WOODLAND, Calif. — During a pretrial conference, attorneys debated whether a felony theft charge involving alleged lost cell phone incidents should be reduced to a misdemeanor in a case involving a woman facing significant personal hardships.
The accused faces two related cases involving the appropriation of lost property at Cache Creek Casino, stemming from allegations that she took two cell phones during separate incidents.
Deputy District Attorney Aaron Rojas opposed reducing the felony charge, arguing that surveillance footage and casino security records supported the allegation that the accused failed to return the phones.
He stated, “My argument is that Ms. Howell did not make attempts to return the phone,” adding that contacting lost and found would have resolved the situation if the property had been properly turned in.
Rojas further argued that the case involved more than a single incident, describing the allegations as a “pattern” of conduct based on two separate incidents at Cache Creek Casino, and stated there was sufficient evidence to hold the accused to answer on all charges.
Defense attorney Jailene Gutierrez countered that the felony charge was excessive given the accused’s background, noting that she has no prior property crime convictions and only a limited criminal history, including a DUI conviction from 2006 and a misdemeanor driving offense from 2009.
Gutierrez also emphasized the accused’s personal circumstances, stating that she has been displaced since the 2018 Paradise Fire, has stable housing, and is currently dealing with health issues, including a fractured foot that may require future surgery.
Gutierrez stated, “I’d ask, Your Honor, to reduce that to a misdemeanor.”
She argued that even if the charge were reduced to a misdemeanor, the court could still order the accused to pay restitution to the victim if necessary.
The court said the evidence regarding the phone’s value was limited but was still sufficient to meet the low standard required at a preliminary hearing.
The judge ultimately granted the reduction to a misdemeanor after considering the accused’s background and circumstances.
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