Court Watch

A Yolo County Man, Robert Ferguson is facing life in prison for a third strike in part for stealing cheese from Nugget Market.  Prior to that he was convicted for petty theft at a 7/11 for stealing a woman’s wallet.  Sentencing will occur on March 1 to see if indeed he is given his third strike in which he would spend 25 years in prison, essentially a life sentence for a man in his mid 50s.

Mr. Ferguson was previously convicted back in 1982 for three separate counts of residential burglary, at the time he was age 25 years old.  Six years later he pled guilty to a single count of 1st degree burglary.  Finally in 1995, he pled guilty to a single count of petty theft with a prior.

After nearly five years, the trial opens for Fermin Galvan-Magana and his brother Ernesto who face counts of resisting arrest and battery on police officers for an incident that occurred back in 2005.

The Vanguard covered this story back in 2007.  The defendents have alleged excessive force by the police officer.  At that time, they had been unable to come to trial because the younger brother had suffered debilitating head injuries.

A Davis resident and mother of a teenage son was stunned to learn that her son would be facing 10 felonies including 5 gang enhancements for his role in a fistfight in front of her Davis home.  As the Vanguard soon learned, her son would not be alone.  Is this part of a new rising gang threat in Davis or simply a matter of the Davis Police Department and the Yolo County District Attorney’s Office overreacting to relatively minor offenses by tacking on gang enhancements?

The Vanguard, in the first of what could be several installments over the coming weeks and months examines, that question more closely.

On Thursday, Jonathan Raven from the Yolo County District Attorney’s office announced that the Yolo County DA’s Office had declined to file charges against James Marchbanks, a graduate assistant who had allegedly made a bomb threat to his students on the last day of class back in December. 

He cited a lack of evidence to proceed with charges and obtain a conviction.  This ended a long and strange saga that has generated outrage and bewilderment among many on the UC Davis campus and in the community.

Yesterday, the People’s Vanguard of Davis proudly launched its newest project, Vanguard Court Watch.  Vanguard Court Watch is a focused effort to monitor and track cases that go through the Yolo County Judicial System from arrest to adjudication. 

Yolo Judicial Watch will be located on the Vanguard but available on its own separate page: yolojudicialwatch.org .

Last night at Dingle Elementary School  in Woodland a large audience of at least 150 people gathered to listen to what was billed as a townhall meeting with the county and city’s leadership.  Apparently organizers for this event entitled, “Protecting Our Children’s Public Safety” organized by the Yolo County Justice Coalition, had invited leaders ranging from the members of the Woodland City Council, the Woodland Police Chief Carey Sullivan, Yolo County Sheriff Ed Prieto, District Attorney Jeff Reisig, and members of County Board of Supervisors.

Of these invitees only two showed up.  Woodland Police Chief Carey Sullivan sent his Lt. Don Beal and Woodland Mayor Skip Davies came and graciously and patiently addressed a group of questioners that seem to grow more frustrated as the night went on.  The crowd was very grateful to Lt. Beal who was actually on duty as the scene commander and to Mayor Davies, but they were frustrated at the lack of attendance of other political leaders.

It was a fact first mentioned in the December Sacramento Bee article on District Attorney Jeff Reisig that the number of felony trials in Yolo County has risen from 30 or 40 a year to 120 a year since Reisig took over.  The result of that is that Monroe Detention center is no longer heavily backed up and the process has been streamlined.

The Daily Democrat wrote a story on this January 3 and the Enterprise on January 10.

The Sacramento Bee yesterday ran a story on Sunday on Yolo County District Attorney Jeff Reisig where the DA defends his anti-gang campaign.  Unfortunately the article reads more like a puff-promo piece than a piece that critically examines Mr. Reisig’s gang record or whether Yolo County faces the problem that the DA claims.

Perhaps in another publication, the writer would have immediately realized the absurdity of it all, comparing Jeff Reisig to famed gangster-hunter Eliot Ness.

A pretty good article earlier this week in the Davis Enterprise on the rape case of three men who had been accused of rape, sodomy, kidnapping and charged with 63 counts.  Sound familiar?  Except this time the accused facing near certain life times, were found innocent by a court of law that issued the verdict on Tuesday.

We did not sit through the trial and we only know press accounts of the case, but it has all of the familiar elemnts.

This past weekend, the Woodland Daily Democrat printed an op-ed of mine on the issue of the District Attorney’s Office report on the shooting of Luis Gutierrez.  I did not replicate the article here due to the fact that I have said everything on these pages that I did in the op-ed and more so.  The op-ed generated 144 comments on the Daily Democrat site. 

Today, Yolo County Supervisor Matt Rexroad, a former Mayor of Woodland, has written a response that was published on the Daily Democrat site.  When I first met Mr. Rexroad, I told him that he and I would likely be adversaries quite a bit.  What I have found is that there are times when I disagree with him, but there have also been times when we have been on the same side of the issue.  This is probably the issue of the biggest disagreement between the two of us.

It was just last week, prior to the Thanksgiving break that the District Attorney finally released their report and the concurrence by the Attorney General’s Office on the more than six month old shooting of farm worker Luis Gutierrez as he walked on Gum Ave following an appointment at the DMV.

