By Yenah Lee and Madison Whittemore
WOODLAND, CA – An unhoused man charged with felony vandalism failed to have his charges reduced to a misdemeanor in Yolo County Superior Court Tuesday, although the only evidence was estimated damages assessed by a witness who originally reported the crime after hearing glass shatter.
According to West Sacramento Police Officer Keither Alvord, the accused allegedly smashed the back window of a black 2021 Cadillac Escalade on Nov. 1, 2022, which was parked outside of an equipment company in Sacramento and belonged to the owner of the company.
There was $1,596 in damages, enough to jail the accused on a felony charge.
During Tuesday’s preliminary hearing, after hearing testimony from three West Sacramento Police Officers, Deputy Public Defender Jonathan Opet introduced a motion from the California Penal Code (which would reduce his client’s charges from a felony to a misdemeanor), insisting there was a lack of evidence and probable cause for his client’s case.
According to Officer Alvord, when the car window was smashed, the business owner’s son heard a loud noise and rushed outside to see a man about 50-70 feet away from the car, holding a long rifle that he was supposedly “pumping.”
However, DPD Opet stressed the witness did not actually see the accused smash the car’s window—the accused was merely in close proximity with the car.
“I think there’s an issue of identifying (the accused) as the person who broke the window” the DPD claimed, adding the timing and evidence does not add up because the accused possessed a rifle, yet no projectile was found near the smashed window.
DPD Opet continued, arguing just because the accused was in close proximity to the smashed window is not “sufficient for probable cause at a preliminary hearing,” further citing how looking “suspicious” is also not sufficient for probable cause for the charge.
Furthermore, DPD Opet described the officer’s lack of explanation for the accused’s arrest as additional insufficient evidence.
According to West Sacramento Police Officer Jack Hatton, the accused was resisting arrest after being asked to stop and lie on the ground. The accused asked why Officer Hatton was detaining him but, after being questioned by DPD Opet regarding whether or not he answered the accused’s question, Hatton conceded, “I know I did not.”
Upon rebuttal, Deputy District Attorney Robin Johnson claimed just because there was no projectile found on scene does not mean that the accused did not smash the window with the rifle butt or a pair of nun chucks (which were later found on the accused).
The DDA also cited the accused’s several pending misdemeanors and failures to appear in court, urging Judge Cortés to not reduce the felony vandalism charge to a misdemeanor.
“There’s evidence that (he) caused this damage,” DDA Johnson stated, referring to the four outstanding warrants for similar offenses the accused had on his record, also claiming that despite the accused not having a felony history, his record indicates “violent misdemeanor[s].”
DPD Opet laughed, explaining to Judge Cortés that there is no such thing as a “violent misdemeanor” defined in the law or California Penal Code.
Judge Cortés acknowledged the only facts of the case were a loud noise heard by the witness, no witnesses saw who broke the window, and no projectile was found near the broken window from the rifle seen with the subject leaving the scene.
“There was no evidence that (the accused) was the individual other than he was in proximity to the location,” said Judge Cortés during deliberation.
However, due to the accused’s history of pending misdemeanors (including one charge for resisting public officers), Judge Cortés denied DPD Opet’s request to reduce the felony charge to a misdemeanor.
Instead, Judge Cortés released the accused from custody on supervised own recognizance (SOR) and no bail, with several court-ordered conditions.
The case will remain as is until the arraignment on Sept. 6 where the accused’s other pending cases will also be reviewed.
