May 10, 2017

Marci Kitchen held to answer on all charges





Deputy District Attorney submitted on the evidence but reserved the right to rebuttal. The defense oral argument by Mr. Griego was brief. Ms. Eads gave a very powerful rebuttal.



Marci Kitchen was charged with Count 1 Vehicular manslaughter without gross negligence; Jane Doe # 1 and Jane Doe #2 with special allegation that she fled the scene and a second special allegation that she caused great bodily injury to Jane Doe #2.
Count 2 Driving Under the Influence of an alcoholic beverage causing injury with special allegation of great bodily injury to Jane Doe #1. It is alleged in the complaint filed that the brain injury caused Jane Doe #1 to become comatose and suffer paralysis. Second special allegation that is alleged is that Kitchen caused great bodily injury or death to Jane Doe #2.

Arraignment on information on May 25 at 8:30 a.m.
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17 comments:

  1. RhMay 10, 2017 at 3:42 PM

    But they let her walk out of the courtroom?

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  2. JulieMay 10, 2017 at 4:13 PM

    I believe it is because she has posted bail.

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  3. RhMay 10, 2017 at 4:15 PM

    So..I posted bail before and they still arrested me in court

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    Replies
    1. Allan DollisonMay 11, 2017 at 11:50 AM

      Hi Rebecca!

      Until your lawyer finally got you out!

      I trust you are well!

      Delete
  4. AnonymousMay 10, 2017 at 4:24 PM

    Bail should be revoked immediately.....she is a flight risk!!!

    ReplyDelete
  5. NicoleYanskiMay 10, 2017 at 4:44 PM

    At the arraignment, can the lock her up? Can her bail be revoked? They know she did it and it is very clear she knew she hit two girls. "Two hoochies" as her friend said...

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  6. AnonymousMay 10, 2017 at 4:47 PM

    Was there any argument that she couldn't be charged with intoxicated driving without a breath or urine test that night?

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    Replies
    1. John ChivMay 11, 2017 at 4:37 AM

      Not by the defense but addressed by the prosecutor in her rebuttal argument.

      Delete
  7. John ChivMay 10, 2017 at 4:52 PM

    At any point after today, the DA can request a hearing to increase bail or have her remanded into custody. Her defense attorneys would argue she posted bail, showed up for court so the DA would have to show some other reason and then it is up to the Judge. Too many factors, each case is unique. This is step 1. She was held responsible today. Take a moment to be grateful for that and thank the Deputy District Attorney, law enforcement, the investigators, witnesses, most of all her own son, who was very brave.

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    1. John ChivMay 10, 2017 at 5:14 PM

      Rh, she made bail and she has no prior criminal history. You know well how OR, bail, release works and what factors are considered.

      Delete
  8. RhMay 10, 2017 at 6:00 PM

    Yes but I still don't understand why she is able to walk the streets and go on vacations

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    Replies
    1. John ChivMay 10, 2017 at 6:04 PM

      Already brought that point up, addressed it in various posts over last year, responded above as to next step. You already know the answer why she is walking free. After today, let's see what happens next.

      Delete
    2. UnknownMay 10, 2017 at 10:15 PM

      I was talking to someone else about this earlier. First we need to understand that the right to bail is enumerated in our Bill of Rights (8th Amendment). Ya. Sucks being the the grieving family and watching my niece's killer walk out and jump in her rig. But fortunately we live in a free republic and have rights. Yes they can be inconvenient, but we can't turn them on and off at will.

      Some positive things to think of.

      Her time on bail does not count towards any time served. When she does time (she WILL do time) it will all be in the state pen.

      While we are waiting for her to be convicted by a jury and locked up, she is living in her own private prison. Your small community now knows full well what kind of an antisocial narcissist she truly is. It's not like she can walk down the street and not worry.

      Delete
    3. Allan DollisonMay 11, 2017 at 11:58 AM

      Robert:

      My condolences to you on your terrible loss. My prayers are with your family. I hope she can get State Prison time, but I fear under re-alignment the state may have difficulty getting a sentence like that.

      John: What code section is she charged with in Count 1; 192(c)?

      Delete
    4. John ChivMay 11, 2017 at 12:02 PM

      Allan, will check it this afternoon and email you.

      Delete
  9. AnonymousMay 10, 2017 at 6:26 PM

    Am I misunderstanding this?? "Count One, WITHOUT GROSS NEGLIGENCE??" She was drunk and hit those girls and left them to die!! Why is that not considered Gross Negligence?? Please help me to understand this. If that isn't Gross Negligence, please tell what is John. Thank you

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    Replies
    1. John ChivMay 10, 2017 at 6:30 PM

      Those are not my words. That is the legal jargon taken directly from the complaint filed against Marci Kitchen for this preliminary.

      Let me see if I can find a link that explains to you how vehicular manslaughter charges are filed in California and definitions. If you rather Google it, a good site is shouselaw.com

      Delete

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