Judge Sentences Man to 16 Months, but Takes Pity, Allowing Him 3 Months to Care for Newborn Son

By Priana Aquino and Jose Medina

SACRAMENTO, CA – Defendant Gavin Rasmussen entered a hearing Tuesday here in Sacramento County Superior Court, eventually pleading no contest to evading a police officer late last year.

But the real drama in the case had little to do with the crime Rasmussen was charged with in court.

On Oct. 8, 2020, law enforcement was dispatched to a possible road rage situation involving defendant Rasmussen, who then fled the scene and was pursued by officers. He drove 100 miles an hour and ended up driving over the center median, allegedly.

Once he was pulled over by law enforcement, the defendant displayed signs of being under the influence, said officers. His lab results corroborated this statement as traces of Alprazolam were found in his system at the time of his arrest—about 39 nanograms.

Rasmussen also has an additional count that occurred in 2011 for an assault with a deadly weapon conviction.

After a brief back and forth between Assistant Public Defender David Anguiano and Deputy District Attorney Heather Phillips, Judge Patrick Marlette offered 16 months instead of the proposed 32 months.

While Phillips approved this counter offer, Anguiano spoke to his client quietly, appearing to be discussing the implications of this counteroffer.

After this consultation, Anguiano asked if Rasmussen could turn himself in after three months, because the defendant has a newborn child.

As Rasmussen started to explain his situation, he was moved to tears and was unable to finish his sentence.

Judge Marlette then inquired about when the defendant might expect the birth of his baby. With a lump in his throat, Rasmussen replied, “my baby was born two months premature, he barely made it.”

He then explained that his baby will need all his attention. Judge Marlette then gave him 90 days until sentencing so that he may tend to his newborn son.

After setting the date for the sentencing hearing, the judge compassionately stated, “You let us know how your baby is doing when you come back, OK?”

Rasmussen promised that he would, but before he could leave, Judge Marlette made him promise to not get into any trouble between now and his assigned sentencing hearing.

Judge Marlette reassured him that as long as he does not cause any trouble and takes care of his sentencing, he will be able to start a new life. He sent Rasmussen off by reassuring him that “you got a new baby, you’re gonna get this taken care of, once this is taken care of the slate will be wiped clean, you can start a new life as a dad.”

Jose graduated from UC Davis with a BA in Political Science and has interned for the California State Legislature. He is from Rocklin, CA.


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