Kody Marcelli held to answer on felony assault charge, motion to reduce both charges denied

Preliminary hearing for Kody Marcelli's alleged assault case started at 11:15 today and ended shortly after 5 p.m.

Witnesses for the People included Gary Harner, the victim in the complaint, his wife Diane Harner, Humboldt District Attorney Chief Investigator Wayne Cox, HCSO Deputy Eric Morris, HCSO Deputy Ryan Hill and Marcelli's childhood friend Jonathan Christian, who was the passenger in the car at the time of the alleged incident.

Marcelli was held to answer to Count 1 and the special allegation. Marcelli's attorney's request to reduce Count 1 to a misdemeanor under PC 17 (b) was denied without prejudice by Judge Christopher Wilson. Judge Wilson denied the motion due to the "gravity of injuries."

Count 1 is assault by means of force likely to produce great bodily injury. Special allegation for Count 1 is that Marcelli "personally inflicted great bodily injury" on Gary Harner.

For Count 2, Marcelli was held to answer to driving with a suspended license but not as charged in the complaint. Instead at Deputy District Attorney Roger Rees' request, he was held to answer to VC14601.1 as a misdemeanor.

Defense motion to reduce that Count to an infraction was denied.

Count 2 (in the complaint originally filed was ) driving when privilege is suspended or revoked for failing blood alcohol test.

Deputy District Attorney Roger Rees is prosecuting the case. Ms. Heidi H. Wells is representing Marcelli.

Time for arraignment was waived due to Ms. Wells' schedule. Arraignment on information is on August 1 at 8:30 a.m.

In his oral arguments before Judge Wilson's ruling, Deputy DA Rees pointed out, again, that according to self defense law, "words alone are not enough." The only unbiased witness was a neighbor, Soriano.

Judge Wilson said, "this was not a civil exchange. It comes down to how people interpret." Judge Wilson said he did not see a salute as accusatory. Marcelli's conduct could be interpreted as pursued or straightening things out. Referring to testimony, Judge Wilson said, "I don't think you are attempting to smooth things over by saying, thanks for that smart ass salute."

"The most troubling thing to me is that this didn't need to happen," said Judge Wilson. "Sometimes you just have to walk away.  What troubles me is that Mr. Harner was knocked to the ground." He said he denied the 17 (b ) to reduce the assault charge based on what happened on September . He did not do so because of later surgery.

Previous posts:
https://johnchiv.blogspot.com/2018/05/pardon-me-news-for-you-marcellis-you.html?m=1

https://johnchiv.blogspot.com/2018/05/four-witnesses-including-alleged-victim.html?m=

https://johnchiv.blogspot.com/2018/03/kody-marcelli-arraigned-for-his-alleged.html?m=1

https://johnchiv.blogspot.com/2018/03/da-files-complaint-against-kody.html?m=

https://johnchiv.blogspot.com/2018/03/da-files-complaint-against-kody.html?m=1

https://johnchiv.blogspot.com/2018/01/so-kody-marcelli-being-drunk-and.html?m=1

https://johnchiv.blogspot.com/2018/01/kody-marcellis-court-record-so-far.html?m=1