WOODLAND, CA – Deputy Public Defender Dale R. Gomes urged Judge Daniel M. Wolk at a bail review hearing Wednesday in Yolo County Superior Court to reduce his client’s $1 million bail, arguing the case involved self-defense.
But Judge Wolk balked, siding with prosecutors, and ruling the bail was appropriate given the circumstances.
The accused, David Manuel Sanchez-Gallardo, is charged with felony murder with enhancement of great bodily injury, personal use of a firearm, and circumstances in aggravation against the victim Isaias Jaime.
During the hearing, Judge Wolk personally read a letter from Jaime’s brother, followed by his mother providing an emotional statement.
The mother asked Judge Wolk to take into account the loss of life, to “have pity and justice for my son’s life” and to stop changing the dates for trial.
DPD Gomes stated Sanchez-Gallardo is 35 years old and has no priors, giving this case unique circumstances, adding Sanchez-Gallardo was “on the phone with 911 desperately pleading for law enforcement” during the time leading up to the incident.
Sanchez-Gallardo, said the defense, beat Woodland Police to the scene, causing him to take action. The court has video and audio evidence of him with 911, where the accused is heard saying, “I just shot him, get away,” as the victim, Jaime, was under the influence of drugs and had a gun himself.
DPD Gomes also mentioned that there were prior incidents of the victim threatening the girlfriend and family of the accused.
“When somebody threatens to kill somebody else, when somebody gets high on methamphetamine, somebody threatens the family with a gun and then shows up shortly thereafter, who doesn’t take that threat seriously?” DPD Gomes asserted.
DPD Gomes believes the case lines up more with imperfect self-defense or manslaughter rather than premeditated murder, and argued the accused is entitled to being treated fairly, and because there is no risk in releasing him to the public, it would be “astronomical” that this would ever happen again.
DPD Gomes added the district attorney offered a voluntary manslaughter charge in this case, which, Gomes said, is “their acknowledgement that, worst case scenario, this is an imperfect self-defense case.”
DPD Gomes stated to Judge Wolk that, although this loss of life is sad, Jaime was dead because he threatened to kill. The accused is entitled to a well-done Humphrey analysis and should not have to sit in custody until trial due to the high bail, added DPD Gomes.
“His (Sanchez-Gallardo) family has set aside money to pay for this trial…and they’ve set aside enough money for him to bail in the amount I’ve requested,” DPD Gomes told Judge Wolk.
DPD Gomes added that if Sanchez-Gallardo has the opportunity to bail, the court was welcome to impose any restraints or monitors. However, it remains unfair for the accused to sit in jail for a year and a half awaiting trial with little chance of the accused being bailed out, DPD Gomes argued.
The deputy district attorney argued that a Humphrey analysis was indeed done, taking into account what the accused could pay, public safety, and that the bail was appropriate for the crime. The DDA noted that it will be up to the jury to decide what evidence is credible.
The DDA acknowledged the case will be continued for nearly two months, but that it is not an “unreasonable” delay, adding “…the appropriate thing to do is that the case just get tried on the merits in May.”
In a final statement, DPD Gomes contended, “You’re saying he’s entitled to bail, but you’re setting bail amount in an amount that is the same thing as saying you’re not entitled to bail,” suggesting the court should put into consideration what the client can afford because he is entitled to bail.
Judge Wolk did not take into account the history of the accused and the unique circumstances that led to the charge and decided that the “$1 million is appropriate.”
“I do find it, in clear and convincing evidence, that nonfinancial conditions of release or a lesser amount of bail will not reasonably protect the public or the complaining witness’s family,” Judge Wolk said.
This case is set to go to trial May 27.
