The challenge to the Gang Injunction was originally to begin today (March 9), however last week, Judge David Reed suddenly recused himself citing a number of cases that he was involved in as a defense attorney that the District Attorney’s Office intends to use. That move was likely a ploy by the District Attorney’s Office to remove Judge Reed who seemed to view their case more unfavorably than others.
The trial will now proceed in April with Judge Kathleen White presiding as she did over the preliminary injunction. Yesterday, a three judge panel in the Third Court of Appeals issued a ruling on a challenge to that preliminary injunction.
What started out as a modest story on the Vanguard has now been featured in stories across the world. Yes you read that correctly. On Monday February 8, 2010, the Vanguard wrote a story called “Yolo County Man Faces Third Strike For Stealing Cheese.”
It will not go down as the most read story on the Vanguard however it is probably by far the most influential. Because the Vanguard ran this story, the Sacramento Bee ran a follow up a few days later. As we reported to you, by Thursday, the Yolo County District Attorney had pulled back the push for three strikes and only asked for 11 years.
California taxpayers, in a system that is so strapped they are releasing minor felons, will have to pay the bill for one more. That was determined on Monday when Judge Thomas Warriner sentence Robert Ferguson to seven years and eight months in prison in part of the crime of stealing less than four dollars worth of cheese in addition to another petty theft that saw the theft of a woman’s wallet.
It could have been a lot however, as originally, the District Attorney’s Office was arguing for conviction under the three strikes law.
Today Robert Ferguson will be sentenced to prison for among other things, stealing less than four dollars worth of cheese and also stealing a wallet from a lady at a convenience store. While no one will argue that it is acceptable to do either of these things, given the state’s lack of resources and release of a variety of convicts, one has to wonder the wisdom of spending county time and resources on this sort of case.
It was just last week that Yolo County Superior Court Judge Rosenberg was praising the Yolo County judicial system for a high rate of disposition.
Federal Court Judge Morris England denied Defendants’ Motion for Partial Summary Judgment in the portion of the Buzayan family’s lawsuit that aims at the conduct of Davis Police Officers Pheng Ly and Ben Hartz.
The lawsuit stems from an incident that occurred on June 7, 2005, when Davis Police Officer Pheng Ly was dispatched to the home of Adrienne Wonhof-Gustafson to investigate claims that her Mazda had sustained damage resulting from a hit-and-run collision. Officer Ly made the determination that the Buzayan family was responsible, and the family paid for the damages. However, six days later, Officer Ly would arrest their then-16-year-old daughter on misdemeanor charges of hit-and-run.
The County Board of Supervisors this week discussed a proposal that would ask Yolo County voters to approve a measure that would raise the sales tax by half a percent to generate somewhere between five and seven million to alleviate struggles at the County level that have produced a twenty million dollar deficit for the coming fiscal year and will lead to a widespread cutback in services ranging from health and mental health to law enforcement.
The Vanguard is certainly sympathetic to the county’s plight particularly in light of the devastating cuts to health care services that will put all county residents at a great health risk. However, the Vanguard does not believe that this is a feasible plan.
On March 9, 2010, the challenge to the West Sacramento Gang Injunction will go to trial in Yolo County court. That was determined on Tuesday as Yolo County Superior Court Judge David Reed denied the District Attorney’s office move for summary judgment.
In the meantime, lawyers fighting against the injunction that would place strict limitations on the actions of those deemed to be gang members in West Sacramento, appealed Judge Kathleen White’s ruling from last year that put in place a temporary injunction.
Yolo County is facing huge deficits this year again as it has to cut 21 million from its operating budget. One of the problems that it faces is a huge amount of lands are preserved for agriculture. 97.2% of its unincorporated land is designated for agricultural use with 416,519 acres of those lands (69% of all acres designated for agricultural use) are in Williamson Act contracts.
As a result of its land use policy and directing urban development into its cities, the county receives the lowest share of property tax in the state and it also receives almost no significant sales tax revenue.
While Yolo County Sheriff Prieto on Tuesday once again expressed skepticism about the girl’s claims, telling the Sacramento Bee, “I doubt seriously whether anybody put a gun to this young girl’s head… It’s common sense: Do you really think a policeman would perceive a 9-year-old girl as a threat?” New evidence emerges that leads to a very different conclusion.
The Vanguard has obtained the emergency room report from the family of now 10 year old Cristal Ochoa, it shows that the family had to pay more than $3000 for the visit. Given the family’s lack of insurance and lack of means, is it lnot ogical that the family would incur those expenses if the charges were not true?
Yolo County Superior Court Judge David Reed allowed the case by the family of Ricardo Abrahams against Yolo Community Care Continuum to proceed despite strong arguments by attorney Ronald Enabnit who argued that death was not a foreseeable consequence of calling the police.
Judge Reed ruled that the duty of care ends with discharge and that there is a factual dispute as to when discharge occurred that needs to be determined along with other questions of fact during trial rather than during demure.
The testimony of the Yolo County Indepedent Civil Rights Commission has already begun to make an impact in Yolo County as Sheriff Ed Prieto is now forced to respond to allegations his deputies put a gun to a nine-year-old girl’s head during the serving a search warrant on June 11, 2009.
The Vanguard on Sunday morning was the first to report on nine-year-old Crystal Ochoa, who is now suffering from what appears to be post traumatic stress disorder stemming from treatment she received by Sheriff’s Deputies last June, the same team from the gang task force led by Sgt. Dale Johnson and including Deputies Bautista and Ovieda that had a little over a month before shot and killed Luis Gutierrez.
