By Neha Suri
AUBURN, CA – After Judge Eugene S. Gini rejected the defense request to release the accused on her own recognizance with supervision but no bail, and preventing her from visiting her terminally ill father and seeking treatment, the accused pleaded for bail–which was not granted–in the Placer County Superior Court Wednesday.
The accused faces three counts, including felony arson, misdemeanor possession of a controlled substance, and misdemeanor possession of controlled substance paraphernalia.
According to court records, on Aug. 8 around 9 a.m. in the parking lot of the SureStay Hotel and the Comfort Inn on Rocklin Rd., the accused allegedly started a fire after going outside to smoke and putting out a cigarette butt which started a fire.
A witness at the scene said the accused allegedly started a second fire in a planter located in the parking lot near the previous flames with a lighter she was carrying.
Sgt. Nathan Whann, who went to the scene shortly after receiving two reports of 911 calls, one from the accused herself.
Whann testified he “could tell that the air was smoky,” and upon reporting to the scene saw one male holding a garden hose and another with a fire extinguisher but no visible flames once he had arrived.
Whann said he spoke with a witness who had been staying at the SureStay, who stated that he had come out of the hotel to smoke in the parking lot but realized he did not have a lighter, and upon walking around the hotel’s building to find one was when he saw the accused standing next to a small fire.
Whann added the witness then said something to the effect of, “you should put that out,” to which the accused responded, “I am mad at the world and am going to burn it down.”
At that point the witness began video recording the accused from his cellphone, taking a total of four videos which, according to Sgt. Whann, shows the accused putting out a cigarette butt and bending down near another planter with dry brush and bark where flames subsequently appeared a few seconds later.
Based on benchmarks in the video, Whann estimated the flames to be around six to eight feet in height at their maximum.
Officer Tina Mueller also arrived on the scene around the same time as Whann and testified that the accused displayed symptoms of being under a controlled substance, and after asking if she was, the accused stated she was not sure but handed Mueller methamphetamine she had in her purse.
Officer Mueller testified she also saw a lighter in the back right pocket of the accused’s shorts and found a metal straw with burn marks in her purse, which according to the officer’s experience as an officer for more than 20 years on a narcotics task force, and a previous Drug Recognition Expert certification that was now expired, the accused used the straw to ingest narcotics.
Deputy Public Defender Todd Kuhnen argued the accused’s calling of 911 herself indicated remorse and demonstrated the accused’s actions were “reckless,” rather than “willful.” DPD Kuhnen continued that this should allow for one of the accused’s counts to be modified from a 452 to a 451 at most, stating that she was not displaying, “willful and dangerous behavior.”
DPD Kuhnen also contextualized the accused’s alleged crimes, explaining the accused had been released from Sacramento County recently and was told to report to El Hogar treatment facility for receiving care for her drug addiction, but upon reporting was told that they were overbooked and given a new date to report back.
However, the accused was charged with this crime before she could report back for treatment.
As a result, DPD Kuhnen insisted SOR release would allow her to receive necessary treatment, pleading, “there is a psychological or mental health component that she needs help for.”
Additionally, the DPD stated the accused has a terminally ill father in the nearby Mercy San Juan hospital who would likely pass before the accused is released, if kept in custody, and she would like to see him before his death.
The accused was very emotional throughout the preliminary hearing, audibly sniffling and crying at times throughout Whann’s testimony.
Deputy District Attorney Rainey Jacobson asked for bail to remain as set, bringing up the accused’s criminal history in other states, including larceny, shoplifting, contempt of court, assault and battery of a family member, and probation violations.
Judge Gini ruled, “the Court finds that the comments related to being ‘mad at the world’” show the accused is “a danger to the community,” adding the accused’s previous two failures to appear present the accused as a flight risk, and, “the court declines to release the defendant.”
The accused then started crying and whimpering, turning her face to the public, displaying her strained look. She pleaded with the judge, begging him to give her bail and she could, “pay with money bail,” despite DPD Kuhnen previously stating she would not be able to afford bail.
The accused furiously began whispering with her attorney, asking him to tell the judge to release her on bail. The accused continued crying as she was taken from the courtroom to jail.
