By Nickolas Kwok
SACRAMENTO – Sacramento County Superior Court Judge Patrick Marlette admitted here this week he was baffled by the stance taken by Deputy District Attorney Ashley Pane, who didn’t have an offer for sentencing in a vehicular manslaughter case involving defendant Demetrius Lewis.
This led to a somewhat lengthy, pointed exchange between the judge and DDA Pane.
Judge Marlette bluntly stated, “It’s amazing to me that cases in which somebody is killed, is an exception to that rule,” referring to how the government will usually always take a strong position whether it be a case on animal abuse or theft.
Marlette also questioned why this case was not handled at Veterans Court. Defense Attorney Keith Staten replied that they chose not to do anything because the case involved a death.
Lewis, who is a veteran, would normally qualify for Veterans Treatment Court. This court was created to handle the specific issues that may arise from veterans who may be handling PTSD or other issues as a result of being in the military.
Judge Marlette also asked why there has been little or no interaction with the victim’s family in this process.
In response, DDA Pane replied, “My thoughts are that they are tired of the process,” adding that the victim’s family “already had four children and the children actually lost their father to homicide years back.” Pane claimed that because of this past homicide the family was very tired of the court process and that is why they were no longer interacting in this case.
Pane also said the family may be wary of going to court again because this case has already lasted for two and one-half years.
This led back to the discussion over the sentencing, with Pane arguing “if your honor is giving any sort of court offer after reviewing all the information that we would put this out for a victim impact statement and probation record. That would be my request.”
Replying to Pane, Judge Marlette questioned what the District Attorney would respond with if the court were to give a probation. Pane responded that they would be opposed to that ruling.
This once again brought back frustration for Judge Marlette as he stated, “If you guys think that this is worth 10 years in state prison, you need to stand up and say something (or else) when it comes time for sentencing, your objection to whatever the court feels is appropriate is going to fall on deaf ears.”
Judge Marlette also noted that it sounded like a policy for the district attorney as the previous case he heard also deferred to the court’s decision.
The DDA said that the DA’s office would defer to the court and respect whatever decision the court deems appropriate.
In response, Judge Marlette suggested sentencing in the future may not be in agreement with the district attorney, noting defendant Lewis has gone through rehabilitation and has been doing much community service for the past two and one-half years, and he was also a veteran who served for at least a decade.
DDA Pane said she would have to speak with her supervisor about the case in order to obtain a better response, and would try to reach out again to the victim’s family.
Defense counsel Staten wanted to take a couple weeks to speak with Lewis, who is not in Sacramento currently.
The next court date is Jan. 11 at 8:30 a.m.
Nick is a second year at UC Davis, double majoring in English and Asian American Studies. He is from Diamond Bar, CA (LA County)
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