If you missed it last week the Vanguard embarked on a lengthy analysis of the District Attorney’s report, concluding the findings in the report are not nearly as clearcut as the District Attorney claims.  Given the circumstances involved, it seems reasonable that the shooting may have been justified, but the situation from the beginning was escalated by questionable actions by the officers involved.

Recently obtained court documents show that the Yolo County District Attorney’s office is currently prosecuting outside of county jurisdiction.  Official court records and transcripts reveal that Deputy District Attorney Garrett Hamilton is actively prosecuting a case in Colusa county. The case has numerous complexities.

In People of The State Of California vs. Santiago Rodriguez Ochoa, the Yolo County District Attorney’s office charged an 18 year old with six criminal counts; one of the counts being subject to a gang enhancement. The case was first prosecuted by Deputy District Attorney Hamilton in the Yolo County Court.

The Yolo County District Attorney’s Office has cleared three Yolo County Sheriff’s Deputies of any criminal conduct related to the April 30, 2009 shooting of Luis Gutierrez.

A 37 page District Attorney report concludes:

“When considering all of the facts and circumstances known to them at the time, the use of deadly force by the deputies was objectively reasonable and justified and therefore does not warrant the filing of criminal charges against Sgt. Johnson, Deputy Oviedo or Deputy Bautista.”

The parents of Ricardo Abrahams have settled a portion of their law suit, the portion that sued the city of Woodland and four police officers for the tasering incident on May 28, 2008 where Mr. Abrahams eventually died not from the Taser strikes but rather from positional asphyxia–being improperly handcuffed in a prone position.  The coroner concluded that the weight of the victim contributed to his death.

The settlement agreement was for 300,000 dollars.  Under the agreement there was no acknowledgment of wrongdoing on the part of the city of Woodland or its four officers involved in the incident.

If you read the press clippings that were covered in the local paper, a West Sacramento man with a history of violence against police has been convicted of a felony stemming from a confrontation he had with officers this spring.  According to a press release that was covered in all of the local papers, including the Sacramento Bee, a Yolo County jury convicted Anthony Gino Roman, 43, on one felony count of resisting a police officer in the performance of his duties by use of force or violence.

As usual however, the District Attorney’s office presented a very one-sided view of what happened and the local papers, including the Bee never bothered to try to get the other side of the story.

Friday marked the six month anniversary of the death of Luis Gutierrez who was shot down by plain clothes Sheriff’s Deputies after a foot pursuit in Woodland on April 30, 2009.  The case is still under review following a full investigation by the Woodland Police Department who turned it over to the District Attorney’s Office.  The District Attorney’s office has forwarded it to the Attorney General’s Office and the FBI for a third party review of the investigation.

On Friday a modest crowd of 100 people, many of them friends and family of Mr. Gutierrez gathered at the Woodland DMV.  After a brief address by organizer Al Rojas and a few words by Jose Santos Gutierrez, the father of Luis, the crowd clan with candles and flashlights solemnly marched down Gum Avenue to the Highway 113 overpass where Mr. Gutierrez was pursued and shot.  They stopped at the top to kneel in prayer and remembrance.

According to statistics obtained from the Yolo County District Attorney, 1,088 validated gang members currently reside in Yolo County.  Additionally, the  D.A has confirmed the presence of ten active gangs in the County:

Gangs operating in Yolo County:

On October 21, the Woodland Daily Democrat ran a story entitled “Alternative to Prison Offers a Second Chance.”  It was a story that chronicled the Yolo County Drug Court, which offers non-violent drug offenders treatment rather than jail time.  According to the article, Yolo county has one of the most rigorous programs in the state, even granting eligibility to people who commit crimes to feed a drug addiction such as multiple DUIs, grand theft auto, petty theft and drug possession.

A day later, by chance, the Davis Enterprise also ran a story on drug court entitled “A Second Chance: Drug Court Offers Alternative to Prison.”  It was different story, written by Lauren Keene, which chronicled a 44 year old alcoholic.

Around 30 protesters carrying signs and braving a light but steady rain gathered in front of the Sacramento District Attorney’s Office and then marched to the Matsui Courthouse in order to deliver a letter to US Attorney General Eric Holder asking for an investigation into the District Attorneys–Jeff Reisig of Yolo County and Jan Scully of Sacramento County.

Organizer Rev. Ashiya Odeye from the Justice Reform Coalition told the Vanguard late Monday:

On August 7, 2009, Yolo County Superior Court Judge Timothy L. Fall sentenced Ajay Kumar Dev, 42, for his multiple count conviction of the serial molest and rape of his adopted daughter, which allegedly occurred between January 1999 and December 2004.  It is one of the longest sentences in Yolo County history.

In June, a jury convicted Dev of 76 felony counts including 23 counts of forcible rape; 23 counts of forcible sexual assault; 27 counts of lewd acts with a minor; and 3 counts of attempting to dissuade a witness. The jury hung on three of the counts and returned not guilty verdicts on 13 others.