By Hannah Blome
SACRAMENTO – In a preliminary hearing here in Sacramento County Superior Court this week, Judge Stephen Acquisto determined there was sufficient evidence to suggest defendant Tram Tracy Nguyen, 20, was aware of the firearms, ammunition, and narcotics in her closet that she shares with her boyfriend.
Detectives searched her house on January 8, 2020. Her felony charges are unlawful possession of narcotics and a loaded firearm and alleged illegal transfer of a firearm, among six counts. Counts 3 to 6 are misdemeanors.
Deputy District Attorney Brandon Jack called on his first witness, Sacramento Police Officer Marcel Loriaux, who said, “We first came on scene to do a knock and talk kind of situation and there was no answer at the door at all. We left the residence, talked to neighbors, and then waited for officers to come for a safe entry, so it must have been several minutes, maybe up to an hour.”
Loriaux identified Nguyen in one of the Zoom screens, and then told the court that he searched Nguyen’s room, and found a plethora of illegal possessions in the closet.
“There were two firearms, handguns—they were Glocks, located in that closet, as well as multiple boxes. Rounds of firearms, magazines with firearms, a safe and holsters.” Loriaux said.
“Going back to the closet in which the guns and ammunition were found, you mentioned there was clothing,” said Jack. “Do you know if the clothing was associated with males or females or both?” Jack asked.
“I found that the clothing belonged to both male and female.” said Officer Loriaux, who said that “above the closet door, pictures of the defendant and her boyfriend indicated that the closet housing unlawful possessions was shared between the two. An electricity bill in the bedroom had the defendant’s name on it.
“There was a baggie that contained six pink rectangular pills.” said Loriaux. “Based on my knowledge and experience of narcotics, with doing NarcTec Testing, I identified those pills as ecstasy or MDMA. There was another baggie containing a small amount of a white powdered substance, based on my training experience and NarcTec testing the substance, it returned positive for cocaine.”
The officer did say, “She did not have any registered firearms in her name. At the time of the contact, January of 2020, I believe she was 20 years old.”
Loriaux conducted a records check for the defendant’s boyfriend and found no legal firearms under his name, either, considering he is 19 years old. One of the firearms was registered as stolen.
Defense Attorney Brooks Parfitt questioned Officer Loriaux next, asking Loriaux if evidence indicated that the firearms found in the defendant’s closet were specifically Glocks, and whether the defendant expressed awareness of the guns.
“I believe based on the gun case, printed with the ‘G’ logo.” said Loriaux. “I don’t know how much she knows about firearms, so I don’t want to speculate as to how she would know or not know that it was a gun case.”
Parfitt’s argument relied on an inference that the defendant was unaware of the firearms in her shared bedroom. He questioned which side of the closet the guns were found on. When Loriaux recalled that the guns were on the left side of the closet, Parfitt reminded the court that the left side of the closet was primarily male clothing.
Parfitt questioned the detective’s identification of the narcotics on the defendant’s dresser. He referred to Officer Loriaux’s testimony as “hearsay” when Loriaux disclosed he utilized a website, www.drugsdata.org, to identify the narcotics.
“I don’t have any further questions for this detective, but I am going to object to the identification of the MDMA and the cocaine, based on a lack of information and hearsay,” said Parfitt.
Judge Acquisto overruled Parfitt’s objection.
“There is no evidence here that Miss Nguyen knew of the guns.” said Parfitt. “I think she didn’t know about the guns. That’s my argument. If she knew of the presence of the guns, the People have to prove possession, that Miss Nguyen intended to exercise dominion or control over the guns. If I take a gun and put it right up here next to you on the bench, your honor, that doesn’t mean you’re in possession of the gun. You know it’s there, yes, but does that mean you intend to exercise dominion or control over it? No.”
Prosecutor Brandon Jack had his own story, noting that “Miss Nguyen didn’t answer her door when officers knocked and announced themselves multiple times.” he said. “I think that goes to show that Miss Nguyen was not willing to cooperate, and I think it shows some consciousness of guilt that she possessed something illegal.”
Jack asserted that the guns were in plain view in the closet, and the ammunition was found in a purse. Thus, Jack argued, there is more than enough evidence to suggest the defendant was aware of the firearms in the closet.
“Mr. Jack argues that the fact that she didn’t answer the door was consciousness of guilt.” replied Parfitt. “It’s a consensual encounter, as far as she knows. The fact that she doesn’t answer the door, or asserts her right to not answer the door, I don’t think that’s consciousness of guilt. But even if it is, it’s consciousness of guilt as to the drugs, not the firearms.”
Parfitt reminded the court that there needs to be independent evidence on each count to prove the defendant guilty. He asserted that there is no independent evidence other than inferences from the first two counts to prove Miss Nguyen was aware of the stolen firearm.
Ultimately, the judge found sufficient evidence to hold the defendant to answer on Counts 1, 4 and 5 at her hearing scheduled for March 29.
Hannah Blome is a third year Political Science major at UC Davis, pursuing a double minor in Professional Writing and Logic Philosophy. She is originally from San Diego, CA.
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