By Favian Samaniego Madrigal, Benjamin Lee, and Zara Bashir
SAN FRANCISCO — On Tuesday, San Francisco Superior Court Judge A. Marisa Chun presided over a preliminary hearing in a two-year-old case that began with a police dispatch to a homeless encampment blocking a sidewalk.
The case resulted in charges against an individual for concealing a firearm and possessing a controlled substance, though the defense argued there was insufficient evidence regarding the identity of the drug in question and that the firearm was not concealed, as it was carried in the accused’s waistband.
The accused faces charges of possessing a firearm and controlled substances, carrying a loaded firearm in person, and carrying a concealed firearm.
Deputy District Attorney Albert Ujcic called San Francisco Police Officer Nikolai Ballard to the stand. Ballard testified that on Oct. 6, 2023, he and his partner responded to a call regarding an encampment obstructing the sidewalk near Haight and Lyon streets.
Concerns about Ballard’s credibility arose when he initially stated, “It has been a while,” when asked to identify the accused in the courtroom. He was only able to make the identification after reviewing his body-worn camera footage.
Ballard testified that he had instructed an unhoused individual to stay off the sidewalk. As he returned to his patrol vehicle to clear the call, he noticed a person lying on the sidewalk with a firearm visible in the waistband.
He said he identified himself as a San Francisco police officer and attempted to engage the individual, but was unable to do so. He then called for backup to assist with the removal of the firearm.
Ballard suggested the accused may have been under the influence of a controlled substance, though defense attorney Jeremy Blank objected to the line of questioning on the grounds of speculation.
After additional officers arrived, Ballard testified that he took possession of the firearm and searched a small bag found nearby. Inside, he reported finding a scale, baggies, a magazine, and a barrel.
When asked whether the weapon was loaded, Ballard initially said he could not recall, then referred to his report and confirmed that it was. He described the gun as a Glock-style firearm with no serial number, rendering it untraceable.
Under questioning about his narcotics experience, Ballard said he had made several arrests and received 40 hours of training. However, he admitted to having seen methamphetamine fewer than 10 times and had never physically handled the substance, raising questions about his expertise.
During cross-examination, Blank asked Ballard to clarify what the accused was lying on and to describe the holster. Ballard said it was a black nylon holster located on the front of the waistband. He added that the firearm was noted to be 80% complete, with the missing serial number accounting for the remaining 20%.
After Ballard’s testimony, Blank challenged several of the charges. He argued that under CALCRIM No. 2520, a firearm must have a barrel length of at least 16 inches, yet no such measurement had been presented.
He further contended that because the firearm was in a holster inside the waistband, it should not be considered concealed under California Penal Code § 25400(b), which states that a gun carried openly in a belt holster is not concealed.
Blank also challenged the possession of a controlled substance charge, citing Ballard’s limited experience with methamphetamine and the lack of conclusive evidence identifying the substance in the bag.
The court adjourned without a ruling on whether the case would proceed to trial.
