By Tommy Nguyen
VENTURA, CA – During Christopher Hays’ status conference this past Thursday in Ventura County Superior Court, the defense asked to vacate the trial, resulting in the judge expressing concerns about the case being delayed too long.
Christopher Doile Hammons Hays is charged with felony assault upon a peace officer, felony battery with injury on a peace officer, and misdemeanor unlawful 911 calls, court records show.
The conference started with Assistant Public Defender Margaret Manning asking the court to vacate the current schedule and set a new pre-trial, followed by a competency hearing.
Judge Nancy Ayers immediately stated that she has no intention of doing that since this case has been pending for a long while.
“This case has been in abeyance since January of this year, for one reason or another, and it needs to go to hearing,” said the judge. “There’s two different Court of Appeal’s opinions: one states that time in abeyance counts towards the maximum commitment period, while the other says that it doesn’t.”
By continuing the matter indefinitely, both parties can potentially end up with a dismissal depending on “how convincing either one of them can be.”
Deputy District Attorney Chelsea Noble then explained that the defense request is actually a request for continuance since the actual assigned counsel for Hays was not present in court, and that he is needed in order for this case to proceed.
Caught up, the judge understood the situation and granted them the request for continuance, after confirming that “no further continuance will be issued.”
The facts of the case were that, allegedly, on April 1, 2019, Hays began making a string of unlawful 911 calls threatening to kill officers and planting bombs at the police stations, before being found in the parking lot of the government center by Ventura Police Department Sergeant Sam Harbert.
“Hays verbally threatened Harbert, gained control of his baton during the assault, and used it to strike Harbert’s arms and head,” said Ventura Sheriff’s Department Senior Deputy Cyrus Zadeh.
Sergeant Harbert then fired two shots that struck Hays in the abdomen after a failed attempt to subdue him with a taser, and finally ended the attack.
Hays was hospitalized for treatment of his gunshot wounds, before being formally arrested on May 30, 2019, as he was released from the hospital.
No motive for the alleged threats and assault was given, and Hays has pleaded not guilty to his charges stemming from the incident.
Hays’ settlement conference and competency hearing are set to resume May 12.
