Choose Tosses Proof after Woodland Officers Fail to ‘Mirandize’ Suspect

Choose Tosses Proof after Woodland Officers Fail to ‘Mirandize’ Suspect

By Gracy Joslin WOODLAND, CA – Yolo County Superior Courtroom Choose Timothy Fall late Friday

Choose Tosses Proof after Woodland Officers Fail to ‘Mirandize’ Suspect

By Gracy Joslin

WOODLAND, CA – Yolo County Superior Courtroom Choose Timothy Fall late Friday tossed out a lot of the proof in opposition to Dustin Robert Ray after arresting officers did not Mirandize him correctly, as famous by Deputy Public Defender Richard Van Zandt.

Choose Fall concluded, primarily based on physique digicam proof and testimony, “all the pieces from the purpose that he (Ray) was handcuffed to the purpose that he was truly given his Miranda rights… all the pieces in there’s topic to exclusion beneath Miranda.”

Within the night of March 20, Officer Sierra Brewer, Corporal Ruben Esquibel, and Officer Kayla Schweitzer responded to a report of a drunk driver.

As Officer Brewer testified, she was given an outline of the driving force which was merely “a male in a hoodie,” together with a license plate quantity, and was informed the automobile was a truck.

She initially was unable to find the truck, however finally noticed it in a Raley’s/Bel Air parking zone with no person inside.

When Deputy District Legal professional Alex Kian requested Officer Brewer about her preliminary contact with Ray upon discovering him within the grocery retailer, she acknowledged, “I observed slurred speech, unsteady gait and bloodshot watery eyes.”

Brewer mentioned, primarily based on this remark, she claimed to be involved about him strolling again alongside the busy highway, as “it made me nervous he might lose his steadiness in some unspecified time in the future and put himself in hurt’s manner.”

Officer Brewer mentioned the aim of her investigation was to “conduct an investigation for a DUI,” and to find out if Ray was the driving force of the truck.

Ray was handcuffed and seated on the curb exterior the shop and additional questioned by officers.

Physique digicam footage revealed to the courtroom that issues didn’t happen precisely how Officer Brewer mentioned they did.

She mentioned after speaking to him for a short while on the curb, “I noticed that the driving force’s seat was very far pulled again which he later talked about to me {that a} feminine of about 5’6 was driving, which wouldn’t make sense for the way far again the seat was… it was acceptable for his top, not a lady of 5’6… the automobile was nonetheless heat once I acquired there so it had been pushed just lately.”

She continued, “I positioned him within the automobile, noticed the target indicators and I put the items collectively that he was driving whereas intoxicated,” noting she discovered alcoholic drinks within the automobile, seen by means of the window and a Modelo bottle cap in Ray’s pocket.

Nevertheless, keys weren’t positioned in Ray’s pocket…they had been contained in the automobile.

PD Van Zandt learn the police report submitted by Officer Brewer after the incident which mentioned, “Because of Dustin’s unsteady gait, I consider Dustin was unable to take care of himself as he walked in direction of Bourn Drive on East Gibson Highway the place vehicles generally journey above the velocity restrict and will place Dustin in an unsafe state of affairs if he had been to journey and fall into the roadway.”

Officer Brewer confirmed this was in truth the report she submitted.

The questioning then went as follows:

PD Van Zandt: “So when did Mr. Ray stroll in direction of Bourn Drive?”

Officer Brewer: “He didn’t.”

PD Van Zandt: “Effectively why would you set that in your report if it in truth wasn’t true?”

Officer Brewer: “That was going to be his plan, since he acknowledged he walked there, he was to stroll again. Subsequently, it might have been unsafe for him to take action if he walked again.”

PD Van Zandt: “Effectively, your report says ‘I consider Dustin was in a position to take care of himself as he walked in direction of Bourn Drive’… the place does it say this was Dustin’s plan?”

Officer Brewer: “He talked about to me he walked there and was going to stroll again dwelling.”

PD Van Zandt then requested if she considered the physique digicam footage which she mentioned she did earlier than the listening to and questioned her additional on what occurred that evening.

PD Van Zandt: “If you did get there, you probably did advise Mr. Ray of his Miranda rights?”

Officer Brewer: “Right,” however wasn’t positive when she did this.

Van Zandt: “Mr. Ray didn’t have any automobile keys on his particular person, appropriate?” She confirmed this was appropriate.

Van Zandt: “Are you aware why Mr. Ray was handcuffed in entrance of Raley’s earlier than he was Mirandized?”

Officer Brewer: “Sure. Me and Corporal Esquibel had a dialog… we detained him (as a result of) if he walked dwelling it wouldn’t have been secure to take action.”

