LOS ANGELES, CALIFORNIA – A Superior Court judge approved private attorney Thomas W. Kielty’s request to dismiss charges against his client for kidnapping for the purpose of robbery during a pretrial hearing in Los Angeles County Superior Court last Friday.
Assistant District Attorney Juliet E. Schmidt, newly assigned to the case, argued that the victim was forced to move a considerable distance, resulting in injuries.
However, she seemed surprised when the defense countered by pointing out that there were no partitions in the donut shop and that the alleged victim barely moved.
Judge Kathryn Solorzano granted the motion to dismiss after DDA Schmidt admitted that she had not read the transcripts of previous hearings and based her arguments and knowledge on the faulty notes of the previously assigned DDA.
According to police reports, the robbery occurred at 5 a.m. Three suspects wearing ski masks entered a doughnut shop and threatened the owner with a gun. The gunman pointed his gun at the back of the owner’s head and demanded that he hand over the shop’s safe.
After explaining to the gunman that he did not have a safe, the three suspects ransacked the store and took all available valuables, including the cash register and the victim’s purse. The three men then fled in a car and stole several hundred dollars in cash.
Judge Solorzano entered the court and asked DDA Schmidt and PA Kielty to confirm whether the defendant in court was the shooter in the gang of three. PA Kielty argued that his client was the driver, citing the size difference between the shooter and the defendant.
PA Kielty also stated that the smaller individual holding the gun was wearing a red sweatshirt that did not belong to his client. The victim’s statement after the robbery confirmed that the shooter was indeed wearing a red shirt during the robbery.
DDA Schmidt initially admitted that she was not fully aware of the prosecution’s stance regarding the defendant’s possible gun possession charge. Due to the conflicting answers, Judge Solorzano reviewed the previous preliminary hearing transcript and found that it was never confirmed that the defendant was the shooter.
Judge Solorzano repeatedly questioned DDA Schmidt about case details while DDA Schmidt rushed to read through the pre-trial transcript. She eventually admitted that the defense’s claims were valid and that she had not reviewed the transcript when she was assigned the case and that she based her arguments solely on the previous DDA’s incorrect notes.
PA Kielty also filed a motion to dismiss the aggravated robbery charge, citing the store’s compact size and lack of physical barriers between the cash register and the kitchen. Judge Solorzano later confirmed, using preliminary hearing transcripts, that the victim moved a total of 10 feet when the shooter pushed him backwards.
DDA Schmidt argued in his response that, based on the witness statements, the victim was nevertheless pushed to the back of the store, thereby limiting his chances of escape and further endangering the life of the store owner.
Judge Solorzano appeared to become increasingly irritated as she explained to DDA Schmidt that a distance of three meters was not sufficient to substantiate the charge of grievous bodily harm against the defendant.
Judge Solorzano inevitably advised DDA Schmidt to take his time and learn the nuances of the case. The court would grant the defense’s request because a three-meter movement would not put the victim in any major danger.
Categories:
Latest News People’s Vanguard of Los Angeles Vanguard Court Watch
Keywords:
at gunpoint kidnapping Los Angeles court observer robbery ski masks store safe
