VANGUARD COURT WATCH: Defendant Makes Court Appearance in Wheelchair – Accused of Resisting Arrest

By Vanguard Court Watch Interns

Today in Judge Fall’s courtroom, Marlon Raye was brought from jail in a wheelchair for a probable cause hearing. He was arrested in West Sacramento on February 19 while riding a bicycle. He was charged with Resisting/Delaying Arrest and Possession of Methamphetamine.

Officer Wright, of the West Sacramento Police Department, testified that he observed the bicycle leaving the Pickwick Motel shortly after midnight. The officer was patrolling on foot. He called for assistance. No mention was made of why Officer Wright believed there was a reason to pursue Mr. Raye, nor why he was not in a patrol car. Foot patrol is not a common method used in West Sacramento.

Sergeant Fortier heard the call over his patrol car radio. He drove about 6 blocks on West Capitol Avenue until he saw Mr. Raye riding in the wrong direction on the sidewalk, on the other side of the street. Fortier turned his vehicle around and approached the suspect.

The sergeant claims he told Mr. Raye to stop three times, but the bicyclist didn’t stop until after the third request. In the meantime, Mr. Raye made an arc with his bicycle circling the police car in a slowing, wobbly manner. Fortier saw Mr. Raye take his hand from his left pocket, but did not see anything thrown by the suspect nor did he observe a weapon. At this point he told the suspect that if he didn’t stop he would be Tasered. Mr. Raye stopped near the median and got down on the ground. He was not handcuffed until other officers arrived.

Officer Wright saw a bag containing something white on the sidewalk and picked it up. It was assumed the bag belonged to Mr. Raye. It was later tested and found to contain .3 grams of meth.

Judge Fall decided there is probable cause to charge Mr. Raye with Resisting/Delaying Arrest, but not the drug charges. Neither officer actually saw anything in Mr. Raye’s hand nor did they witness anything being thrown. The remaining charge will result in a probation violation. There was no explanation as to why Mr. Raye was in a wheelchair in court. Deputy Public Defender Bret Bandley DID make a reference to the defendant having obvious physical difficulties that could make it hard to stop a bicycle quickly. Mr. Bandley also suggested the brakes may not have been working properly and were not tested by the police. That could explain the wobbling, circling stop.

Misdemeanor DUI Trial Opens

By Vanguard Court Watch Interns

Victor Lara’s jury trial began in the afternoon on Wednesday, April 10 in Department 8. Represented by Ms. Dennise Henderson, Mr. Lara is charged with two counts of misdemeanor DUI, as well as two enhancements for driving with a high blood alcohol content (BAC).

On November 16, 2012, Mr. Lara attended a work party at a restaurant before leaving to take a friend home. Officers responding to a 911 call found his vehicle in a ditch at the intersection of County Roads 29 and 102. The vehicle was 20-30 feet off the road, and Mr. Lara was the only person in the area. Mr. Lara exhibited objective signs of intoxication, and subsequently failed 5 field sobriety tests before he was placed under arrest. Further testing at the police department revealed that he had a BAC of 0.24%.

In his opening statement, Deputy District Attorney Kyle Hasapes stressed that the facts of the case are simple. Mr. Lara made a series of bad decisions, acted in a grossly irresponsible manner, and should be found guilty on all counts.

Ms. Henderson argued that things are not always what they seem, and that the police officers that responded to the scene were missing a piece of evidence. Before the party, Mr. Lara made the responsible choice to find a designated driver. They attempted to make a U-turn on the way home, but got stuck in the mud. Since neither man had a cell phone with him, the designated driver left Mr. Lara with the vehicle and walked to the nearest phone to call his wife. When he finally returned, the vehicle had been towed and Mr. Lara had been taken into custody. Since Mr. Lara was allegedly a passenger in the vehicle rather than the driver, Ms. Henderson urged the jury to find him not guilty.

The jury trial continued on Thursday, and the jury should begin deliberations on Friday morning, April 12. Ultimately, it will be up to the members of the jury to determine whether or not Mr. Lara’s version of the events took place.