By Alexander Jimenez
DUBLIN, CA – The prosecution had some concerns over the circumstances surrounding the felony case of defendant Damon Wilburn last week.
Overseen by Alameda County Superior Court Judge Barbara Dickinson, Wilburn’s hearing was a recall bench warrant connected to a felony charge involving possession of a firearm.
The defendant was allegedly in possession of a loaded .40 caliber semi-automatic Glock with a live round in the magazine. Notably, another individual was charged with having a TEC-9 assault handgun which was loaded.
Deputy District Attorney Robert Andrew Ross expressed his concerns over the nature of the case, arguing that Wilburn would pose a threat to the public if released on bail.
Ross reminded the court that the circumstances around the charge reveal a possible threat to the public, because Wilburn was in possession of a handgun in a location known for gang-related violence. He explained that Wilburn’s associates have also been charged in a case involving a fatal shooting of an individual at the same location one month prior.
Emphasizing the risks associated with Wilburn’s release, Ross explained: “I don’t feel that there is any way to adequately protect the public short of either incarceration and or bail.”
Defense Attorney Mario Andrews offered a rebuttal in response to the prosecution, arguing Wilburn was not being charged with the unrelated allegations brought up by Ross because of a clear lack of proof.
He explained, “I think the court should focus on what he’s being charged with. Typically the people charge based on what they can prove, the other things discussed are not something that they have proof sufficient (of) for Mr. Wilburn.”
Judge Dickinson decided not to remand Wilburn for the time being and scheduled a date for the bail review. Before a date was selected, Andrews asked if a date had been set for the co-defendant in the case, to which Ross explained that the co-defendant’s case had been already resolved.
Judge Dickinson stated in her closing remarks, “I hear your arguments. I am concerned, but I am going to give him a chance to talk to his lawyer, but I am letting his lawyer know that I am leaning towards setting bail as scheduled.” The judge clarified she is leaning towards bail of $40,000, but it had not been set.
Alex Jimenez is a court watch reporter for The Vanguard at Berkeley. He is a senior Political Science major at UC Berkeley. He is from Pleasanton, CA.
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