The jury deliberated for 8 hours and said they did so because they did not want to convict HCSO Lt. Sam Williams. The jurors claimed they did what they were supposed to do.
The jury said they followed the law as instructed by Judge Timothy Canning and applied it to what the charges were. They saw the same video that I saw at the preliminary hearing. They heard about the same communication. I saw Brian Kelsey Jr. testify at the preliminary hearing. I covered that preliminary hearing testimony in detail.
There were words used by Lt. Sam Williams in the video and previous communication with his wife's ex-lover which was evidence that was presented to the jury. It is unfortunate that the video Lt. Williams' daughter filmed and his own words is what condemned him to a guilty verdict.
Lt. Williams was convicted of PC 422 criminal threats as a felony and PC 417 (a) (2) (b) as a misdemeanor. Sentencing is scheduled for 4/24.
PC 422 can be charged as a felony or misdemeanor and that depends on the defendant’s criminal history and the factual circumstances surrounding the offense. A conviction for felony criminal threats can be punished by up to three years in prison with an additional year added if the defendant used a deadly or dangerous weapon in making the threat. This offense is a “strike” under California’s Three Strikes Law that can be used to enhance the penalties on future convictions.
There was no mention of Lt. Williams having a criminal history. The defense could file a PC 17 (b) motion to reduce that count to a misdemeanor.
If there had been no immediate threat or the threat was vague, the defense 17 ( b)motion would have a leg to stand on but in this case, the threat made did create reasonable fear; it was communicated orally and is on video and it was conveyed in writing via electronic communication.
The sentence for brandishing a firearm as a misdemeanor is up to 180 days in jail.
Lt. Williams could make a motion for new trial before sentencing or appeal if some new evidence is uncovered but he doesn't have a lot of time.
Many people contacted me and still support Lt. Williams. I feel badly for him. Yes, there is a video. Yes, there is the law but a jury of 12 other people could and would have come to a different verdict because I still feel that video was subjectively and emotionally interpreted. Was Lt. Williams emotional, did he make a mistake? Yes. But when the jury was "following the law", did they pay attention to what was said in the opening statement,? Did they listen to the defense expert about training or was their mind made up before all evidence was presented? Did they consider that no one was hurt and that the victim has a firearm? Who carries a weapon to their lover's home and leaves it with their clothes in the living room while carrying on a tryst? The jury chose to ignore that Lt. Williams wife had a role in escalating this situation. Would Lt. Williams have reacted this way if the divorce had been final and he had moved out?
In instructions and the law every jury is given, they are supposed to use common sense. They should have deliberated more than 8 hours instead of rushing into a verdict so they could go home and have a three day holiday weekend.
They did not know about the decade old affair Lt. Williams had but they also did not know all the information about the victim Kelsey Jr. Both Lt. Williams wife and Kelsey were presented to the jurors as the DA's sanitized version with prep. I have seen both of them outside the courtroom and not on the second floor.
With all the dangerous criminals and repeat offenders, this current DA administration has let off with a slap on the wrist; they chose to go after a man who has served to protect his community for years just to mark off another easy win for their stats.
Deputy Emily Norgaard was the prosecutor for the preliminary hearing. Deputy DA Candace Myers prosecuted the trial and shouldn't rest on her laurels for the record established and work done by another prosecutor. Deputy Public Defender David Celli did the best he could for Lt. Williams given what he had to work with in this case.
4/18: Mr. Celli filed a PC 17 (b) motion to reduce the felony to a misdemeanor.
Previous posts:
https://johnchiv.blogspot.com/2024/04/hcso-lt-sam-williams-found-guilty-of.html?m=1
https://johnchiv.blogspot.com/2024/03/jurors-did-not-hear-about-lt-williams.html?m=1
https://johnchiv.blogspot.com/2024/03/guns-infidelity-and-law-enforcement.html?m=1
https://johnchiv.blogspot.com/2024/03/motions-in-limine-and-jury-selection.html?m=1
https://johnchiv.blogspot.com/2024/01/hcso-lt-trial-continued-after.html?m=1
https://johnchiv.blogspot.com/2023/12/hey-brian-if-you-ever-contact-danielle.html?m=1
https://johnchiv.blogspot.com/2023/12/video-of-lt-sam-williams-walking-in-on.html?m=1
https://johnchiv.blogspot.com/2023/06/hcso-lt-sam-williams-was-allegedly-with.html?m=1
https://johnchiv.blogspot.com/2023/04/alleged-victim-in-hcso-lt-incident-has.html?m=1
https://johnchiv.blogspot.com/2023/04/hcso-detective-arrested-for-criminal.html?m=1
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.