By Wayne Chan
WOODLAND, CA— Yolo County Superior Court Judge David Reed this week denied Deputy Public Defender Katie Ann De Anda’s request here to release her client pretrial, who the PD claims is “trying to get his life together.”
The accused is charged with one felony count of concealed/carry of a dirk and dagger, three felony counts of possession of a dirk and dagger over two and a half inches long on grounds of a public or private college or university, and one misdemeanor for possession of methamphetamine.
He also has an enhancement from one strike of a prior conviction which prohibits him from probation in the future.
PD De Anda, representing the accused for his arraignment, pleaded not guilty for the accused, and denied the enhancement.
Judge Reed said he was “willing to hear comments” on the possibility of releasing the accused without bail, noting, “I do not have a predisposition at the moment.”
Deputy District Attorney Amanda Zambor stated the accused’s parole officer has not informed her of his performance on parole, but, since his release, the accused has “picked up one misdemeanor. He was on parole for battery while in custody. He was in custody for his juvenile strike prior which was also a violent offense…”
“My position is he has a strike prior for homicide. He’s still committing crimes in prison by assaulting other inmates. He is now out and has a plethora of knives on a college campus,” Zambor argued.
PD De Anda interjected, “I’d like to object. I believe we’re talking about a juvenile conviction at this point, and there’s been no 827 petition [for disclosure of juvenile record] filed, so any mention of that on the record should be prohibited and stricken.”
Judge Reed responded, “It’s alleged in the enhancement, for what it’s worth.”
DDA Zambor added, “Under the Welfare and Institution Codes, certain juvenile offenses are open to the public. 187 [Penal Code section 187, murder] is one of those offenses that does not require an 827 petition.”
Allegedly, according to the prosecution, the accused had a knife on his waistband and “over 20 grams of methamphetamine in a fanny pack” while on campus. And when officers searched his car, “they found a pry bar, a bat, and two other knives.”
PD De Anda responded, “none of these crimes that are alleged are violent or serious in nature. I understand that the idea of having a knife over two inches on school property may be concerning, but the charge itself is not a violent or dangerous felony.”
Returning back to the issue of his parole performance, PD De Anda added, “[The accused] indicates that he has done quite well on parole. He has only two months left on parole, and he is in good standing. He has multiple people in the audience here for him, including his father and his mother.”
The public defender said that, if released, the accused can stay with his father in Butte County while under the supervision of parole.
Judge Reed asked if possession of knives is prohibited by parole.
DA Zambor responded that she is not sure of his parole conditions, but it is standard of parole to prohibit possession of weapons.
PD De Anda requested that “if the court is not inclined (to release the accused SOR), I would ask that bail be set at a nominal amount. I understand that there’s a parole hold, but it sounds like the parole hold will be dropped. [the accused] is trying to get his life together. He does have a job. He would not be able to afford the statutory bail amount; a lower bail is possibly within the realm.”
Judge Reed responded, “The court declines to offer him OR” and asked DDA Zambor “if she has any comments on bail amount.”
DDA Zambor said bail “should be set at schedule. I believe he is a danger to the public. I calculated the schedule at $50,000.”
Judge Reed concluded the issues by setting bail at $10,000 and stipulating the condition of bail that the accused must obey all laws, report to parole within 24 hours of his release if he makes bail, and follow the conditions of his parole.
The accused is scheduled to return to court for his preliminary hearing Sept. 27.
