Sentencing for Jeff Tsarnas and hearing on motion for a new trial was scheduled on October 13. Juror #8 testified. She works for DHHS.Motion for new trial was denied. Juror #2, a nurse,and her opinion about the victim's injury was brought up in Juror #8's testimony, attorney arguments and Judge Timothy Canning's ruling.
"Mr. Tsarnas was not driving recklessly," said Judge Canning. "He did not do anything intentional to cause the accident. It was foggy. The victim was walking up and down the highway from lane to lane. Mr. Tsarnas turned himself in. The victim has received compensation for her injuries."
Tsarnas was placed on probation for two years and got 90 day SWAP eligible jail sentence. Reduced fines. He just left the courthouse. Commit to jail date is 11/13/21. If he is eligible, Tsarnas has to sign up for SWAP before that date or show up to serve his sentence.
Probation had recommended a year in jail. Judge Canning basically repeated the same reasons Deputy District Attorney Steven Steward made in his arguments.
Judge Timothy Canning granted the sixth defense request to continue sentencing on the previous court date after hearing from one juror and the affadavit of another juror.
On April 1, 2021, Tsarnas was found guilty of VC 20001 (a), felony hit and run involving injury or death. Victim is Marie Kelly. She was not in court.
Deputy Conflict Counsel April Van Dyke is Tsarnas' attorney.
Deputy DA Roger Rees was in court but he hasn't been at the counsel table or appearing at hearings. Mr. Steward wrapped up the trial and Mr. Rees has not been involved with the case.
10/30: Tsarnas was booked on October 30 to start doing his SWAP eligible sentence.
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https://johnchiv.blogspot.com/2021/09/sixth-request-to-continue-tsarnas.html?m=1#more
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