By Anna Zheng
WOODLAND, CA – Brian Tracey Mock appeared in Yolo County Superior Court here late last week to ask for a waiver to see his dying mother, who is on life support in Utah—Mock is in court facing charges of allegedly inflicting injury on his wife.
In the end, the judge allowed Mock to postpone sentencing and see his mother.
Deputy Public Defender Erin Dacayanan stated that she advised the defendant to not make this request, but he remained adamant.
According to the court file, the defendant and his wife were in a verbal argument, where it eventually escalated to being physical. Mock’s wife is recovering at the hospital with severe injuries after the event.
Mock pleaded guilty to the felony charge and is awaiting his sentencing date. He appeared in court to request for a waiver from that sentencing.
The defendant’s 84-year-old mother in Utah is on life support until Sept. 13. With the court’s permission, the defendant wishes to travel to Utah to be there during his mother’s last moments.
“I explained everything about the (waiver) to him and why I personally don’t think that’s a good idea, but it is something he is requesting so that he can have that one last moment with her and then return for sentencing and face whatever the court decides is appropriate as a condition of probation,” PD Dacayanan explained.
Although Deputy District Attorney Roman Ibanez said he was sympathetic toward the defendant, he raised a concern about the defendant’s potential inability to attend his court dates if he were to travel out of the state.
“Part of my concern is… I don’t want to be in a situation where Mr. Mock goes to Utah with every intention of coming back here [for] his probation interview date, his surrender dates, exemption dates, etc. and then runs into a transportation issue where he is stranded in Utah,” the DDA explained.
Dacayanan assured the prosecutor that when the defendant was in the military, he was “always able to find a way back.” However, Ibanez responded with, “That doesn’t inspire a ton of confidence in me.”
Dacayanan then informed the court of the defendant’s brother, who lives in the area where his mother is currently. “He does have support and assistance when he’s out there in order to return,” she elaborated.
Judge Peter M. William allowed the defendant’s waiver, noting he understood the urgency and intention of the defendant’s request. However, he warned the defendant of the consequences he would face if he were unable to come back.
“I find it hard to refuse your request given the circumstances if your mom is on life support. I’m not really inclined to keep you from her bedside at that final moment. It’s pretty important for you to understand that if you don’t make it back here, my intention will be, barring some extraordinary circumstance, to sentence you to the maximum,” Judge Williams explained
“It’s absolutely crucial that you figure that out with enough time to get back here on a date that we will set in the future,” Judge Williams concluded.
