WOODLAND, CA – Judge Catherine Hohenwarter denied an accused man’s release here Monday in a pre-hearing conference in Yolo County Superior Court, despite defense arguments the accused was facing only non-violent misdemeanors and concerns the accused’s disability checks may be stolen while in jail.
This denial of release came shortly after the prosecution and judge agreed to amend the complaint and reduce all the accused’s felony charges to misdemeanors.
The accused, present in court and in custody, was originally charged with four felony counts: conspiracy to commit a crime, attempted second-degree robbery, assault with a deadly weapon and assault force likely to produce great bodily injury.
According to Deputy District Attorney Carolyn Palumbo, the accused was charged with four felony counts after a drug exchange went wrong on Nov. 19, 2024. DDA Palumbo alleged the accused and recipient were present behind the Food 4 Less market in Woodland with “a usable amount of fentanyl.”
DDA Palumbo explained the drug exchange “did not go according to plan and an altercation broke out,” prompting the accused to “assault” the recipient of the fentanyl.
However, DDA Palumbo noted that a no-contest plea agreement had been made in the case, prompting the prosecution to amend the complaint and reduce the accused’s case to one misdemeanor charge for assault and adding a count for possession for sale of fentanyl, with the original charges except for the assault dismissed.
Broaching the accused’s custody status, Defense Attorney Caryn Warren stated her client is an unhoused resident of Woodland, who “previously lived in the tiny homes” —supportive housing used for people struggling with homelessness to get back on their feet.
“He is currently on disability and receives a disability check and his checks have been going to the tiny homes and he’s afraid that they’re going to get stolen,” Warren stated, asking the court to release the accused from custody because of these financial concerns.
Warren added the accused “is going to be without those checks while he’s in custody” and urged the court to release the accused since the case was being resolved as a “non-violent offense.”
Despite DDA Palumbo agreeing that the accused’s case was non-violent, she objected to releasing the accused from custody because of his “fairly substantial record,” charging, “He is going to have to do jail time as a result of this crime…We are asking that he remain in custody until his sentencing date.”
Ultimately, Judge Hohenwarter denied the defense request to release the accused from custody, stating, “The court is going to leave him in custody since he is looking at doing time. We can get that dialed in before too long.”
The accused will remain in jail and will appear back in court on Feb. 11 for his sentencing hearing.
