CONTRA COSTA, CA – The Hon. H. Glenn Kim denied Deputy Public Defender Juan Morales’s request Monday in Contra Costa Superior Court to reduce felony charges to a misdemeanor for the accused, who allegedly violated post-release community supervision (PRCS) for having a knife.
According to DPD Morales, the police visited the accused for a “wellness check, not a criminal investigation.” However, added Morales, the accused told police he had a knife on him and complied in handing the knife over to law enforcement.
Deputy District Attorney Philip Farmer argued the accused had violated the PRCS conditions and had a criminal background, such as a PC section 69 charge, that violated a domestic violence restraining order.
DDA Farmer called Contra Costa Deputy Sheriff Christian Russomanno to testify, who stated that when he arrived, the accused was asleep in a trailer, and he proceeded to get the accused’s attention.
When the accused woke up and approached Deputy Russomanno, he shared that he had a knife in his front pocket, which he handed over, and a search occurred shortly after.
Deputy Russomanno said during the incident, the accused noted the knife was used “more as a tool” than a weapon and that it belonged to his grandfather.
During cross-examination, DPD Morales argued the wellness check was called in by the accused’s mother, who was afraid for her son, who struggles with mental health illness.
During closing arguments, DPD Morales also emphasized that the accused used the knife as a tool and the accused told the officer immediately he had a knife.
Yet, DDA Farmer reiterated that the knife was violating the accused’s PRCS and that they had accumulated other charges since this incident.
Based on the arguments presented, Judge Kim rejected the defense’s request to lower the charges from a felony to a misdemeanor.
