COURT WATCH: DA’s in Butte Push Back Against Release

By David M. Greenwald
Executive Editor

Oroville, CA – In multiple cases on Thursday morning in Butte County Court, the DA’s office pushed back against attempts by defense to get their client’s released.

In one case, the man, in custody was given a term of probation where his time credits brought him up nine days short of time serviced.

Defense Attorney, Jeff Raven pushed for the judge to declare it time served, but DA David Garner objected arguing that we have seen retail theft up and down the west coast and that the accused needed to serve “everyday of that time.”

Judge Michael Deems initially acceded to the DA’s position, but found an overall factual basis for the sentencing, however agreed based on his minimal record and remorse that probation rather than prison time was appropriate.

The judge ordered him to pay over $2200 in restitution for the theft at Home Depot in Chico.

The man then spoke to the judge, noting that he had a family matter to attend on September 19.

DDA Garner continued to object and argued that he needed to pay for his crimes and if that meant he missed out on family events, then so be it.

However, the judge reduced the time he would need to serve to allow him to be out of custody in time for the 19th.

In other matter involving retail theft, Deputy DA Mark Emmons attempted to take a similar hardline approach arguing that the woman, should be held in custody rather than released on OR.

Defense here argued that her job made her a candidate for release – a job that would be in jeopardy if she was held in custody.

Emmons shot back calling it a “brazen” retail theft of Target in Chico.  She apparently told loss prevention upon being apprehended that once she exited the store, there was nothing they could do about it.

“That’s not the law,” Emmons quipped.

He also noted that she had previously been caught with thousands in marijuana plants.

He said that the fact that she has a job is “clearly not deterring her criminal activity.”

Judge Deems however ruled to grant OR over the objections of the DA and set the matter for a preliminary hearing.

Finally was matter of a young man who was charged in an altercation.  A representative from Far Northern Regional Center told the judge it was his opinion the young man should not be released.

He also told the judge that his agency won’t go into the jails to interview clients.

Jeff Raven responding that it doesn’t think It’s appropriate for the agency to determine that his client can’t go home.

He worried that the young man, clearly suffering from mental health and issues would be victimized if incarcerated in the jail.  He pointed out that he has special needs and the family wants him home.

He described the situation, where an assault occurred but no injuries happened as “situational.”

The DA also opposed the release.

The judge denied the efforts for release and set the matter over for Prelim on October 12.

About The Author

David Greenwald is the founder, editor, and executive director of the Davis Vanguard. He founded the Vanguard in 2006. David Greenwald moved to Davis in 1996 to attend Graduate School at UC Davis in Political Science. He lives in South Davis with his wife Cecilia Escamilla Greenwald and three children.

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