By Audrey Sawyer
WOODLAND, CA — The trial here in Yolo County Superior Court proceeded this week for a man accused of trespassing into a garage before taking a screwdriver and getting into a physical fight with the alleged victim.
The defense noted the alleged victim in the case had given contradictory statements regarding a possible injury to the thumb, although the accused is still charged with assault likely to produce a great bodily injury (felony), battery with serious bodily injury (felony) and burglary (felony).
The accused was arrested June 7 by Davis Police Dept. officers, but Deputy Public Defender Dan Hutchinson told the court that during the June 24 preliminary hearing, the victim’s testimony in front of attorneys and the judge had dramatically shifted, now using language like “I was attacked” and “I was defending myself, my property and my wife.”
DPD Hutchinson contrasted that with a statement earlier from the named victim, who had said when he saw the accused hiding behind a tree, “I was furious, outraged, and pissed. I had no fear.”
Regarding injuries shown in pictures to the court, the defense said the victim had eight stitches and a cut on his thumb, and noted he did not need emergency personnel.
Two weeks after the emergency room visit, the doctor said his thumb was fully healed and the victim had full movement in the thumb. DPD Hutchinson argues the victim had told the court he has numbness in the thumb, which contradicts what was said by his doctors.
Another concern echoed by DPD Hutchinson was that the victim had a “loop recorder” to monitor his heart, and testified under oath the accused had “struck him” in that area to damage the recorder, which would have resulted in the recorder being removed. The DPD said that was “pure speculation” and while his doctor still told him that it was impossible, the victim “still testified to it in court.”
While DPD Hutchinson admitted the accused had no right to go into the garage, and no right to take the screwdriver, and he might be guilty of a 2nd degree burglary, the DPD argued the accused experienced a “beating of a lifetime” for doing so.
DPD Hutchinson said, “Evidence will show that he (accused) somehow managed to stay on his feet and walk away. It reflects that he is a physically strong man. He is not a violent man. Whether you believe he deserved the beating, he did not assault anyone, he is not guilty of all other charges against him.”
An officer who testified later said the victim had seemed under significant distress when the officer arrived.
Body camera footage was shown of the interaction between the officer and the victim, but there was a portion of the footage which had “skips” where it would be cut out.
The victim said he had heard noise coming from the garage, and went to investigate. The victim then began to beat the accused after questioning what he was doing in the garage.
According to the footage, the accused was in possession of the screwdriver, whereas the victim was using a Maglite. After the alleged victim was “beating the accused with the Maglite,” the accused began to swing the screwdriver, which is how there may have been contact to the victim’s thumb.
It was also noted by the defense that the victim said that he believed that the accused had hit him “a couple of times with a closed fist.” The victim had also told officers that he was considering throwing the accused into his pool, but had decided against it.
The jury trial is ongoing in Dept 9.
