On the afternoon of July 28, 2014, defendant Gregory Cash appeared with attorney Bob Spangler in Department 8 of the Yolo County Courthouse for his preliminary hearing.
Mr. Cash, who is still detained, is being charged on two separate cases. The first case had two counts, one of which is felony possession of methamphetamine and the other being misdemeanor driving with a suspended license. The second case had one count which is assault with a deadly weapon.
Regarding the first case, Mr. Cash was driving westbound on West Capitol Avenue in West Sacramento on September 5, 2013, at approximately 1:30 AM. He was driving a tan Ford Explorer with no plates or registration and was pulled over by officer Daniel Gill of West Sacramento. The initial stop was for the reasons previously stated, but Gill claimed that he smelled alcohol on the defendant’s breath. Mr. Cash complied with an alcohol test and blew a .05, which in the state of California is within the legal limit.
Officer Gill said he was going to bring a K9 outside the vehicle to check for anything illegal. The K9 signaled that he had found something, and upon a search the officer found .2 grams of a substance which was later tested to be methamphetamine on the floor behind the driver seat. The car was impounded and Mr. Cash was arrested and charged with possession of methamphetamine, a felony.
In his defense, Mr. Cash had stated that he just bought the vehicle and had no idea the substance was in there. While on the witness stand, Officer Gill stated that “he could have turned around and dropped the meth.” The defense objected due to speculation, which was overruled. Mr. Spangler asked Officer Gill if he had asked Mr. Cash for a blood test, to which he replied, “No.”
The defense requested to drop the felony down to a misdemeanor due to the petty amount of the substance, and to the lack of evidence that it belonged to him. The request was declined due to prior prison convictions.
The next case regarding the assault with a deadly weapon occurred during the time Mr. Cash was supposed to initially appear for the possession of methamphetamine charge. One of the two repossession men took the stand and told the story:
He stated that he had spotted a vehicle that the repo company had been looking to repossess for a long time. He contacted some of the references that the man leasing the car, Mr. Cash, had left during the transaction. One of the references strongly advised the repo man to bring law enforcement during the repo attempt. He complied and, upon arriving at Mr. Cash’s house at around 11:30 pm, there were two officers parked in a squad car outside of the home. Once the tow truck backed up toward the vehicle, Mr. Cash ran outside with a “stick” of unknown material approximated to be about 3 feet in length and 1 inch in width and swung it at the witness yelling, “You are not going to take my car!” The witness ducked and began to run back toward the street, yelling, “This is a repo! “This is a repo!”
Once the repo man made it to the street he received the attention of the officers who “quickly ran out of the squad car and apprehended Mr. Cash within 3-4 seconds after the altercation reached the street.”
During cross-examination by the defense, Mr. Spangler asked if the squad car could be seen from the driveway.
The repo man stated that the driveway stretched back behind the home, so the vehicle was about 30 feet from the squad car and may have been out of sight.
He asked if the “weapon” ever flexed during the swing, and the repo man said, “I am not sure.”
Mr. Spangler asked to drop the felony charge to a misdemeanor because no one was struck, and because the “stick” is not a deadly weapon, as “we are not even sure what it even is.”
The judge declined by saying, “It could have poked someone’s eye out.”
The judge was willing to resolve the case and went back into chambers with both counsel to come to an agreement. It was not revealed what the deal was just yet, but it didn’t sound too good because, once it was discussed with Mr. Cash in the holding room, you could hear him break into tears.
He was granted a couple days to think about the plea deal, and the decision will be made by this Thursday at 9:00 AM in Department 8.