By Isabella Walker
MODESTO, CA – Stanislaus County Superior Court Judge Robert Westbrook denied a motion to reduce a felony to a misdemeanor for two bail agents, charged with abusing their arrest power and negligently using firearms in pursuit of a fugitive.
The prosecutor argued that as agents of law enforcement, the co-accused should be “held to a higher standard” and not be granted a 17(b), or motion to reduce their charges. He stated their decisions to shoot the front tires of the fugitive’s truck to prevent his escape and their failure to notify law enforcement of the events were inexcusable and dangerous.
The defense explained events surrounding the fugitive fleeing were too fast-paced, that the accused believed one of their fellow bail agents was going to be run over by the fugitive’s truck, and therefore made the necessary decision to shoot the front tires of the vehicle to stop it from driving away.
However, their fellow agent moved out of the way before the accused fired four rounds collectively at the vehicle’s tires.
The accused noted they never received training for stopping a vehicle rolling forward and did not have the authorization to fire their firearms at the wheels. According to the prosecutor, the bail agents mismanaged their jobs as bail officers and instead acted as a task force of “bounty hunters.”
After calling a deputy witness to the stand, the deputy district attorney argued that even with the tires being punctured, the vehicle still could have rolled forward on the tire rims. The bullets colliding with “the metal and rubber materials [of the tire] could have created shrapnel” and exploded backward, posing a safety hazard for all parties involved.
The defense attorneys argued the two accused intended to not injure the fugitive and “were concerned about the safety of their fellow officer…in the volatile situation,” and asked the judge to grant a motion to reduce the felony charges to misdemeanors.
Judge Westbrook was informed by the defense one bail agent had “no criminal history other than DUI from 2012 and a misdemeanor conviction… from 2011,” and the other accused a clean record.
The DDA reasoned that a “17b [motion] would be inappropriate…because it was highly negligent conduct,” that the accused bail agents misuse of their firearms is an injustice against the fugitive and law enforcement.
The DDA added that “because the testimony stated that the [accused] only had his sights on the vehicle” and did not look closely enough for his fellow team member, his actions would “indicate he was unaware of his surroundings and fired on an object made of metal.”
Without hesitation, Judge Westbrook denied the motion, concluding “the court finds sufficient evidence to find the charges alleged in the complaint to be true … the defendants are guilty” of inflicting their unprofessional, mismanagement use of firearms against the fugitive when it was deemed unnecessary.
Their arraignments are scheduled for Aug. 3.
