By Eric J. Trochez
SACRAMENTO – Here in Sacramento County Superior Court this week, at a settlement conference for a warrant arrest, a defendant made a special request from the judge.
That was to be allowed to spend the next few months with his mother, who had been diagnosed, four months prior to this hearing, with pancreatic cancer with six months to live.
The judge denied the request but not before private defense counsel Byron Roope made an impassioned plea.
Timothy Boone had been transferred from Folsom County Jail, where he pleaded to a tampering of evidence charge last year in August. The incident occurred in April 2019 and a warrant had been issued around that time. However, Boone never received word of this warrant and was unable to respond. Now he finds himself in a settlement case.
Defense counsel Roope explained the peculiar circumstances to the court and how the warrant arrest resulted in the transfer to the Sacramento court. Roope then began making a plea on behalf of the defendant, noting, “I’ll make my pitch for bail. I understand he [Boone] has an extensive record. In speaking with Mr. Boone, he is willing to resolve the case.”
Roope began to explain the “pressing issue” of the bail.
“His mother has been diagnosed with pancreatic cancer. She was diagnosed with six months to live. That was four months ago,” Roope said.
Roope said Boone hasn’t been able to see his mother because of the limitations COVID-19 has placed on visitation, but also due to the health and condition of his mother.
“Mr. Boone’s request is in some way he be released so he can spend these last couple of months with his mother. He is willing to comply with any terms as needed,” the attorney said.
Roope then proposed some sort of supervised GPS tracking monitor. Boone would be staying with his mother at her residence. Roope explained that Boone is also willing to resolve the case by accepting the offer from the People, represented by Deputy District Attorney Cody Winchester.
The offer is a mid-term double, but Roope seeks to resolve for a low-term double, given the “weirdness” of the case as he put it. He also requests that Boone be released on a Cruz waiver, which would allow Boone to be released from jail for a short period of time and appear to court for a later sentencing.
DA Winchester disagreed. Given the extensive criminal history Boone has, Winchester sees the defendant as a very dangerous man.
“The only time he doesn’t commit a crime is when he’s in prison,” Winchester said, noting Boone has had three separate trips to state prison and had nine parole violations up until 2018.
Judge Timothy M. Frawley asked how many bench warrants the defendant has been issued. Boone has had seven bench warrants issued, but none since 2010.
Judge Frawley ended up reaching the same conclusion as DA Winchester: Given Boone’s criminal record, he is considered to be quite dangerous. As a result, Judge Frawley denied the request of the defense without prejudice of being renewed.
Roope requested to return for a bail motion and further proceeding. Judge Frawley granted the request and set the proceeding for Oct. 14 at 8:30 a.m.
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