By Noe Herrera
VENTURA, CA – Judge Bruce Young heard the pros and cons of reducing charges and eliminating jail time for a man here Tuesday in Ventura County Superior Court who’s been accused of vandalism, identity theft and possession of drugs.
The judge decided the best deal he could see would be not probation, but four years in prison for Walter Covarrubias, who has pleaded not guilty to vandalism with more than $400 in property damages.
The suspect’s charge was enhanced because he was convicted of a “serious or violent felony” before and was on his second strike, and Covarrubias could receive “double the normal maximum sentence for [his] crime.” if he is convicted.
The district attorney’s office offered a plea deal to Covarrubias, but Deputy Public Defender Russell Baker was not satisfied with the terms and requested an early disposition conference.
Judge Young considered that Covarrubias’ vandalism crime was “not the major issue compared to the previous strike offenses” in 1993 and 2005. In 2005, Covarrubias was convicted for inflicting injury on his spouse, but he was not given a second strike for that criminal offense.
Deputy District Attorney Rameen Minoui emphasized that Covarrubias was found in a hotel parking lot with stolen mail, printers, copier, “metal knuckles,” and drug paraphernalia.
Minoui emphasized Covarrubias’ past as a “two striker” and his affiliation with the “Crazy Boys [gang] from Santa Paula.”
He noted Covarrubias was convicted for shooting at rival gang members in 1993 when he was given his first strike. Minoui also referenced Covarrubias’ arrest in 2017 when he was also found with fraudulent checks but was again not given a strike.
Minoui said “Covarrubias was successful on at least two occasions (cashing) those checks…here we are with essentially the exact same thing… so the People’s offer, considering [Covarrubias’] recidivism and inability to rehabilitate, is to impose a strike on this offense.”
According to DDA Minoui, if Covarrubias were to be convicted, he would face four years in prison. The judge agreed.
PD Baker requested a “probation offer” instead, considering that Covarrubias’ prior cases “were quite old, adding “[Covarrubias] was very young and he dropped out of the [Crazy Boys] gang so he no longer has gang affiliations.”
Baker continued, “What was the loss [in this case]? I did not see any description of any actual loss. By my review, there were two named victims who contacted law enforcement but neither stated they experienced any loss at all,” adding there were no reports of violence which had been crimes Covarrubias struggled with in the past.
Baker also added what he believed to be “new and significant information.”
He said Covarrubias “told me something very sad. He told me that he had been sexually assaulted when he was 12 years old by the priest at his church. He was also sexually assaulted twice by the priest when he was 13.” These traumatic events led Covarrubias to use heroin and to a life of crime, according to Baker.
DDA Minoui countered that a strike had been removed in 2017 already and that “I don’t think anything less than three years is appropriate under the circumstances.”
The judge ruled that “Covarrubias is in his late 40s and I am sorry to hear about his past but it seems he never righted his ship.” Judge Young suggested, “No probation, four years, both strikes stricken.
“I understand there was no financial loss” but “there was certainly an emotional loss” that “could potentially wreak havoc on the people,” Judge Young concluded.
The case is ongoing since the plea offer was rejected.
