By Kayla Meraz and Julie McCaffrey
WOODLAND, CA – Judge Samuel McAdam dismissed a case Friday here in Yolo County Superior Court after Deputy District Attorney Alex Kian failed to produce a witness that could identify the accused, although Kian plans to refile the charges in the upcoming week.
The accused was being held for multiple charges, including assault with a semi-automatic firearm, false imprisonment and criminal threat after, allegedly, the accused believed the victim to be flirting with his girlfriend, and confronted him at a party. This confrontation then escalated, and the accused allegedly struck the victim with a firearm.
Yolo County Sheriff’s Department Deputy Jackson was called to testify and answered a few of DDA Kian’s questions, before questioning was quickly halted after Jackson was unable to identify the accused in the courtroom.
A brief recess took place, then DDA Kian returned and asked for a continuance.
Deputy Public Defender Dan Hutchinson didn’t agree, and argued the accused “did not waive his 60 days,” also known as the right to a speedy trial, and stated “the prudent thing to do would be to dismiss and refile.”
DDA Kian requested a continuance from Judge McAdam, which was denied, because Judge McAdam would not be available to preside over the case for the next few weeks.
After the continuance was denied, DDA Kian proposed for the few questions asked to Deputy Jackson to be stricken from the record. But, Judge McAdam responded that he was “not inclined to do that,” and told him that he “[has] a procedural route to take, and (he) should take it.” Otherwise, he added, he would issue a ruling on the case based on lack of evidence.
DDA Kian asked for a final minute to ensure that he did not have a witness that could identify the accused, then returned with a motion, stating the prosecution is “unable to proceed today,” and moved to dismiss the case and refile.
Judge McAdam agreed, and stated “the motion is granted. The case is dismissed,” which concluded the hearing.
