WOODLAND, Calif. — Yolo County Superior Court Judge Daniel P. Maguire dismissed three felony charges against an accused person during a preliminary hearing after finding insufficient evidence that he possessed a rifle and ammunition discovered during a property search, while allowing a felony assault weapon charge against his co-accused to proceed.
The accused faced three felony charges: possession of an assault weapon, possession of a firearm by a person previously convicted of a felony and possession of ammunition by a person prohibited from possessing firearms.
The co-accused faced one felony charge of possession of an assault weapon.
During the hearing, Yolo County Sheriff’s Detective David Reeves testified about the search, during which deputies discovered a .308-caliber rifle, more than 2,000 rounds of ammunition and materials used to make ammunition inside a trailer on the property.
Reeves testified that the accused had been staying in the trailer with the co-accused for approximately two weeks before the search.
According to Reeves, the co-accused told investigators that the accused had been staying with her since her boyfriend’s death. She also told investigators that the firearm had belonged to her late boyfriend and that his belongings had become hers after his death.
Defense attorney Sarah G. Macdonald challenged whether investigators had presented sufficient evidence to establish that the accused knew about or exercised control over the weapon.
The defense questioned whether the rifle had been visible inside the trailer and whether investigators had evidence that the accused had ever handled it.
Reeves acknowledged that he did not recall speaking directly with the accused or confirming his mailing address.
Deputy District Attorney Aloysius Patchen argued that the accused’s connection to the trailer supported the charges, maintaining that possession does not necessarily require someone to physically carry a firearm.
Under the legal principle of constructive possession, a person may possess an item without physically holding it if the person knowingly exercises control over it or has the right to do so.
Maguire questioned whether the evidence established that the accused exercised control over the rifle or ammunition.
The judge explained that knowledge of a firearm’s presence, without evidence of control, was insufficient to establish possession.
Maguire found no evidence that the accused brought the rifle to the property, used it or exercised control over it.
He dismissed all three felony charges against the accused, finding insufficient evidence to hold him to answer.
The court reached a different decision regarding the co-accused.
Jeff Raven, conflict counsel representing the co-accused, questioned whether the evidence established that she knowingly possessed the assault weapon.
Raven argued that the circumstances surrounding her late boyfriend’s belongings did not necessarily establish that she had knowingly exercised control over the rifle.
The prosecution maintained that the evidence was sufficient for the felony charge to proceed.
Maguire considered testimony that the co-accused had been teaching herself how to make ammunition, which raised questions about her knowledge of the items discovered during the search.
The judge found sufficient evidence to hold the co-accused to answer on the felony assault weapon charge.
The ruling did not determine her guilt but allowed the prosecution to proceed beyond the preliminary hearing.
Maguire also acknowledged the co-accused’s limited criminal history and the circumstances surrounding her boyfriend’s death.
However, the judge noted that questions remained about whether she had participated in activities involving the ammunition before her boyfriend’s death or had simply inherited the items afterward.
Maguire denied a defense request without prejudice, allowing the issue to be raised again if additional evidence became available.
The co-accused remained released on a $10,000 bail bond, with her next hearing scheduled for Nov. 24.
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