By Eric J. Trochez
SACRAMENTO – A defendant appearing in Sacramento County Superior Court this week for his preliminary hearing told officers that a loaded firearm in his vehicle was there for his girlfriend’s safety because of her “suicidal” thoughts.
However, Judge Ernest W. Sawtelle said it really didn’t matter, and set the matter for trial.
On May 7, at approximately 1 a.m., defendant Jeremiah Ferguson was stopped and arrested on one count of possession of a firearm and one count of a felon concealing a weapon in a vehicle.
Deputy District Attorney Nick Karp called Deputy Gabriel Rodriguez, who testified that, when dispatched on the night of the incident, he was driving and he noticed a black sedan with a missing license plate. Rodriguez conducted a traffic stop on this vehicle.
He made contact with the driver, who was identified as Ferguson, the defendant. Upon immediate inspection, Rodriguez noticed and identified a marijuana pipe with a green, leafy substance inside of it. It was located on the center console of the vehicle.
Rodriguez proceeded to ask Ferguson if there were any weapons in the vehicle, and Ferguson admitted there was a firearm located in a rear compartment of the passenger seat, probably a small, semi-
automatic handgun.
When Deputy Rodriguez went to retrieve the gun, he explained that something could be identified in the pocket, but its shape could not be immediately identified as a gun. Rodriguez said he didn’t have to manipulate the pocket to discover a firearm there, nor did it seem to have been manipulated in the first place.
Karp then asked if the gun was loaded. After a brief pause from Rodriguez to consult his report, Judge Sawtelle asked: “Does it matter if it was loaded? It’s not one of the elements of the crime is it?”
“It’s pursuant to the allegation 25400(c)(6)” responded Karp. This section essentially states that if certain conditions are met, imprisonment of up to one year and a fine of at most $1,000. At this moment, an additional allegation was revealed to the court that had not been noticed before.
Karp asked if any bullets were in the chamber. Rodriguez explained that in his report he conducted a thorough inspection of the weapon, ensuring the chamber was clear and safe. He concluded no round was in the chamber and that all seven rounds were in the magazine.
Defense attorney Jonathan Gonzalez began by focusing on the defendant’s driving. Deputy Rodriguez noted that the defendant was not driving erratically. He simply pulled him over due to the missing license plate. When pulled over, Ferguson complied with all of Rodriguez’s orders and acted calmly.
Upon stopping him, however, Rodriguez observed the odor of burnt marijuana and saw the marijuana pipe. This is what Rodriguez says led to the search of the vehicle.
Defendant Ferguson explained that the reason he had the gun in his car was for the safety of his girlfriend. His girlfriend was not in a stable state of mind, harboring many and strong thoughts of suicide, he said.
The defendant added that he was aware that his girlfriend owned a gun. Out of worry for his girlfriend, he took the firearm and concealed it in his vehicle.
After Karp’s submission of evidence, Gonzalez submitted a request for a 17(b) motion, a reduction of Count 1 to a misdemeanor, and noted the defendant has a minimal criminal record, he complied with the officers in a calm, honest approach, didn’t intend on using the firearm and the reason for possession of it is undisputed.
The defense argued that while, on record, the defendant is considered a felon, that was due to a mistake on the defendant’s part. He had an opportunity to reduce his felony charge to a misdemeanor, but did not act in time and missed his chance.
Judge Sawtelle acknowledged the arguments made and said it would be good for sentencing purposes. However, Judge Sawtelle found the charges to be appropriate and added that, even if it were for his girlfriend’s safety, the defendant was still in possession of a concealed firearm and it would still be a crime if it were found in his home.
Not only that, but the firearm was loaded, said the judge, adding, “Would be a better argument if the gun wasn’t loaded.” He denied the request for a misdemeanor reduction.
The next pretrial hearing is set for Dec. 22, 8:30 a.m., in Dept. 62.
Eric J. Trochez is a recent graduate from UC Davis. He is from Los Angeles, California. He majored in Political Science and Italian. His hobbies include video games and YouTube. Subscribe to my channel @Tromanzo ND (lol).
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