WOODLAND, CA – Judge Daniel M. Wolk upheld a stay-away order prohibiting the accused from going near the Dutch Bros location in Davis, despite objections from Deputy Public Defender Mary LeClair, who argued that “there is no nexus between his offense and this particular stay-away order.”
The accused faces felony charges of threatening to commit a crime with intent to terrorize and false imprisonment with force or violence, along with an enhancement for circumstances in aggravation.
Referencing the stay-away order, LeClair requested the court remove the restriction, arguing that the alleged offense did not occur at or involve Dutch Bros. “The offense was further down the street,” she said, “but the police were called to Dutch Bros.”
LeClair urged the court to avoid placing excessive restrictions on her client, emphasizing that he is unhoused, lacks a phone, and lives in Davis. “He lives in Davis, is unhoused, and does not have a phone,” she insisted.
In response, Deputy District Attorney Gustavo Figueroa recommended the court maintain the stay-away order, stating, “My thoughts are that the offense was not too far away from Dutch Bros… he was still not in the right mental state.”
Figueroa added, “There are no other comments on the probation report apart from the additional stay-away order.”
After hearing arguments from both sides, Judge Wolk stated, “I appreciate the arguments regarding the stay-away order,” before ruling to uphold the restriction and finding the accused suitable for formal probation.
“I am going to keep the stay-away order at Dutch Bros,” Judge Wolk said, explaining, “I handled the preliminary hearing for this case… both customers and employees at Dutch Bros were involved.”
In closing, the judge stated that the stay-away order “does involve a relationship with the accused’s crime.”
