By Yelda Arghandiwal
Kelly Choate’s daughter felt no mercy, saying, “You’re a murderer, Jeff.”
On October 24, 2016, in Department 8 for the sentencing hearing of Jeffrey Lemus, convicted of the voluntary manslaughter of Kelly Mason Choate, Deputy District Attorney Kyle Hasapes called two witnesses to give their final words about the death of Mr. Choate. The witnesses testified that Mr. Lemus should be sentenced to the highest level of imprisonment for the murder of Choate on September 5, 2015, at the age of 53.
The defendant, Mr. Lemus, was charged with California Penal Code section 192, manslaughter, the unlawful killing of a human being without malice. He was also convicted of using a deadly weapon, which would add to his time in prison. In this case, Lemus stabbed Choate with an 18-inch knife (sword) at a bar. Mr. Choate was taken to the UC Davis Med Center, and a few hours later was pronounced dead at age 53, less than two weeks before his 54th birthday.
The court session proceeded as soon as Judge David W. Reed, defendant Jeffrey Lemus, Deputy District Attorney Kyle Hasapes, Deputy Public Defender Ron Johnson, and family members were present. Judge Reed asked the People to come forward with any last witnesses. Mr. Hasapes called on Mr. Choate’s sister, “A.” She gave a detailed description of her and her family’s feelings and sufferings during this time. The family is still mourning Choate’s death, describing him as a fun, funny, laughable and loving brother to A. Choate’s favorite hobby was fishing – it was actually a part of him. He would make jokes just to make everyone laugh and, even if the jokes weren’t funny, he would laugh himself. His sister said, “The other family celebrated on the day of the attack, while (her family) mourned over the death of my brother.”
No one could ever forget what happened the night of December 5, 2015. Choate’s sister said that her brother was just at the bar, after work, trying to spend time with his friends. Choate was confronted by the defendant in the restroom, but Choate walked away from the matter. “Why couldn’t you just leave it at that? My brother walked away and he meant no harm to you. You had a choice Jeff! You made lots of choices but you still decided to hurt my brother,” cried A.
Even after Kelly Choate walked away, Jeffrey Lemus couldn’t stop himself. He set his plan to hurt Kelly Choate. After remaining in the restroom for 12 minutes, pacing back and forth and planning what to do next, Lemus walked out of the restroom and charged Choate. Mr. Lemus pulled out his 18-inch knife (as Mr. Hasapes said, a “sword”) and stabbed Mr. Choate right in the heart. Then Lemus stared at Choate, showing no remorse for the crime he had done, and walked out of the bar. After several minutes, Lemus walked back into the bar. By then the Woodland Police Department (WPD) and paramedics were present. The paramedics had Mr. Choate on a stretcher and walked by Mr. Lemus, describing that “he showed no remorse as Kelly Choate was pushed passed him on the stretcher, brutally injured,” said Mr. Hasapes.
Later, when Lemus found out that Kelly Choate had died, he cried. “But you cried in self-defense,” asserted A. “You only cried because you knew you committed a crime and you were guilty. You didn’t cry for the death of my brother.” The sister asked the judge and jury to punish Jeffrey Lemus with the highest level of sentencing.
The second witness Mr. Hasapes called was “KC,” daughter of Kelly Choate. As KC began to speak, she broke into tears, showing the pain and suffering Jeffrey Lemus has caused her family. “My dad was totally different, rather than the assumptions made,” said KC. “He was a good man who loved his daughter, grandchildren and family. He was a good person – his love for nature and animals, his laugh, his great hugs and his remarkable jokes. He wasn’t faithful, anxious or planned out but took it day by day,” said KC. Yes, he sometimes would smoke, chew tobacco, use marijuana and meth, would curse, he was stubborn and messy, but “I called him a caveman because he was down to earth,” she said. “His hugs would make everything better. He was like a big teddy bear, not what Mr. Johnson explained. My father was sarcastic, obnoxious, famous for his great hugs and loving.”
KC said that her father carried a visible knife, and everyone knew it was “his tool. Why were you threatened by it? You used an 18-inch knife in self-defense? I go to that bar every week sitting in the same spot (where) my father was killed.” Before, she used to think of it as a happy and fun place to enjoy after work “but now it’s a place I mourn. It hurts so bad as if I lost a piece of my heart. So much heartache, I can’t explain,” said KC. “Even with this pain in our chest, we sit here every day of the hearing, watch the videos, look at the pictures of my father and we cry, we cry and hope for justice. We have no mercy for you, Jeff. Where was mercy for my dad? You’re a murderer, Jeff!”
At this point, Judge Reed asked if the defense had any last words. Mr. Johnson said his client would like a few words.
As he raised his head and looked over at the family of Kelly Mason Choate, Jeffrey Lemus said, “I want you guys to know, I’m sorry, I really am, even though it won’t make a difference.”
Judge Reed asked if the People have anything they want to say.
Mr. Hasapes said, “The court should not make any court findings.” The defendant used “not a short knife, but a huge sword.” Probation doesn’t include that the defendant was leaving and coming back in 12 minutes – he was standing outside waiting for victim, and “he didn’t care for the world,” said Mr. Hasapes, quoting one statement from a witness.
Judge Reed said there is no record of mental issues for the defense, and the defendant has a record of misdemeanors which resulted in probation – but probation was violated by the defendant about nine years ago. Therefore, the conditions do not permit probation for this case. The defendant had “great provocation and was a willing participant.” There are insufficient facts, therefore Lemus is ineligible for probation. The probation department recommended “middle base term of six years” of imprisonment for manslaughter and one year for using a deadly weapon, resulting in a total of seven years of imprisonment. Defendant Jeffrey Lemus was therefore sentenced, on October 24, 2016, to seven years in prison.
