WOODLAND, CA – An accused facing a felony attempted murder charge was denied temporary release to attend his brother’s funeral Monday here in Yolo County Superior Court, despite Deputy Public Defender Rob Gorman’s arguments.
The accused has a laundry list of charges, including attempted murder, assault with semi-automatic firearm, possession of firearm by person previously convicted felon, possession ammunition by person prohibited from owning/firearm, and five enhancements.
The hearing began without the presence of the accused, who is jailed, and DPD Gorman explained to Judge Tom M. Dyer he filed a calendar memo for transport of the accused Friday morning and spoke with the clerk.
DPD Gorman stated that in order to proceed he would be waiving his client’s appearance, but as DPD Gorman was waiving the accused’s appearance the accused arrived.
DPD Gorman argued moving forward to trial would show this incident was in self-defense and it was “bad blood between two men.”
DPD Gorman reminded the court the victim had 14 prior felony convictions and three or four of those contained firearm cases, although this case involved possession of a firearm but no intent to shoot the victim.
DPD Gorman addressed the detail that after the victim was down a person approached on a scooter and removed something from the victim’s right pocket; both men had a gun, and the accused was just the first to shoot.
DPD Gorman adds there were three rounds left on the firearm and if the accused did intend to kill he would have used them.
DPD Gorman stated the prosecution was “entertaining” a resolution on this case, and he was requesting the accused be released on a GPS tracker for several hours so the accused could grieve with his family and be able to attend his brother’s funeral.
Deputy District Attorney Adrian Chin Perez stated the prosecution opposed this request, explaining that, logistically, she was unsure of how a temporary release could work because the accused had an outstanding warrant in Sacramento County for an alleged shooting.
DDA Perez added the accused was a public safety risk and that a GPS tracker could not prevent the accused from harming the public or even fleeing.
Probation also agreed with the prosecution.
Judge Tom M. Dyer expressed regret for the accused’s circumstances and stated this was a reasonable request to be made, but he must balance with the circumstances since a firearm was included.
Judge Dyer added, “I have too much concern for public safety” and declined the request.
The accused remains in custody with no bail.
