A week later and Antwoine Perry, 21, has joined the other four co-defendants in the Picnic Day 5 case to close out the contentious case.
Last week many were surprised by a plea agreement partway through the preliminary hearing that allowed co-defendants Anthony Craver, Elijah Williams, Isir Price and Angelica Reyes to avoid jail time and spend a year on probation.
But Mr. Perry had his case delayed after he dismissed his private attorney and retained conflict counsel Bob Spangler to represent him going forward.
Mr. Perry took a deal that was, according to prosecuting attorney Ryan Couzens, “the same offer to every other defendant.”
Mr. Spangler attested that it was in “all respects identical.”
Like his co-defendants, Mr. Perry plead no contest to Count 2, Penal Code section 69, felony resisting arrest with force or fear, and a misdemeanor PC section 242, Count 9, simple battery.
Also like his co-defendants, the felony resisting arrest charge was held as a Deferred Entry of Judgment for one year – meaning sentencing on that will be deferred, allowing the him an opportunity to earn a dismissal through the successful completion of court imposed conditions, including participation in a local restorative justice program in the City of Davis.
Mr. Perry would have to avoid convictions for any misdemeanor or felony criminal conduct in the next year. Mr. Couzens clarified that, while he was not encouraging Mr. Perry to commit a traffic violation, that would not preclude him from successfully completing the court imposed conditions.
Mr. Perry also must serve one year probation for the battery conviction, which requires him to obey all laws and pay fines and fees. Judge David Rosenberg did reduce his fine to $150 based on the day in jail he spent, and told the court the other defendants could petition the court for reduced fines as well.
In explaining the basis for the offer, Mr. Couzens cited, as before, Mr. Perry’s youth, his lack of a criminal record and the early stage of these proceedings. He said that, with restorative justice, he is optimistic that it will bring a level of understanding to help all parties go forward.
He said the case presented a unique opportunity for a restorative justice solution in Davis, which has shown strong support for such approaches. Since the other defendants plead, there have been robust discussions between the District Attorney’s Neighborhood Court team, the Davis Police Department and Davis Mayor Robb Davis regarding developing the restorative justice process for this case.
Like his co-defendants, should Mr. Perry stay clean, he would have the felony conviction never appear on his record by this time next year and his attorney could petition the court to remove the misdemeanor conviction as well.
This largely ends the much contentious Picnic Day incident.
—David M. Greenwald reporting