"Bad Boy" Michael Throckmorton back in court for alleged assault; Pizzo v Tipps Round 2' will the third time be lucky for prosecution or will Throckmorton go free?

A jury is currently being selected in a case where Michael Throckmorton is charged with a felony: assault. This case is from an allegation from 2012. I believe this is the second round of Pizzo v Tipps.

The trial Judge is Timothy Cissna. The prosecutor Jackie Pizzo and Throckmorton's is being represented again by Public Defender Owen Tipps.

Throckmorton is charged with PC 273.5 (a)

There was also a civil protection order filed against Throckmorton by a S. Carlson that was dismissed due to lack of prosecution. Again, Paul Gallegos was the DA at that time.

Throckmorton previously charged with a homicide, another felony, did not go to jury trial in 2006. The DA at that time was Paul Gallegos. The case was prosecuted by present DA Maggie Fleming and Throckmorton was represented by private attorney Manny Daskal.

It is the DA's responsibility to oversee charging. In 2006, Ms. Fleming had to try a case with Paul Gallegos in charge. Now with her being the DA, perhaps there is a chance that the result could be different.

Penal Code 273.5.  (a) : Any person who willfully inflicts corporal injury
resulting in a traumatic condition upon a victim described in
subdivision


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Feb 20, 2014

Pizzo vs Tipps same or different result for Throckmorton as Fleming vs Daskal?

A jury  i currently considering the fate of Michael Throckmorton. Jury started deliberating as of yesterday. People were represented by Jackie Pizzo, defendant's attorney Owen Tipps and Judge Dale Reinholtsen presiding. This is a domestic violence case. 

This is not Throckmorton's first court appearance. He was found not guilty on two counts on another more high profile case in 2006.

In 2006, Throckmorton was the defendant in a murder trial. Prosecutor was Maggie Fleming. Defense Counsel was Manny Daskal. Evidence came out in trial during testimony that caused the preliminary trial to go in Throckmorton's favor. Defense prevailed.

The following is from an article in the Times-Standard from 2006 by Chris Durant. There are at least 2 other similar reports, one from the Northcoast Journal.

EUREKA -- A jury returned not guilty verdicts on two counts against Michael Kenneth Throckmorton Thursday, but he still remains in custody at the Humboldt County Jail awaiting a District Attorney's Office decision on whether to file lesser charges.

Throckmorton, 24, was found not guilty of second degree murder and not guilty of attempted murder.

He allegedly killed Robert Peter Wyland, 58, and stabbed David Wayne Harris, 46, March 4 outside his Fieldbrook home.

Preliminary hearing testimony revealed the men may have been at Throckmorton's home in relation to a dispute between Throckmorton and his landlord.

Throckmorton's attorney, Manny Daskal, said the District Attorney's Office may now file voluntary manslaughter, attempted manslaughter and assault with a deadly weapon.

He said Throckmorton will remain in custody at least until his next court appearance, Jan. 3., when Daskal will ask for a bail reduction.

Superior Court Judge Christopher Wilson asked the jurors how they voted in the lesser charges.

The foreman stated they voted eight to four for a voluntary manslaughter charge, nine to three for an attempted manslaughter charge and eight to four for an assault with a deadly weapon charge.