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Tuesday, 11 April 2023

[New post] Man accused of firing at home dies, leading to case dismissal

Site logo image Brian Sumpter posted: "LAKEPORT — A Clearlake Oaks man who had been arrested and charged with shooting at homes was not present at a recent settlement conference at the Lake County Superior Court in Lakeport. Defense counsel informed the Court that the defendant, Benjamin An" Lake County Record-Bee

Man accused of firing at home dies, leading to case dismissal

Brian Sumpter

Apr 11

LAKEPORT — A Clearlake Oaks man who had been arrested and charged with shooting at homes was not present at a recent settlement conference at the Lake County Superior Court in Lakeport.

Defense counsel informed the Court that the defendant, Benjamin Anthony Wilkinson, Jr., has recently died.

Upon the motion of the People, the Court ordered this matter dismissed in the interest of justice.

The master calendar call hearing and the jury trial have both been vacated.

In January Wilkinson was not in custody as he entered a not guilty plea to all counts and denied the special allegations.

The matter had been set for a settlement/trial readiness conference in March with the master calendar call set for April of this year. The jury trial had been calendared for April 19.

The defendant had been charged with shooting at inhabited dwelling, discharging a firearm in a negligent manner, felon in possession of firearm, person prohibited in possession of ammunition and resisting an executive officer.

The charges stem from an incident in January of 2022 when the Lake County Sheriff's Office dispatch received numerous reports of shots being fired in the 11000 block of Garden Court in Clearlake Oaks.

According to information made public by the LCSO, deputies had responded to the same area in regards to similar reports the previous evening but were unable to identify the responsible party.

Deputies arrived on scene and set up a perimeter to ensure the community's safety. Deputies located the responsible party, Wilkinson, 62, of Clearlake Oaks. While taking Wilkinson into custody, he attempted to spray a deputy with bear spray, and a short struggle ensued prior to Wilkinson being taken into custody.

Wilkinson was later booked at the Lake County correctional facility for felony shooting at inhabited dwellings, resisting arrest, and misdemeanor illegal use of tear gas.

The LCSO reported no injuries related to the shots fired or Wilkinson being taken into custody.

 

 


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