WOODLAND, Calif. — A Yolo County Superior Court judge granted supervised release Friday to an accused man who uses a wheelchair after his defense questioned whether a felony obstruction charge was appropriate, despite prosecution objections citing his previous failures to appear in court.
On Aug. 3, the accused was charged with a misdemeanor count of trespassing and a felony count of obstructing an executive officer under California Penal Code Section 69.
According to Section 69, a person may be convicted of an offense if they use threats or violence to prevent an executive officer from performing a lawful duty, or if they use force or violence to resist an executive officer in the performance of a lawful duty. Section 69 is a “wobbler,” meaning prosecutors have discretion to charge it as either a misdemeanor or a felony.
Criminal defense attorney Caryn Warren, standing in for the accused’s attorney, Ava Landers, stated she was “surprised by this charge right now, considering he’s in a wheelchair,” and that she “can’t help but think it might be overcharged as a felony.”
Warren requested the accused be released from custody while his case is pending. Deputy District Attorney Robin Lynn Johnson objected to the release, citing the accused’s failure to appear at seven previous court appearances.
The accused spoke and stated he was in the hospital during the previous hearings.
According to Warren, the accused “had doctor’s appointments leading up [to surgery], had the surgery and then had rehab,” which interfered with the accused’s ability to show up to court.
Johnson responded, stating that “the people find it difficult to believe that on each court date he was in the hospital.”
Judge Danette C. Brown then told the accused, “I don’t have any assurances that you are going to appear at the next court date.”
In response, Warren suggested the accused be released with supervision, which Johnson also objected to, citing the accused’s history of alleged police obstruction starting in 2023.
Brown agreed to release the accused under supervision and with the condition that he stay away from the Jack in the Box on East Main Street.
The accused is set to return to court for a preliminary hearing Aug. 21 at 9 a.m.
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