VAN NUYS, CA – Judge Andrea C. Thompson ruled here this week in Los Angeles County Superior Court’s Van Nuys Courthouse preliminary hearing an accused facing a minor vehicle crime will be tried for a felony because of a history of drug abuse and other crimes.
The accused, charged with operating a vehicle without consent from the legal owner, was confronted at the hearing by two witnesses called by Deputy District Attorney Mark Richard Chernausek.
However, Deputy Public Defender Killian Renton Jones argued there was insufficient evidence to charge the accused.
DDA Chernausek called a police officer to the stand, and he confirmed the vehicle the accused was allegedly driving was stolen, reciting the license plate number—although DPD Jones called the testimony hearsay, noting it was difficult to accept the officer had memorized the license plate of the accused’s vehicle.
Judge Thompson overruled the hearsay objection, and the officer next identified the accused as the driver.
DPD Jones cross-examined the officer, who admitted under questioning the driver was not speeding or swerving. But, he added he “ran” the plates anyway on his car’s computer.
Detective Cory Nakamura then testified the original ownership of the vehicle was registered to someone other than the accused, who had been allegedly driving the vehicle. He also claimed the original owner of the vehicle did not have knowledge of nor permitted the selling of his vehicle and thought his car had been stolen.
Detective Okamura added the original and registered owner of the vehicle has no current or past relationship with the accused. The detective noted video camera footage taken by the original owner’s cameras showed two figures taking his vehicle July 18.
Under cross-examination by DPD Jones, the detective admitted he had not watched the purported video, did not know anything about its quality and was even unsure if the video depicting two figures taking the vehicle still existed.
DPD Jones then asked the court to dismiss this matter as a felony and drop it to a misdemeanor at most, due to the lack of sufficient evidence.
Judge Thompson appeared to consider reducing the charge to a misdemeanor but then reviewed her notes on the case and the accused.
It was at this point where Judge Thompson pointed out the accused has a criminal history as well as a past and current issue with drug abuse, adding, “I notice the use of drugs and criminality go hand in hand. Therefore at this time I’m not inclined to reduce the sentencing.”
The judge did allow the accused to remain released on her own recognizance (no bail), with the condition the accused attend counseling and AA meetings to resolve the drug abuse issue.
Judge Thompson then set the arraignment for the accused to Dec. 16 to set a trial.