In the most recent round of budget reductions the Yolo County Health Department suffered significant losses of both personnel and programs. Unfortunately those cuts and the cuts in other County departments were not enough to eliminate the County’s budget deficit. The Supervisors have the difficult and thankless job of deciding where additional reductions will be made.
In difficult times it is important not to mince words. The following letter from the Health Council to the Supervisors emphatically states that further cuts to the Health Department represent not ‘fat trimming’ but the elimination of the equivalent of bone and vital organs. Further cuts will damage the aggregate health and well being of the County, and in some cases will result in the loss of substantially more State and Federal subsidy dollars than the dollars contained in the proposed cut.
The panel led by former state Supreme Court Justice Cruz Reynoso wrapped up its first weekend of testimony on Sunday, taking brief testimony from two witnesses and then listening to an impressive discussion by Private Investigator Frank Roman who went through the DA’s report blow by blow and raised questions that need to be answered and showed problems and contradictions in other areas.
Not everyone was appreciative of the panel’s efforts however, as both Yolo County District Attorney Jeff Reisig and Yolo County Sheriff Ed Prieto dismissed the panel as politically motivated and lacking credibility. However, as far as we can tell, neither attended nor had any of their deputies attend the weekend’s testimony.
Testimony by Witness Undermines Official Story at the Scene of the Crime –
Former Supreme Court Justice Cruz Reynoso is chairing a thirteen person commission on civil rights to look into the 2009 shooting of Luis Gutierrez. Saturday marked the first public meeting of that commission where they took testimony from four witnesses to Gutierrez’s mannerisms and activities of the day, the shooting itself, and the tactics of the officers. In day one of testimony taken by the Yolo County Independent Civil Rights Commission a number of witnesses were called to testify. Some of these were direct witnesses to facets of the events of the day that Luis Gutierrez was shot by three Yolo County Sheriff’s Deputies working for the Yolo County Gang Task Force.
One of the key witnesses, described in great detail what she had seen. She provided far more detail than what was made available by the Yolo County District Attorney’s Office in their report on the incident. She described the incident in great detail and told the commission that she had not seen a weapon, and that Mr. Gutierrez was retreating as he was shot.
Last week the Vanguard reported on the second mistrial in the case of brothers Ernesto and Fermin Galvan. This was a clear case of excessive force on the part of West Sacramento Police. The Vanguard will continue to analyze the case itself, however, at this time the concern arises about the jury and their handling of this matter.
There were critical questions that had to be determined in this matter, it involved a portion of the law that requires keen judgment a discernment of facts.
Given the state budget crisis, the Board of Supervisors has difficult choices to make, one of which is whether to accept the draconian cuts proposed for the Yolo County Heath Department. Threatened are the very programs that took us out of the squalor of the 19th century and that continue to guard our health today.
At the beginning of the 20th century, childbirth was dangerous and lives were short. In 1900, for every 1000 live births, 6-9 women died of complications of pregnancy and 135 infants died before their first birthday, a loss of more than one of every ten babies. By the 1950’s, these deaths were uncommon. The maternal mortality rate in 1997 was less than 0.1/1000 live births and the infant mortality rate by year one was 7.2 /1000 live births (1)(2). These changes are spectacular and unparalleled among improvements in all other mortality rates. Because of the salvage of infant lives, the expected life span at birth rose from 47.3 years in 1900 to 73.7 years in 1980, a gain of more than 26 years of life. More recently, a few additional years were added at the other spectrum of life; survival from the ailments of age (heart diseases and cancers) improved and life spans increased to 77.7 years in 2006 (3).
As we have reported more times than we bear, the county has around a 21 million dollar deficit that it will be cutting around March 25, 2010. In order to get to that point, whole departments may be eliminated. However, the worst impact will be on the residents who rely on vital services from the county, most particularly health services.
Departments have been asked to identify the possible impacts and develop worst-case scenarios in the event they have to absorb a 16 to 35% budget reduction target. From the health department budget the county is contemplating a cut over a little over a million dollars. The impact will be devastating on multiple levels. In the fiscal year 2007/08 there were 130.3 FTE positions in the Yolo County Health Department, by 2010/11, that number could be down nearly in half to 67.4.
Yolo County is facing fiscal crisis on a scale that boggles the mind. Last year, the county was able to cushion a 20 million dollar blow using reserves and concessions, this year, there will be no cushion for a 21 million dollar deficit. Vital services that people rely on to survey are going to be slashed. We’re talking health services, mental health services, and public safety.
In that context, last week, the Sheriff’s Department talked about the release of inmates. Indeed, across the state, there have been the release of prisoners, essentially people who have committed less dangerous felonies. Likewise Yolo County under a worst case scenario would immediately release 140 convicts with the closure of the Walter J. Leinberger Minimum Security Facility.
For the second time, a Yolo County jury was unable to reach a verdict in the case of Ernesto and Fermin Galvan, brothers who were charged with resisting arrest and battery for an incident that occurred back in 2005.
The defendants 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.
Judge Tim Fall declared a mistrial after a juror announced they were hopelessly deadlocked on all six counts. One juror held out against conviction on all counts, the same thing that occurred in the original trial back in 2007.
On Monday the Vanguard broke the story that Robert Ferguson is facing life in prison for a third strike in part for stealing cheese from Nugget Market. Quickly the Sacramento Bee also picked up the story.
As a result, Yolo County Prosecutors announced on Thursday that they would no longer seek life for the man who had also stolen a wallet from a woman in a 7-11 convenience store.