By Audrey Sawyer
MODESTO, CA – A man facing charges of domestic violence here in Stanislaus Superior Court this week dodged another charge for being a felon with a firearm when the “system” misidentified him as the owner of a firearm, instead of the real owner with a similar name and same birth date.
The mix-up had delayed the sentencing date in order to establish who actually owned the firearm, after the accused went to the sheriff’s department when it ran his name and date of birth, and appeared to find a firearm connected to him.
But, it was subsequently learned there was actually another individual with the same first and last name and matching date of birth, but with a different middle name, and that other individual is the actual owner of the firearm.
According to Deputy Public Defender Grayson Wolf, when Prop. 63 query (which states those who have been affiliated with serious crimes must give up any firearms to local law enforcement or dispose of them by selling to a licensed arms dealer) was sent with the middle name to run, the hit alleged that it was still a firearm registered to him (the accused).
DPD Wolf stated that the accused is willing to swear to that under oath.
Judge Robert Westbrook asked the accused if he currently owned, possessed, or had any firearms registered to him, to which the accused replied, “I’ve been a felon since 1985. There is no way that I could have any firearms.”
At this, Judge Westbrook admitted that sometimes the court makes mistakes, and that he accepts the statement made by the accused.
On the original domestic violence charge, the accused was given three years of informal probation and 62 days in the county jail, enrollment in a veteran’s treatment community service program, and domestic violence courses. A delayed surrender gave the accused a shot at applying to an alternate work program, rather than having to spend time in jail.
The accused must also stay away from the victim and have no contact either electronically or in person, near or around her home, place of employment. One exception noted he be allowed some variation of peaceful contact in exchange for court visitation, and in circumstances involving their shared children.
Fees include a $500 domestic violence shelter fund fine and $150 for state restitution. The accused is now out on probation with his bail exonerated.
