SAN FRANCISCO — During a preliminary hearing Tuesday at the San Francisco Hall of Justice, Judge Lianne M. Dumas denied a motion by Deputy Public Defender Sylvia Cediel and Certified Law Clerk Hannah Beauchamp-Pope to reduce an alleged felony to a misdemeanor, despite arguments highlighting the nonviolent nature of the accused’s past criminal history.
Officer Albern Ciudad testified about the incident, which occurred in January 2024.
According to the officer’s testimony, the accused broke the window of a car using a “Resqme” tool, a small device used for breaking car windows in emergencies, before taking a black gym bag from the vehicle and driving away in his own car.
After parking in a different location, the accused was arrested by other officers at the scene.
During cross-examination, CLC Beauchamp-Pope emphasized that Ciudad was not present during the canvassing or the arrest of the accused, despite being a witness to the burglary.
Additionally, Ciudad was unable to confirm or deny whether there were other passengers in the getaway vehicle.
In argument, CLC Beauchamp-Pope did not deny misconduct but argued for a 17(b) motion — to reduce the felony charge to a misdemeanor — given that the accused’s prior felony offense occurred 13 years ago and that all more recent charges were nonviolent misdemeanors.
The defense added that the accused has had full-time stable employment at a local social enterprise since the incident and financially supports his 10-year-old daughter.
Assistant District Attorney Draskovitch opposed the motion, noting additional past misdemeanors involving similar instances of burglary.
Draskovitch also referred to the officer’s testimony that the accused had been casing cars.
Judge Dumas told the accused that she “[hopes] that these issues are behind [him]” and that the case can “potentially resolve because of [his full time employment],” however this is “not an appropriate case in my view to be reduced to a misdemeanor at this time.”
Judge Dumas then denied the 17(b) motion and held the accused to answer to Count I for second-degree burglary with all enhancing allegations and Count II for possession of tools with the intent to break into a vehicle.
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