Van Zandt: “Was there something on Mr. Ray’s particular person that might point out identification that tied him to that automobile?”

Officer Brewer: “No.”

PD Van Zandt: “You had been informed keys had been discovered within the automobile, after Mr. Ray was handcuffed?”

Officer Brewer: “Right.”

PD Van Zandt: “How may you inform the automobile had been pushed just lately?”

Officer Brewer: “After I first arrived, I touched the hood of the automobile and it was heat.”

At this level, Officer Brewer’s physique digicam footage was performed, and Officer Brewer referred to as the reporting occasion to get extra info to establish Ray was the driving force of the truck.

The reporting occasion mentioned on the telephone that the particular person was a male, however didn’t bear in mind his race or face, however he was in a hoodie, including “it was from a distance, I truthfully most likely couldn’t see.”

Choose Fall jumped in, and he requested Officer Brewer, “You didn’t hear Officer Esquibel say that when you had been snug you might take him out of cuffs?”

Officer Brewer: “I’m sorry, I don’t recall.”

Choose Fall: “Effectively, when he performs the video, it’s worthwhile to hear fastidiously as a result of I heard he informed you, you’ll be able to take him out of cuffs in case you are snug with that.”

The video was then resumed and we finally heard the portion concerning the alleged heat hood of the automobile Officer Brewer testified beforehand about touching “upon arrival.”

Choose Fall intervened once more, “Had you not felt it?” The officer admitted, “Not but.”

The decide added, “As a result of earlier while you testified that while you acquired there, you touched the hood and it was heat.” Officer Brewer confirmed that.

PD Van Zandt then requested, “So your earlier testimony is wrong, is that true?” Brewer responded, “I consider I used to be saying that I had touched the hood once I was there.”
PD Van Zandt adopted up with “your earlier testimony was that you simply touched the hood quickly after arriving. You testified to that at the moment. Right?”

She mentioned her “intent” was that she touched it “in some unspecified time in the future through the investigation” and never essentially upon arrival.

He then reiterated “your testimony was that you simply touched the hood quickly after arriving, do you do not forget that testimony?” She responded, “Sure.”

This a part of her earlier testimony was confirmed to be incorrect, however it didn’t cease there.

He then requested her about one other assertion given in her earlier testimony by which she claimed Ray mentioned the driving force of the automobile was a lady of 5’6 top.

Nevertheless, after watching the footage PD Van Zandt requested her, “No precise top was specified, appropriate?” She responded, “Right.”

Furthermore, Officer Brewer, when requested earlier to explain what an “unsteady gait” seems to be like, mentioned that “it seems to be such as you don’t have nice coordination while you stroll… you would possibly lose your steadiness from time to time.”

Nevertheless, after watching the footage PD Van Zandt adopted up, “In any of the physique cam footage that we thus witnessed this afternoon, did we see Mr. Ray lose his steadiness?”

She responded, “No.”

Corporal Esquibel, the officer who truly handcuffed Ray that evening, was referred to as to testify, and mentioned, “Throughout our preliminary contact with Mr. Ray within the retailer, he appeared intoxicated, clearly agitated…at one level he had type of a raised voice… seemed to be slightly aggressive to me… so primarily based on these elements I made a decision to place him in handcuffs for our security.”

Ray makes use of profanity within the footage, however as PD Van Zandt later requested Corporal Esquibel in cross-examination, “Mr. Ray was legally entitled to make use of profanity in opposition to you in the identical manner he did so on this case, is that appropriate?”

Corporal Esquibel replied “sure,” including “I requested him if I may see the keys in his pocket or one thing like that…”

However the footage reveals Ray repeatedly says he doesn’t have keys on him.

Nevertheless, Corporal Esquibel mentioned he was positive he had heard keys in Ray’s pocket, however when he emptied his pockets there have been in truth no keys to be discovered.

Choose Fall concluded, “Miranda doesn’t permit custodial interrogations with out the Miranda warnings being given…from the purpose that Mr. Ray was handcuffed and commanded to go exterior and sit on the curb… and since he wasn’t Mirandized… it’s a custodial interrogation.”

Choose Fall dominated that every one statements made by Ray between the time of handcuffing, till the time he was learn his Miranda rights, had been to be excluded from a trial.

It appeared like after this ruling there was a risk {that a} decision could possibly be met, as PD Van Zandt requested to have a fast dialog with DDA Kian.

However, Choose Fall mentioned due to time constraints, that wouldn’t have the ability to occur within the current listening to.

The following listening to is July 5 to resolve if the case will go to trial.