NEWPORT BEACH, CA – During a felony arraignment hearing Thursday in Orange County Superior Court, Deputy Public Defender Nancy Lee argued the prosecution was amplifying damages the accused was charged with to increase bail.
The accused was charged with driving under the influence of drugs causing injury on Sept. 10, 2022, and is currently undergoing treatment in an inpatient treatment center.
DPD Lee asked the court to consider having the accused released on his Own Recognizance (OR) as long as he stayed in his program, since the case was already two years old and he was in the midst of treatment.
Deputy District Attorney Anahi Millot-Audetat requested that bail should still be set because on Sept. 10, 2022, the accused “plowed into a … worker’s truck,” destroying the back bumper and shattering the back windshield.
DDA Millot-Audetat continued to read her statement, asserting “the impact was so hard that it caused a fire” and the victim was severely injured.
DPD Lee pulled up the victim’s medical report, explaining to the court that there was damage to the victim’s shoulder but he was able to return to work the following week, and a significant portion of the damage was on the accused’s vehicle.
“The damage is not as severe as it has been made to sound,” argued DPD Lee, noting the accused has been in detox since July, and since the accused is unemployed while in treatment, setting bail would disrupt his progress.
Judge Derek G. Johnson asked if the accused would still be enrolled in the program “into the new year,” to which DPD Lee answered, “Yes, until January of 2025.”
Judge Johnson deliberated for a moment before announcing, “at least for now, I’ll release (the accused) on his own recognizance as long as he stays in the program.”
The accused was told by Judge Johnson he would receive no court credits for jail time and he was not allowed to operate a motor vehicle.
A pre-trial conference was set for Oct. 28.
