VANGUARD COURT WATCH: Jury Finds Defendant Guilty of Firearms Offenses

By Anthony Rascon-Ramos

In the jury trial of People v. Darnell, the jury reached a verdict on Wednesday morning on the five counts charged against the defendant. On the first count of carrying a loaded firearm, he was found guilty, as well as on the additional allegation of not being the owner of the firearm. On the second count of possession of a concealed firearm and on an additional allegation he was also found guilty.

Lastly, on the third count of possession of burglary tools he was found not guilty.

Deputy District Attorney Davis’ main argument was that the defendant was in possession of a firearm, he knew that he had it on him, and the tools found were burglary tools. Deputy Public Defender John Sage’s main argument was that the defendant had to assist his friend on a medical emergency and so he forgot to leave his gun and tools at home.

Officer Owens, who previously worked for the Davis Police Department, was the first to take the stand on Tuesday afternoon.

Ms. Davis asked Officer Owens about the incident that occurred at around 6 p.m. on March 15, 2012.  She was called onto the scene because of suspicious activity occurring at the Big O Tires parking lot in Davis.

When she approached the defendant and the man standing beside him, they seemed glad to see her. They proceeded to tell her that they had a flat tire and that they came to Big O Tires to get a new one, but did not have enough money to buy one.

She then asked for identification from both individuals. As the defendant was reaching for his back pocket to retrieve his wallet, his shirt came above his waist and Officer Owens was able to detect some knives strapped around his waist.

Then DDA Davis then asked if Officer Owens had asked the defendant if he possessed any more weapons. Officer Owens said that she asked him multiple times, but every time she asked, he said no.

Ms. Davis went on to ask if she obtained consent or not from the defendant to search him further. Officer Owens responded that she did obtain his consent. Officer Owens performed the search and found a small, black Tech 380 handgun with one round in the chamber. She further checked the defendant and found a lock pick and child-lock pliers.

Officer Owens and her partner proceeded then to check the vehicle in which they found these tools: a pair of gloves, a black beanie cap and a police scanner.

Ms. Davis asked if the tools found on the defendant and in the car resembled tools used for burglary. Officer Owens responded that, in her experience, the tools found matched the tools used during burglary invasions.

Ms. Davis proceeded to ask if Officer Owens asked if the defendant was employed. Officer Owens stated that the defendant told her that he was unemployed.

Mr. Sage stated that the defendant worked at his friend’s apartment complex for room and board. He required the tools and hand-gun found on him to protect himself and to evict people from apartments.

Ms. Davis disputed this statement by asking Officer Owens how long she spent talking to the defendant. Officer Owens responded saying she spoke with the defendant for approximately 90 minutes and he had at no time explained himself.

The next witness, Dawn Curtis, works for the CA Department of Justice, in the firearms department as an analyst and custodian of records.

Ms. Davis asked if the gun was registered to the defendant’s name. Ms. Curtis replied that the serial number on the gun displayed no registered owner in California. She also proceeded to look on the NCIC database (national database) and found that the gun had no history of a registered owner.

The last witness called up by the defense was Christopher Robinson. Mr. Robinson is the assistant manager at an apartment complex in West Sacramento.

On March 15, 2012 he had a painful testicular medical issue and had to go to the hospital located in Davis. Mr. Darnell assisted him by finding him a ride and going along with him.

Ms. Davis proceeded to ask about the items found on the defendant. He said the lock pick belongs to Mr. Darnell who uses it when they would go into evicted apartments. He stated going into evicted rooms was a dangerous situation. He knew that Mr. Darnell carried a gun.

He also stated that the pliers found on the defendant are used for plumbing and gloves are usually worn because sometimes the apartments are dirty.

The witness was excused and both counsels gave their closing statements. Ms. Owens explained all the elements under the counts, and explained the additional allegations supporting counts one and two.

She then proceeded to argue that he was carrying a gun and whether he knew it or not did not matter because the gun was on him. In addition, she made the argument for count three, that he had 90 minutes to explain himself regarding the items found on him and in the car.

Mr. Sage argued that the case is not as straight forward as it seems but requires a lot of background information. He gave explanations for the reasons the defendant was carrying the items found on him and in the car, which were for the work he performed for Mr. Robinson at the apartments.

Mr. Sage also pointed out that the father of the defendant, who had given the gun to his son, was never contacted. He then addressed the issue of the police recovering 6/7 bullets, carelessly losing one of them.

Lastly, he stated that the defendant was looking out for his friend’s safety. He gave the example of, “Would you check your pockets when a child is drowning in a pool?”

Finally, the prosecution’s final closing statement argued that the defense wanted to focus on things that were irrelevant such as the defendant taking his friend to the hospital. The case should only focus on the laws. The law specifically states you do not have to make a wrongful intent for possessing an un-registered handgun.

UPDATE: The defendant will be sent to the probation department for a pre-sentence report and will be sentenced Sept. 20 at 1:30 p.m. in Dept. 4.