By Julie McCaffrey
WOODLAND, CA – Here in Yolo County Superior Court last week in a hearing dealing with a supervised own recognizance release assessment (SOR), the accused was denied release after allegedly committing assault with a deadly weapon—a pan.
The court recognized the man has stable housing, has completed post-release community supervision (PRCS), and is involved in rehabilitative programs to improve his mental health, but felt the alleged crime was too severe to release the accused.
The accused is currently enrolled in specialty court, National Safety Council, which aims to provide more rehabilitative treatment for a myriad of issues, such as mental health issues and drug abuse (NSC).
Deputy Public Defender Monica Brushia argued that because the accused has secure housing at Mercy Housing and is “actively being monitored and assisted out in the community,” he is adequately supervised and is unlikely to cause further harm.
The DPD added the accused is an active participant in his rehabilitation, consistently shows for mental health injection appointments and is working closely with Telecare and Communicare, which provide behavioral healthcare.
While DPD Brushia said they understand this is a serious charge, the DPD requested the accused still be released on SOR to as not to hinder his progress and so he can continue to receive regular mental health shots.
Rosemary Parker, who works with Communicare and closely with the accused, agreed with DPD Brushia’s assessment, explaining, “He has on-site supportive housing and is getting his monthly injections,” and the accused “is coming back to ample support…contextually speaking, there’s been some things going on pertaining to the housing that caused additional stress.”
Officer Noe Lopez, the probation officer assigned to the accused, said there is concern about the alleged victim’s safety.
Lopez said the accused and victim live in close proximity to each other, and it’s cause for concern, because he believes it difficult to impose a stay away order on the accused.
Lopez added the housing community where the victim and accused live is small and the tenants frequently see each other, so it would be difficult to have the alleged victim be out of sight of the accused.
Parker countered with the fact that there are multiple vacant units in the housing, so the accused could be transferred to one further away from the victim.
DPD Brushia agreed with Parker, and argued the place is closely monitored and has routine visits from probation. DPD Brushia added the accused has finished PRCS, and “with the skills and support unit has, he has the means to stay out of trouble, follow directives, take his medication.”
Judge Dyer, however, ruled against his release, citing the accused’s history of assault and the severity of the alleged crime, noting he doesn’t have confidence “things have leveled out between the alleged victim and (accused), and we may end up back in court.”
The judge added he recognizes that it is important for the accused to continue his mental health injections, so he ordered an updated report be set for Oct. 4, but for now he is concerned with the public safety risk the accused poses.