Emotional Victim Impact Statement by Wife Moves Sacramento Judge

By Julietta Bisharyan

SACRAMENTO – During sentencing in a domestic violence case at Sacramento Superior Court, the alleged victim’s impact statement was read aloud, leaving a lasting impression on the judge.

According to Deputy District Attorney Anissa Galata, on Feb. 22 the defendant, Francisco Andres, committed a felony by willfully and unlawfully inflicting corporal injury on his spouse, resulting in a traumatic condition. The defendant also allegedly threw an object at the victim’s vehicle. Their three children witnessed the entire incident.

Represented by Assistant Public Defender Mirayla Freshwater, Andres pled no contest to the felony charges, and Judge Scott Tedmon sentenced him to five years felony probation and 364 days in county jail. He was also ordered to enroll in the batterer’s intervention program and to attend 90 Alcoholics Anonymous meetings.

“I apologize, the smoke (from wildfires) is starting to get to me,” the judge said, his eyes tearing while reading the terms.

After Andres accepted his terms of probation, Galata proceeded to read the victim impact statement.

“I have so much to say; I can’t even process all of this. I’m stressed out, depressed—this affects me mentally, emotionally, and physically. I am drained on anything that has happened to me and in front of our children—for all of Francisco’s actions,” begins the statement.

The victim, who has been with the defendant for 12 years, asked that he gets mandated anger management classes for his drinking problem and to take parenting classes.

“He has done so much damage to our kids, mentally and emotionally. They have seen so much that our children are starting to act like him. They see how he treats me, and they think it’s okay for this to happen,” the statement continued.

The alleged victim also noted that Andres has been an alcoholic for as long as they have been together, with his drinking always leading to severe consequences.

“I cannot leave my kids’ sight without them wondering if I’m doing okay. The safety and well-being of my children is the main and only concern I have in this whole situation,” the statement concluded.

After Galata finished reading, Judge Tedmon asked for the children’s ages. Andres responded that they are seven, eight and 11 years old.

“Your children, like any child, have one childhood. That’s all they get. They don’t get a do-ever for their childhood,” said Judge Tedmon. “And the mother’s statement today has made an impact on me. As adults, we can redirect our lives and rehabilitate to move ourselves in the right direction. Children don’t have that luxury.

“If you come back to court on a violation of probation and I’m sitting in that courtroom as the judge, I will take the information presented, but there is a likelihood that you will go to state prison,” cautioned the judge to the defendant.

With the judge’s warning, Andres was promptly dismissed.

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About The Author

The Vanguard Court Watch operates in Yolo, Sacramento and Sacramento Counties with a mission to monitor and report on court cases. Anyone interested in interning at the Courthouse or volunteering to monitor cases should contact the Vanguard at info(at)davisvanguard(dot)org - please email info(at)davisvanguard(dot)org if you find inaccuracies in this report.

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