WOODLAND, CA – Certified Law Student Michaela Myers argued here in Yolo County Superior Court that the accused, a young mother, deserved judicial diversion because of her familial needs and willingness to change.
And Judge Catherine Hohenwarter agreed, despite opposition from Deputy District Attorney Stephen Joseph Ribet, citing the accused’s alleged pattern of theft and prior conduct.
The accused, charged with stealing $190 in children’s clothing and other goods from Target in October of 2024, appeared in court with a misdemeanor petty theft charge.
“While the theft was prohibited, the stolen items were children’s clothes,” said law student Myers, appearing under the supervision of Deputy Public Defender David Muller.
Myers asked the court to consider the accused for judicial diversion—a program that permits certain misdemeanor cases to avoid a criminal conviction by completing court-ordered conditions, noting, “She realizes this mistake could jeopardize not only her future, but her daughter’s stability.”
DDA Ribet rejected the defense counsel’s portrayal of the incident as a “spur-of-the-moment” lapse in judgment and instead cited a “pattern of deliberate conduct.”
Ribet alleged the accused was “concealing items in their bags, returning to and from aisles to avoid suspicion, and paying for some items while hiding others.”
Law student Myers told the court the accused acknowledged she made a mistake.
“She recognizes this is absolutely not okay and that she is willing to do whatever work to improve this and make sure it never happens again,” stated Myers.
DDA Ribet claimed the accused had not demonstrated the accountability required for such relief and is not suitable for diversion.
“Diversion requires some recognition that they’ve done something wrong…it’s intended for people ready to acknowledge a mistake and turn things around.” – DDA Ribet
“Diversion requires some recognition that they’ve done something wrong…it’s intended for people ready to acknowledge a mistake and turn things around,” DDA Ribet insisted.
Law student Myers maintained the accused juvenile record should not disqualify her from diversion, emphasizing she has no adult criminal convictions and her “juvenile incidents occurred before she welcomed her daughter into the world.”
Myers also warned the court that denying diversion could hinder the accused’s “future ability to find employment and maintain stability as a parent,” noting the diversion is not only for the accused, but also “for her daughter and the future of her family.”
Judge Hohenwarter said, “This was an extremely bad decision, but I believe she now understands the impact of her actions.”
The judge ordered the accused to complete a theft education class and perform eight hours of community service, preferably at a food bank or shelter “where she can learn that there are resources…she does not need to steal from retail providers.”
Judge Hohenwarter also advised the accused to stay away from Target during the diversion period, and to develop a personal plan for how she will provide for her family moving forward.
Mandatory fines or fees are on hold until the matter is resolved, with Judge Hohenwarter noting the accused’s commitment to change.
The court scheduled a review hearing for Oct. 21 to evaluate the accused’s progress.
