MARTINEZ, CA – Deputy District Attorney Karly Goodside urged Judge John C. Cope here during a preliminary hearing in Contra Costa County Superior Court Tuesday to deny bond to the accused for violating probation conditions.
Judge Cope rejected DDA Goodside’s request, calling it unreasonable for the charges the accused faced.
Deputy Public Defender Mike Luther also informed the court the rap sheet provided by DDA Goodside was not updated to show appeal of prior conviction.
Ian Goold, a police officer of the city of Brentwood, testified he and other officers on May 16 searched the accused’s house, and found car keys in the accused’s front pocket.
Once Goold located the vehicle to which the keys belonged, the officer said they found a “functional firearm” and a gun magazine underneath the driver’s seat of the vehicle.
Officer Goold said a DNA sample matched the accused’s DNA with the weapon.
During DPD Luther’s cross-examination, it was noted other people were present at the residence, including a sister and another male relative.
Additionally, during cross-examination, Officer Goold told the court the sister claimed ownership of the vehicle, but later recanted that statement, and admitted they did not know the exact owner of the car.
DPD Luther was also able to establish that in no instance of the search did they see the accused operate the vehicle, and established the firearm was in a plastic bag with the “magazine detached.”
Officer Goold also shared that the vehicle recently was stopped twice while the registered owner was in the car.
Yet, during DDA Goodside’s redirect, it was discovered that phones were recovered and searched, and through the phone’s contact, the accused did know the vehicle’s owner because the phone number in their emergency contact matched the phone number on the records management system.
DDA Goodside also presented a rap sheet to the judge, to which DPD Luther objected to its admission as it was “inaccurate” because it has not been updated.
DPD Luther looked at the San Francisco court of appeal records to see the missing updates the accused faced, including one showing the accused was convicted and sentenced to 44 years in prison for first degree murder, but noted it cannot be true because the accused was present in court.
When Judge Cope asked if it is a citable case, DPD Luther said it was not published, to which Judge Cope replied, “You want me to use a non-citable case to make a ruling?” DPD Luther replied, “At this time, yes.”
During closing arguments, DPD Luther argued that the vehicle is under someone else’s name, and that the firearm was in a bag which could have contained something that belonged to the accused to which the DNA transferred onto the firearm.
After hearing the testimony and evidence, Judge Cope stated this was “not a close call at all…he is a convicted felon and should not have a gun … (his) DNA evidence was on the firearm.”
When Judge Cope set an arraignment for early September, DDA Goodside asked the judge to change the bond.
DDA Goodside argued the bond should be changed to “no bond,” because the accused was in possession of a firearm after being given a second chance, was a danger to the public, and because he has shown that he is willing to violate laws.
Judge Cope objected to the prosecution’s argument, stating, “You cannot make it no bail … (it is) not a serious felony with strikes … to get no bail is a different category,” adding, “if he violates any laws there will be a warrant for his arrest.”
