John Chiv: "Mr. Marcelli your behavior in the case and after this case is unacceptable."

May 16, 2019

"Mr. Marcelli your behavior in the case and after this case is unacceptable."

After listening to victim impact statements by Gary and Diane Harner, arguments by Deputy District Attorney Roger Rees and Kody Marcelli's attorney, Ms. Heidi Wells, Judge Kaleb Cockrum sentenced Marcelli. Today, was the first time Judge Cockrum saw the Instagram photo.

Marcelli was sentenced to three years informal probation for Count 3, he cannot possess any firearms for 10 years, $685 court fine, restitution to victim (amount to be determined) and 150 hours of community service. A 100 yard stay away from the Harners and no assaultive behavior towards the Harners. Marcelli entered a guilty plea to Count 1 as a felony and for a deferred entry of judgement.

"It is awful what happened to Mr. Harner," said Judge Cockrum. "After looking at the entirety, counsel used the word provocation, I use duress. I don't think one side or the other would come out looking good at trial."

"Mr. Marcelli your behavior in the case and after this case is unacceptable."

On May 10, Marcelli entered a plea in his assault case.

Marcelli entered a guilty plea to Count 1 as well as an additional count of Count 3 for PC 245 (a) (4).

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.

The special allegation for Count 1 was dismissed. Count 2 was dismissed.

The terms of the plea and deferred entry of judgement are that Marcelli stay away from the victim and he provide victim restitution. Marcelli will be placed on three years misdemeanor probation.

If Marcelli successfully completes the terms of the DEJ, Count 1 will be dismissed as well as any request for Count 3.

If he violates the terms of the DEJ, he gets no jail time but felony probation.

There are posts with details and court documents linked below on both of Marcelli's court cases. The rest of the post is a summary of Marcelli's two plea deals.

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