MODESTO, CA – Judge Carrie M. Stephens found the pregnant accused likely guilty on all three counts of felony and misdemeanor violations for burglary in a preliminary hearing at Stanislaus County Superior Court Friday, despite no stolen items found in her possession, and a defense claim of excessive use of force by law enforcement.
Prior to the hearing, Public Defender Komnith Moth requested a continuance because he did not have the bodycam footage of the accused getting arrested, which is a crucial part of assessment for the preliminary hearing.
However, Judge Stephens dismissed his request, stating “this case was supposed to be called at 8:30 today. I am not granting a continuance because it is a late request.”
Deputy District Attorney Yasmeen B. Sharifi called a deputy to the witness stand. He was dispatched April 26 because a family fight was said to have occurred.
The resident of the two-story house told the deputy he “heard a loud slam coming from the upper stairs residence” and found his niece, the accused, in his deceased mother’s room, when she was not supposed to be there.
The deputy testified the accused was said to have entered through a backdoor that was left unlocked. The resident of the house tried to get her to leave, to which she allegedly refused.
The deputy said the resident of the house claimed “a bag of jewelry and a collection of valuable coins have been taken from the house,” worth about $10,000.
DDA Sharifi then called another deputy, who said he spoke to the accused, informing her she was under arrest, but the accused allegedly did not come out of the residence and refused to surrender. He noted the accused “didn’t want to put her hands to her back.”
The deputy admitted he did not find any of the alleged stolen jewelry, and grabbed and pulled the hair of the accused, even after she told the deputy she was pregnant. The deputy said his body camera was on and activated.
Deputy Ryland revealed he put his hands on the accused and took her down, adding she ended up on the couch as he tried to restrain her. Another deputy on the scene put handcuffs on her while Deputy Ryland grabbed her wrists.
Judge Stephens set arraignment on all charges for Dec. 20.
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Xinhui Lin is a first-year student at the University of California, Los Angeles, pursuing a double major in Public Affairs and Sociology on a Pre-law track. Her unwavering commitment to addressing social injustices is deeply rooted in her cultural background and her personal experiences while growing up in Shanghai, China. Xinhui keenly observed the pervasive gender and racial inequalities, the subtle yet significant discrimination against minority groups, and the everyday micro-aggressions that disenfranchised individuals face. After exploring the philosophical question regarding the intricate relationship between power, morality, and justice, Xinhui kindled her interest in the intricacies of the criminal justice system – a cornerstone of society meant to epitomize principles of justice and fairness. Her commitment to understanding and improving this system is evident in her aspirations to potentially pursue a career as an attorney, with a strong desire to advocate for disadvantaged individuals.
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Hello! My name is Maithili Kaushal and I am currently completing my last year at UCLA, majoring in Political Science and a minor in Public Affairs. I am originally from NorCal near Sacramento, and I am really interested in learning about the injustices in our legal system, and exposing these injustices for the betterment of our communities. I also enjoy reading, spending time with family, and traveling in my free time.
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accused getting arrested alleged stolen jewelry Another deputy on the scene put handcuffs on her while Deputy Ryland grabbed her wrists. bag of jewelry and a collection of valuable coins have been taken from the house defense claim of excessive use of force by law enforcement Deputy District Attorney Yasmeen B. Sharifi deputy to the witness stand despite no stolen items found in her possession did not have the bodycam footage Judge Carrie M. Stephens Judge Stephens dismissed his request Modesto CA pregnant accused Pregnant Accused to Stand Trial for Theft - Defense Claims Police Misconduct. Preliminary Hearing Public Defender Komnith Moth set arraignment on all charges for Dec. 20. Stanislaus County Superior Court The resident of the house tried to get her to leave worth about $10000
