WOODLAND, Calif. — Citing constitutional bail requirements and the state’s least-restrictive-means standard, Judge Danette C. Brown on Monday ordered the release of an accused man facing felony and misdemeanor charges, rejecting a prosecutor’s request to keep him in custody and returning him to the terms of his previous supervised own recognizance (SOR).
On Monday, June 22, the accused appeared in court facing a total of five felony and misdemeanor charges. Despite the allegations, Judge Brown allowed the accused to be released from custody on the terms of his previous supervised own recognizance.
According to Judge Brown, the accused was charged with a felony count of failing to register as a sex offender after a prior conviction, misdemeanor assault, misdemeanor giving false identification to a peace officer, with two enhancements, committing a crime while on bail, and circumstances of aggravation.
On behalf of the accused, Deputy Public Defender K. DeAnda entered a not guilty plea and denied any and all enhancements. However, as the court stated, the accused was charged with an additional felony earlier that day involving vandalism.
He is scheduled to appear in Department 9 at Yolo County Superior Court on Thursday, July 9, for that case.
DPD DeAnda argued for the accused to be released from custody.
“He did not know where he was supposed to report, which is one of the basis for the supervised OR revocations that he failed to appear on the 12th and then … the new case,” she stated.
She asserted that the accused was charged with alleged misdemeanors and that a “failure to register is not a case in which it can be entered under the California Constitution.” She advised the court that she would “properly” inform the accused where to report to the probation department in West Sacramento.
On behalf of the people, Deputy District Attorney D. Ortiz opposed DPD DeAnda’s request.
In her argument, DDA Ortiz stated that the accused was only out of custody for five days before going to a Dollar General in Esparto and attempting to strike one of the employees by punching her.
“Granted, the punch didn’t meet her face,” she explained.
The accused shouted from his holding cell, angrily claiming that he was innocent and that the charges were “not true.”
DDA Ortiz reiterated her argument, stating, “…number one, we have someone who didn’t report as promised when he was provided the opportunity to be under supervision. Number two, he attempted violence while he was under supervision and number three, he continued to commit a crime by not registering as a sex offender. He has a multi state, multi page history including violence and he has been provided with the opportunity to comply with the least restrictive means … but that did not stop him from an act.”
She explained that the supervisor of pretrial services who filed the complaint also requested that the accused remain in custody with a preliminary sentence.
DPD DeAnda contested DDA Ortiz’s argument, stating that “nothing that has been argued or stated, even if true … which my client is saying it’s not … nothing trumps the California Constitution or the California Supreme Court.”
She explained to the court that the accused’s charges were nonviolent offenses and misdemeanors. She concluded her argument by stating that they categorically do not qualify to be evaluated as public safety reasons for somebody who cannot afford bail.
She emphasized her request for the court to release the accused from custody.
In response, Judge Brown explained that because the accused’s charges do not fall under offenses identified in Article I, Section 12 of the California Constitution, he would be released from custody and returned to the terms of his supervised own recognizance.
She stated that “the court finds that least restrictive means will, hopefully, work again this time.”
The accused will begin the process of registering as a sex offender Tuesday, June 23, with the probation department in Woodland.
He will appear in court again on Thursday, July 9, in Department 9 under a time waiver and has been ordered to stay away from the Dollar General in Esparto.
Follow the Vanguard on Social Media – X, Instagram and Facebook. Subscribe the Vanguard News letters. To make a tax-deductible donation, please visit davisvanguard.org/donate or give directly through ActBlue. Your support will ensure that the vital work of the Vanguard continues.
