By Annika Sial and Alex Jimenez
SACRAMENTO, CA – A Sacramento County Superior Court judge reduced felony charges to misdemeanors at a preliminary hearing here Monday after two Sacramento men pleaded not guilty to joyriding.
But the hearing proceeded against one defendant’s wishes.
And the judge appeared to have a better grasp on used car values than police officers.
On Feb. 8, after seeing a man in a vehicle which she believed he did not own, a storage facility manager heard the vehicle’s engine starting and called the police. 
Police arrived at the scene to find a black Ford Mustang convertible with a one foot long hole cut into the ceiling of its soft roof, its ignition “punched,” and rims freshly cleaned.
Police found, identified, and detained defendants Dennis Emerson Tidwell, Jr., and Travis Eugene Wagner on the storage facility premises after witnesses identified them as suspects. Tidwell and Wagner were arrested and charged with the unlawful taking or driving of a vehicle.
Tidwell and Wagner were seen in court on Monday, but, according to Wagner’s Assistant Public Defender Jo Ann Virata, Wagner did not want the case to proceed.
Wagner was preliminarily accepted to a drug re-entry program but is unable to attend because the case is ongoing, said Virata.
PD Virata added that, for the duration of the case, Wagner has voluntarily relocated to a residential rehabilitation program.
Deputy District Attorney Jordan Avey brought three police officers to testify about Tidwell and Wagner’s arrests.
Avey’s first witness, Officer Alexander Davis, testified that the storage facility owner reported seeing Tidwell outside the vehicle and Wagner in the driver’s seat. The owner observed that Wagner seemed to be doing something to the steering wheel, Davis said.
The prosecution called Officer Adam Korzeniewski, who recalled the report of “two adult males” attempting to steal a black Ford Mustang. Avey proceeded to question Officer Korzeniewski about the description that was given by the dispatcher.
The officer referenced his report, citing the description to be a “male white adult wearing all black clothing” and a “black male adult wearing all black clothing.”
Korzeniewski was told by a witness to look at the storage unit where he found the white male, and the officer then confirmed that the suspect matching the description was indeed Tidwell.
The defense attorney for Tidwell, private attorney Kevin Mighetto, pressed the officer on his description of Tidwell, asking about the color of the backpack he was carrying and the type of jeans that the defendant was wearing on the day in question.
DDA Avery objected on the grounds that the matter was irrelevant, which the judge overruled.
It was later revealed that Tidwell did not run away from officers and stated that he “did not know it was stolen,” referring to the black Mustang.
Mighetto described how Tidwell advised the officers of the location of Wagner’s storage unit. Although the officer could not confirm the specific details, he did confirm that Tidwell did “try to help us find him (Wagner) in the storage container.”
The hearing proceeded to the witness testimony of Officer Logan Howard, who testified to the condition of the 1995 black Ford Mustang. Both defense attorneys questioned the condition and valuation of the vehicle, in which officer Howard used Kelley Blue Book to value the vehicle at $2,400.
In the cross-examination, it was determined that the discovery of a new battery meant that “the potential thieves were trying to install a new battery to start the vehicle.”
Considering the fact that the suspects had pumped the tires, the need for a functioning battery, and considering the amount of time the vehicle had been in storage, the car’s value could be lower than the $2,400 evaluation, it was determined.
Attorney Mighetto suggested the value range of the vehicle lies between $700-$2,400 depending on the condition, make, model and year.
Furthermore, Mighetto also attempted to question the condition of the engine and how that would devalue the vehicle, to which DDA Avey objected to “false speculation (and) improper opinion,” which was sustained by the judge.
In light of the evidence presented by the officers’ testimony,” specifically related to the issue of value, the court considered reducing the charges to a misdemeanor. Citing the testimony of Officer Logan, the court said that the evaluation range falls “below the $950 threshold for a finding of a felony.”
Mighetto added that the officer testified “he is no expert” in Ford Mustangs, and the fact that the engine was not considered in the evaluation meant that the court consider a value at the lower end.
DDA Avey responded by noting neither the deflated tires nor the need to charge a battery would devalue the vehicle to that extent, and the range would most likely fall between the $950 to $2,400 dollar range.
The judge sided with the defense and agreed to reduce the charges to misdemeanors. Formal arraignment was waived by both Tidwell and Wagner.
A jury trial for this matter was set for July 26.
Annika Sial is a senior at UCLA, majoring in English and minoring in Conservation Biology. She is from Orange County, CA.
Alex Jimenez is a 4th year Political Science major at the University of California, Berkeley. He has future aspirations to attend law school and is from Pleasanton, CA.
To sign up for our new newsletter – Everyday Injustice – https://tinyurl.com/yyultcf9
Support our work – to become a sustaining at $5 – $10- $25 per month hit the link:
