offer,” said Judge Marlette.
“Are we on YouTube?” asked Miller before responding. “The basic gist is that I have been told that at this time we have no offer.”
Judge Marlette was visibly surprised by Miller’s response and asked for more background on Ward’s case.
Miller explained that the alleged victim is a police officer with the Citrus Heights police department. Her first interaction with Ward happened while she was responding to a call for service.
“The defendant started yelling obscenities at her. A minor altercation occurred. It wasn’t physical but it got very close to being physical for the victim,” Miller stated.
As a result of this alleged altercation, Ward was handcuffed and taken into custody under CA Welfare and Institutions Code section 5150. The officer claims that Ward has continuously harassed her and the department since his release.
“Since then, the defendant has called the Citrus Heights police department numerous times, over 30 times. He has managed to get the victim’s work email and phone. He calls the victim and tells her to kill herself and that she will be condemned as much as possible. He sends the victim threatening emails,” said Miller.
The officer also claims that Ward doxed her by posting her personal information on his social media page and stated that she should “suffer the consequences of her actions.”
Miller also stated that Ward has been harassing 911 dispatchers, allegedly phoning 911 around 10 times a week for the past four months. Ward has been accused of calling the dispatchers vulgar names and making threats that “a domestic terrorist will come and kill them.”
“The victim does believe that the defendant is capable of carrying out threats should they meet in person,” said Miller.
After hearing more details, Judge Marlette still seemed confused as to why Ward was not being offered a potential settlement.
“Have you considered that if Mr. Ward is sent to prison, he will be out and fairly unsupervised after his term?” Judge Marlette asked Miller. “But if you put him on probation for a year in custody and suspend the maximum over his head, he will be supervised for a year and if he ever violates the very strict conditions it would be a non-jury preponderance of the evidence for whatever the maximum of state prison is.
“Don’t you want to run that by your victim? I know what I’d want,” the judge continued.
“Judge, just to be candid with the court, those discussions are happening far above me. I can’t tell you whether or not that option has been discussed, I just know that in closed-door discussions above me those discussions are happening,” Miller responded.
“Well if you would send that up the pipeline, I would appreciate it. I understand going hard on somebody, but there’s very practical aspects I hope don’t get overlooked. That’s the end of my speech,” finished Judge Marlette.
Ward will be returning to court on Oct. 6, 2020, for a preliminary hearing.
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