By Gracy J.
SACRAMENTO, CA – In a sentencing hearing this past Thursday in Sacramento County Superior Court, Jonathan Lynn McCart’s Assistant Public Defender Mirayla Freshwater asked the court to consider reducing his two felony charges to misdemeanor status because the victim’s injuries were “minor.”
However, because of his past record of violence—going back more than three decades—Deputy District Attorney Aaron Miller argued McCart “needs to be confined for the maximum term that’s allowable under the law.”
The judge agreed.
Back in 1988, the defendant was charged with one of the same felonies he is again being charged with, according to a search of county records, cited by Miller, who said, McCart “got a metal crowbar and hit her (the victim) all over her body.”
Miller added that McCart “grabbed gas from the back of the car, put it all over her clothing and then lit her on fire. She had severe second and third degree burns.” In this previous case, McCart was charged with life imprisonment.
However, as DA Miller stated, the accused was actually “given an opportunity to come back to society” but violated his parole twice and added this new case to his record.
In this most recent case, McCart allegedly strangled the victim for five to 10 seconds with the ability to cause lifelong damages, if not death.
Because of the circumstances of this crime and “seriousness” of his prior one, DA Miller argued “the fact that he got life for that and immediately comes back and is doing the same thing shows that this defendant is the type of person that will never stop doing this.”
After hearing DA Miller speak, Judge Donald J. Currier asked if McCart wished to address the court; he proceeded to do so.
He started out by arguing that “this case right here is a case of dumb and dumber and I guess I was the dumber one out of the two.”
McCart said he felt he has been misrepresented and overcharged because he feels the victim played a role in the violence that occurred.
He then directly addressed DA Miller saying, “This guy right here, I don’t like the way that he talks about me…what happened 20 years ago happened 20 years ago and I have changed my whole life around,” providing examples about how he has changed his life for the better in the past few years since his release.
As emotions rose, he noted that this time could have “escalated way out of control,” implying that the victim’s injuries could have been worse and thus indicating his ability to show restraint unlike in the past.
Judge Currier reminded McCart that he is going to have to live with his history of violence forever, “this is never going away… you have to control your temper regardless of how warranted your air is” when released in the future.
He acknowledged McCart did show some restraint and “applauds” him for not “making it any worse” but regardless, a violent crime was committed and the victim testified in front of a jury who found McCart guilty on both felony charges.
Judge Currier concluded with the “seriousness of the violation and defendant’s history of violence” he was sentenced to the upper term for the crime—eight years in state prison with no eligibility for parole.
