By Cheyenne Galloway
MODESTO, CA – Stanislaus County Superior Court Judge Kellee C. Westbrook late last week here denied bail review, sending an accused back to jail after characterizing him as a risk to the community and his family.
The alleged victim maintained her request for a complete stay-away order, although Deputy Public Defender Cassady Toles argued for a bail review and a potential own recognizance release for the accused.
DPD Toles stated the accused had been an active community member for five years. He volunteers and helps feed the houseless in Mellis Park on Thursdays. He works as a butcher and has for the last 27 years.
DPD Toles said the accused is in mental health treatment services, which he procured through private insurance provided by his job. Thus, losing his job can cause him to lose his access to mental health services, argued DPD Toles.
“He has cousins here in Stanislaus County, so he has a place to stay that’s not at the home (of the complaining witness.) He’s paying the mortgage for the house the family lives in. So, if he remains in custody, the family could lose their home. He intends to continue paying the mortgage whether or not he can see them (his family). He attends church every Saturday,” said DPD Toles.
Acknowledged by the defense, the accused does have prior offenses on his criminal history. However, DPD Toles contended these priors were either dismissed, were minor incidents, or occurred decades ago.
“I don’t just think it’s appropriate for bail reduction, I think it’s appropriate for OR. He will stay away from his family. There was alcohol involved in the incident. He’s willing to attend AA meetings as the court instructs,” the defense claimed.
Deputy District Attorney Elizabeth De Jong followed the defense’s argument, explaining why the accused is a risk to the community, but most importantly to his family.
DDA De Jong summarized a factual analysis based on police reports from the day of the incident, noting police received a report of a family fight that involved a gun. The alleged victim fled the house and hid; the weapon was later found in the bedroom of the home.
“The husband and wife were in an argument. The child tried to pull the accused off of the victim. The accused was then arguing with the wife again, and the accused bit her thumb, requiring medical attention,” stated DDA De Jong.
The DDA, quoting from the police report, said the accused turned to his 15-year-old daughter, held her down, and strangled her. The accused then punched the 15-year-old daughter multiple times
Following the dispute, the accused refused to exit the house and hung up the phone when law enforcement tried to contact the home, according to the police reports cited by DDA De Jong.
The prosecution added, “The accused has several domestic violence convictions involving the same victim, including a 1997 domestic abuse charge, and a 2000 charge for domestic abuse. The accused has also been convicted of drug abuse, drug possession, resisting arrest and DUIs.”
DDA De Jong noted how the defense points to how the accused now realizes that drugs and alcohol were the primary issues in these convictions, but after looking through the accused’s criminal history, the negative impact of his substance abuse has been brought to his attention multiple times throughout the years.
The prosecution outlined the accused’s recurring inability to follow court orders and probation guidelines, stating, “The people would ask that the accused remain in custody and the protective order remain in effect.”
DPD Toles responded to the prosecution’s arguments, noting, “So there are a series of DVs, but I’m not sure you’d be willing to admit that as evidence if this case went to trial. There are some drug cases in the past, and there is a case that was not admitted or prosecuted by the DA’s office.
“The DA’s office didn’t have a problem with it then, but now they’re saying they have a problem. I understand the conduct is fairly severe, but you’ll notice he is not charged with any 245(a)(2) (committing assault on another individual with a firearm). There was a firearm present in the home, perhaps, as alleged,” continued DPD Toles.
The defense addressed the accused alleged violation of probation, pointing out there are no years cited for those violations and that the accused has not been on probation in years.
“My client has generally been a contributing, reasonable member of society for a long time. They’re holding against him that he’s not going to stay away from his family based on the fact that 20 years ago, there were issues before he entered therapy and before he entered treatment for his condition,” asserted DPD Toles.
The defense insisted it’s not fair for the accused to risk losing his job, health care, home, and place in society over a substance abuse relapse, which resulted in a domestic violence dispute.
The judge concluded, “Something happened, and it sounds like a relapse to me. However, it is relevant that it is the same victim, and it’s the same pattern that the accused knows how to stop from doing treatment,” denying the request for a bail review.
