Man Held in Custody Until March Trial after Court Finds He’s Living with Victim of Attempted Murder 

By Citlalli Florez

MODESTO, CA – A man accused of a misdemeanor and multiple felonies in two cases was put back into custody with no bail here this week in Stanislaus County Superior Court—he is accused of having had prohibited contact with his mother, the victim in both cases.

The alleged original misdemeanor was threatening another person. The felonies include attempted murder, assault with a deadly weapon and conducting a crime against an elder or person with disabilities.

The accused is being represented by an assigned public defender, who said the accused was still trying to secure a private attorney. The PD asked the court to set a court date despite this. The accused pleaded not guilty to all charges.

Deputy District Attorney Kirk Brennan stated, “I do want to address the court with respect to the defendant being bailed out. Apparently, he’s been living with the victim, which causes the People some concern.”

According to Judge Linda McFadden, the court had ordered the accused not to have any contact with the victim, his mother, who is 73 years old.

When the judge asked how the DDA knows that he has been living with the victim, he responded, “We had a DA investigator reach out to the victim’s brother, who is also in court.”

Judge McFadden responded “that changes things completely. You (the accused) are not supposed to have any contact with her (the victim/mother). These are serious charges. You’re accused of trying to murder her.”

She immediately remanded the accused into custody with no bail set, where the judge said he’ll remain until the cases are resolved. A court date for jury trial was for 90 days.

The judge noted to the accused, “When you’re told not to have contact with people that doesn’t mean you go live with them, especially your mom when she’s 73 years old and you’re accused of trying to kill her.”

The defense attorney argued, “but he was living with his uncle, your Honor.” However, the judge retorted, “I don’t care who he was living with.”

Judge McFadden continued, asking “do we want to waive time so that the misdemeanor can trail? I assume it will be used as evidence…just saying, he could be convicted of a misdemeanor before the felony and that could be used against him.”

The trial is set for March 7.

About The Author

Citlalli Florez is a 4th year undergraduate at the University of California, Berkeley. She is currently majoring in Legal Studies, Chicana/o Studies, and Art Practice. She intends to attend law school in the future with the purpose of gaining skills to further serve her community.

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