WOODLAND, Calif. — At an arraignment Friday in Yolo County Superior Court, Judge Denette C. Brown denied release on supervised own recognizance, even after Deputy Public Defender Jose Adan Gonzalez argued that the accused was not carrying a real firearm and had attempted to surrender at the time of the arrest.
The accused faces charges of making a criminal threat, resisting an executive officer by means of threats, force or violence, possession of ammunition, and resisting a peace officer, as well as enhancement and aggravating circumstances.
“Given that the allegation is just a threat to commit a crime resulting in death or great bodily injury, but there is no allegation that actual violence happened, or that any weapon was used,” Gonzalez emphasized, “I don’t think that the facts would be evident or the presumption is sufficient to trigger the language in Section 12 that would deny (the accused) bail.”
Gonzalez continued by explaining that the accused’s mother had requested a protective order preventing the accused from returning to the residence, which he suspected was prompted by a landlord’s request.
“(The accused) said (they are) not going to go back anyway, that there is absolutely no reason for (them) to go back,” Gonzalez said, adding that the accused had a place to stay in Woodland and would provide that information to the probation department if released.
Gonzalez further explained that a witness present during the arrest stated that “(the accused) did come out to the front yard to surrender, and apparently (they were) still being barraged by projectiles by the police, and retreated back into the residence because, even though (the accused) was attempting to surrender, (they were) still being fired at.”
Deputy District Attorney Alvina Tzang argued that the prosecution opposed supervised own recognizance release, stating that the accused “pointed what the victim described to be a gun, but later determined to be a realistic-looking Glock imitation firearm.” Tzang added that when officers arrived, the accused resisted and made threats toward the officer, “basically implying that (they) would have used the gun on the officer if (they) had a gun.”
Tzang described the accused as a “public safety risk.” At the same time, Gonzalez argued that the “sentiment (the accused) had or expressed to the police officers” needed to be placed in context, asserting that the accused was not resisting police but instead attempting to surrender while still being fired at with projectiles.
Judge Brown ultimately agreed with the prosecution and denied supervised own recognizance release, rejecting the defense’s emphasis on alleged police misconduct occurring as the accused attempted to surrender.
A bail review hearing is scheduled for Jan. 7 at 1:30 p.m.
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