Last minute plea deal offer in Kody Marcelli's second case sounds a lot like another slap on the wrist for someone already on probation

Today was trial assignment for Kody Marcelli's alleged assault case. Jury trial is scheduled for May 13.



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.

After the preliminary hearing, at Deputy District Attorney Roger Rees' request, Marcelli was held to answer to VC14601.1 as a misdemeanor.

First, Judge Kaleb Cockrum told attorneys this morning to come back at 11:45. "If the case won't resolve, it will be assigned."

Kody Marcelli and his mother were in discussions with Marcelli's attorney Ms. Heidi Wells before 11:45. When court resumed, there was discussion at the bench. Harner was not able to be in court today.

The discussion at the bench included an offer. Deputy District Attorney Roger Rees suggested sentencing be put over until next Thursday. There was discussion about the details. "The People are not seeking jail time. The victim wants jail time. "

Marcelli was mostly well behaved, except he scoffed at the jail time. Let's see if that demeanor continues if he gets what he wants out of this plea deal.

So depending on the outcome, will this be another slap on the wrist for Marcelli or will there be some teeth to the plea deal?

If you have not been following the case, Marcelli has already received a plea deal in a  DUI case. You can check out previous coverage linked below. In his previous case, Marcelli was represented by Mr. Greg Rael.
Check out the timing of his two cases. Marcelli was given probation for the DUI case. His firearms were returned to him.

The plea offer in the alleged assault case seems to include a possible misdemeanor, a deferred entry of judgement. I could only hear parts of the discussion.

The victim called Mr. Rees during court this morning. Mr. Rees took the call  and spoke briefly with Harner and told him, "You will be able to do that during sentencing."

Ms. Wells spoke with Marcelli and his mom again outside court, came back in, more discussion at the bench. All parties told to come back at 3:15 this afternoon.

Judge Cockrum previously denied the defense's 995 motion but urged the parties to resolve the case. After the preliminary hearing, Judge Christopher Wilson denied the defense request to reduce both charges.

Previous post:
https://johnchiv.blogspot.com/2019/05/kody-marcellis-jury-trial-for-alleged.html?m=1

https://johnchiv.blogspot.com/2019/03/jury-trial-for-kody-marcellis-assault.html?m=1

https://johnchiv.blogspot.com/2019/03/will-hot-headed-marcelli-junior-accept.html?m=1

https://johnchiv.blogspot.com/2019/03/will-kody-marcellis-jury-trial-for.html?m=1

https://johnchiv.blogspot.com/2018/10/defenses-995-motion-denied-in-kody.html?m=1

https://johnchiv.blogspot.com/2018/10/defenses-995-motion-denied-in-kody.html?m=1

https://johnchiv.blogspot.com/2018/10/will-judge-cockrum-grant-defenses-995.html?m=1
(contains links to several other posts and previous coverage)