By Ozzy Hernandez
WOODLAND, CA – A businessman was released on Supervised Own Recognizance (SOR) this week here in Yolo County Superior Court after acquiring a new public defender after filing a Marsden motion, which is filed by the accused to change court-appointed lawyers.
Kevin Johnson, a businessman in the city of Woodland, was arrested March 2 for allegedly concealing a firearm in a public space as well as possessing controlled substances in his vehicle—both of which are felony charges and could face up to three years in prison if convicted.
He had been in custody ever since arrested, and his stay at the jail was prolonged because of a declaration of doubt issued by the prosecution on the day of his arraignment.
Despite Johnson being found competent to stand trial, he apparently had an issue with his previous lawyer, though he was with a different public defender. Legally, this is how public defenders get “fired” by their client.
However, Johnson decided to put that on hold upon being appointed a new public defender without addressing the issue.
DPD Teal Dixon forcefully argued in favor of Johnson’s release, explaining to the judge “he is a 55-year old man with a minimal record and should be released on OR given the circumstances.”
The “circumstances” Dixon alleges included that Johnson was arrested for having a “gun in plain view” and being found in possession of controlled substances upon a thorough search of Johnson’s vehicle, about both of which she questioned the legitimacy.
Furthermore, DPD Dixon noted Johnson “is a member of the community” and does not pose a threat. His last criminal history dates back to a petit larceny charge in Nevada.
The prosecution was stumped in its opinion since Deputy District Attorney Jesse Richardson could not recall when the declaration of doubt was issued and affirmed Johnson’s light criminal record.
Judge Pete Williams ruled Johnson will be released on Supervised Own Recognizance following a successful search of his residence for firearms.