By Ivan Villegas
WOODLAND, CA – “I do find that your comments are sincere,” began Judge David Rosenberg while issuing a sentence last week in Yolo County Superior Court, quickly adding “but you don’t commit crime because of love.”
Ilalio Timoti was charged with multiple felonies in January of 2020, including attempted murder, torture, mayhem, assault by force and dissuading a witness or victim from reporting.
The attempted murder and torture charges were soon dismissed, but in August of this year Timoti pleaded guilty to mayhem, dissuading a witness and assault by force, in addition to enhancements for infliction of great bodily injury.
At the beginning of the hearing, defense attorney John Paul Brennan and Deputy District Attorney Preston Schaub presented themselves through Zoom, while Timoti was present in the courtroom.
Judge Rosenberg began: “The court has received, read, reviewed and considered the report of the probation officer. The court is ready to proceed. Let me ask, Mr. Brennan, are we going to proceed today?”
Brennan asked if the judge had received the numerous letters from the accused, and after Judge Rosenberg confirmed he had, DDA Schaub asked for an update on the accused’s good time credits.
Judge Rosenberg told DDA Schaub to refer to the probation office for an update, and later asked if anyone in the audience, whether they were a victim or not, would like to make a statement before the court issued a sentence.
Hearing no one speak up in the courtroom or on Zoom, Judge Rosenberg proceeded, but was asked by defense attorney Brennan if Timoti would be allowed to make a statement in addition to the written statement he had submitted to the court.
“It’s up to you Mr. Timoti if you would like to make a statement you certainly may,” responded Judge Rosenberg.
Timoti began by thanking everyone who has supported and helped him through the court process.
“To the two victims that are in my case, if you are here today or if you are on Zoom watching this, I’m here as a man to let you both know that I am truly sorry for my actions, wrongful actions, towards the both of you,” stated Timoti.
He continued, “I hope somewhere, anywhere in your heart, that you can find forgiveness, and please forgive me. What I’ve done was out of love for the woman that I’ve spent my life with. My entire middle years with. The woman that I love is the reason why I’ve done what I did.”
This comment prompted Judge Rosenberg to interject that “you don’t commit crime because of love.”
Despite Timoti expressing remorse and asking for forgiveness, Judge Rosenberg issued the sentence according to the plea deal, denying probation and issuing the principal term of eight years in state prison, with the aggregate term of imprisonment being 16 years.
Judge Rosenberg then issued a state restitution $300 minimum fine for each of the felonies Timoti pleaded guilty to, and an additional fine of $300 for each of the felonies was suspended based on Timoti’s performance on probation.