LAKEPORT— Hunter Christian Toles, 23, of Cobb, faced with two counts of attempted murder and numerous other charges, was present and not in custody at the Lake County Superior Court.
During the recent settlement conference the People requested this matter be continued and defense counsel requested the defendant be removed from the electronic monitoring.
The Court granted the requests and ordered the electronic monitoring be removed.
The matter is set for a settlement/trial readiness conference on May 5, 2023.
Earlier this month during the settlement/trial readiness conference the Court, pursuant to stipulation, ordered this matter be continued.
The settlement/trial readiness conference and the master calendar call was continued with the jury trial set for June, 2023.
Before the preliminary examination began last October, 2022, the People dismissed two of the charges – one count of assault with firearm on person and abuse (endangering a child with possible great bodily injury).
The remainder of the charges stand – two counts of attempted murder, two counts of assault with firearm on person and battery with serious bodily injury.
During the preliminary hearing, several exhibits from the People and the defendant were marked and received into evidence.
Six witnesses for the People were sworn and testified.
After closing arguments from both sides, the matter was submitted and it appeared to Judge Thomas M. Maddock that the felony violations had been committed and that there is sufficient cause to believe that the defendant is guilty thereof. It was ordered that the defendant be held to answer to the charges.
The charges stem from an incident in June of 2022 when Lake County Sheriff Deputies responded to a complaint of a woman who had been shot in the vicinity of Rainbow Road on Cobb Mountain.
According to Lt. Corey Paulich with the Lake County Sheriff's Office, the victim was contacted and able to provide the identity of the suspect. She was transported to the hospital with a non-life threatening gunshot wound.
The suspect was located at a residence on Rainbow Road and taken into custody at the Lake County Hill Road Jail in Lakeport with bail set at $3,085,000.
During a bail review hearing in October of last year, the victim was remotely present, making a statement into the court record. Two defense witnesses were also present.
The issue of bail was then argued and submitted.
The Court found that using the Humphries analysis, some bail is reasonably necessary in order to protect the public and victim safety.
The Humphries analysis relates to a matter in 2021 when the California Supreme Court ruled that setting bail at an amount that a person cannot afford to pay is unconstitutional. Kenneth Humphrey challenged and appealed the California bail system and won.
The Court ordered the defendant's bail reduced to the amount of $100,000. Should the defendant post bail, which he did, he is to abide by specific conditions – such as stay at least 100 yards away from the victim/witnesses, be placed under the control of the Lake County Probation Department and other conditions.
During the pre-trial discovery motion hearing in September of last year the Court granted the defense's motion requesting the issuance of any and all medical records of the victim.
During a hearing in August of last year Defense Attorney Thomas Quinn requested the matter be continued as there was outstanding discovery. The People advised the Court that the District Attorney Investigator will prepare a report based on a conversation that occurred the day prior to this hearing.
The People did not object to the continuance.
Based on the comments of defense counsel, the Court found good cause to continue this matter.
In July of last year Deputy District Attorney Nicholas Rotow filed a motion to continue in Court and defense attorney, Thomas Quinn, submitted on the matter, stating the defendant will not be entering a time waiver.
In June of 2022 the defendant entered a not guilty plea to all counts of the complaint and denied the special allegations.
No comments:
Post a Comment