By Carlin Ross
SACRAMENTO – As often happens, a plea by a defendant here in Sacramento County Superior Court to have bail lowered had the opposite result, when the judge—after reviewing the file—boosted the bail amount needed to be released.
This was the case Friday, when a defense attorney asked about an ankle monitor for Scott Cherms should he be released, but Deputy District Attorney Stephanie Aarseth requested that Judge Michael Savage increase bail.
The judge did so, hiking bail from $100,500 to $500,000 because Cherms’ offense was not only “very serious,” but “a safety risk for the public.”
DDA Aarseth noted that Cherms had a prior strike to this case. In 2007, the defendant “was involved in the rape of a disabled 26-year-old girl” and was sentenced to 16 years in prison.
In July of 2020, Cherms was charged with a misdemeanor for violating Penal Code section 273 (a), willingly causing or permitting a child to suffer.
Aarseth pointed to Cherms’ relationship with a mother of a nine-year-old and six-year-old, who had bruising all over their legs that Aarseth said was “very significant bruising…the two children also indicated that the defendant hit them on the legs for no reason.”
Additionally, the children mentioned having a pick axe thrown at them, as well as having been locked in a trailer by the defendant. In this case, Cherms was also allegedly texting the mother of the two boys, directing her not to cooperate with the police.
Cherms was charged with his second case only a month after the first incident, in August. Similar to the previous charge, he was found abusing the two boys, so his misdemeanor turned into a felony charge with a strike.
Cherms violated Penal Code section 273d(a) for willfully inflicting any cruel or inhuman corporal punishment, or an injury resulting in a traumatic condition upon a child.
Prosecutor Aarseth noted a written no contact order was in place. However, the mother had not been charged with anything, and the DDA worried about the defendant persuading the children to not testify.
Defense attorney Christy Van Stelle chimed in briefly, stating that the strike was from almost 13 years ago.
She also said “$100,500 is a large amount for someone with [Cherms’] income to pay.” Lastly, she offered that the court could attach a GPS ankle monitor to Cherms, if needed, in case the court was planning on releasing him.
Judge Savage kindly retorted “we won’t be needing any GPS.”
The judge added that if the case had gone through his courtroom previously, he would’ve set it at no bail. He seemed confused why it hadn’t been set at no bail before. Thus, he granted the People’s request to increase bail.
The judge said “the strike is horrendous and serious and not that old. The defendant was involved in the conduct more than once. He failed to appear in court at least once, and he was found coercing a witness.”
Cherms will appear in Sacramento Superior Court Dept. 62 on Dec. 28 for further proceedings.
Carlin Ross is a senior at Santa Clara University who double majors in English and Philosophy. She’s originally from Bozeman, Montana.
To sign up for our new newsletter – Everyday Injustice – https://tinyurl.com/yyultcf9
Support our work – to become a sustaining at $5 – $10- $25 per month hit the link:
