John Chiv: Will Daniel Fernandez-Ralls take the plea offer today or risk going to trial next week?

Aug 25, 2023

Will Daniel Fernandez-Ralls take the plea offer today or risk going to trial next week?

After intervention this morning, attempted murder suspect Daniel Fernandez-Ralls is going over a plea form with his attorney, Ms. Kathleen Bryson.

She took over the case from the Public Defender on July 14. It isn't a done deal until it is official. I am waiting outside Courtroom 2. Deputy District Attorney Roger Rees is on the second floor.

12:15: He took the plea. Pleaded guilty to Count 3 PC 245 (b) assault with a deadly weapon and special allegation PC 12022.5 personal use of a firearm during the commission of a felony. The balance of the charges were dismissed.

Stipulated sentence 6 year in prison. Three years which is the low term for each count. Court can sentence Ralls to jail time and three years felony probation. Sentencing is on October 17.

Fernandez-Ralls was scheduled to go to trial on 8/28. He resolved his case at trial assignment. After his plea the jury trial date for 8/28 was vacated.

People wanted Fernandez-Ralls remanded into custody. Ms. Bryson said Ralls was out on supervised release, spent 8 days in jail and was going to register for school after court.

Judge Kaleb Cockrum told Ralls he was going to keep sentencing options open due to his age. "I think some jail time is appropriate." Judge Cockrum did not remand Ralls, said he had made all his court appearances, added some terms to his supervised release and told him to bring proof of registration in school for sentencing.

Earlier, while we were waiting for Judge Cockrum and Deputy District Attorney Roger Rees, the only people in court were myself, the court bailiff and court clerk. Judge Cockrum was in chambers discussing another case with Mr. Rees and new Deputy Public Defender RyanMcLurg. Ms. Bryson told Fernandez- Ralls he should be on his knees thanking God. His mother said, "We have been praying." Ms. Bryson went on to say, "If I was in charge of the world, I'd be vindictive. I can barely control myself on a good day. "

10/17: Fernandez-Ralls isn't serving any time in jail. He is authorized for SWAP, placed on probation with execution of sentence suspended which means if he violates probation, the judge can reinstate probation or have him serve the entire sentence. Humboldt judges have a tendency to just reinstate probation.