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Thursday, January 13, 2011 – Daily News – 3B COURT ROUND-UP The following defen- dants were sentenced in Tehama County Superior Court, according to the Tehama County District Attorney’s Office: —————— Recent State Prison Commitments: • Thomas John Emer- son was sentenced to nine years, four months in state prison for criminal threats, elder or depen- dent adult abuse, special allegation-two prior strikes. Officers conduct a pro- bation search of Emerson who is living with his elderly parents. As offi- cers are conducting the search they were advised Emerson has been abusive and threatening towards his parents forcing them to do things they are not physically able to do. • Truman Virden was sentenced to eight years in state prison for driving under the influence of alcohol or drugs-special allegation-prior strike, special allegation-two prior felonies, driving while having a 0.08 per- cent or higher blood alco- hol, special allegation- prior strike, special alle- gation-two prior felonies, two counts of driving when privilege suspended for prior DUI, hit and run driving. Officers respond to the location of a non injury collision. Upon arrival officers were advised the victim was in her vehicle at a stop sign when a vehi- cle driven by Virden ran into the back of her and then fled the scene. A short time later the officer was able to locate Virden’s vehicle and con- duct a traffic stop. Upon contacting Virden the officer noticed the odor of alcohol coming from Vir- den. After failing the field sobriety tests Virden was taken in to custody. • Jack Wayne Colon was sentenced to four years, eight months in state prison for possession for sale of a controlled substance, prior felony, two counts of resisting executive officer. Officers contacted Colon after being advised he was a wanted parolee. As officers attempted to detain him he became uncooperative and began struggling. Officers were eventually able to gain control and get Colon into custody. During a search of Colon officers located marijuana and several bags of methampheta- mine. • Felicia Rochele Sim- mons, was sentenced to four years, four months in state prison for DUI caus- ing injury, special allega- tion-great bodily injury, Brain Injury, Paralysis. Officers were dis- patched to the scene of a single vehicle accident. Upon arrival officers con- tacted Simmons who was the driver of the vehicle. The officer could smell the odor of alcohol and noticed Simmons display- ing symptoms of intoxica- tion. Simmons passenger was air lifted to the hospi- tal and received sever per- manent brain injuries. • Brandon Ross Kelley was sentenced to three years, four months in state prison for grand theft from person; failure to appear while on bail. Kelley and victim went into a gas station to cash victim’s check. As they were leaving the store Kelley grabs the money from the victim, runs to the car and drives away with victim’s cash. Kelley was out on bail in another matter when he failed to appear in court as ordered. • Robert Glenn McClure was sentenced to three years in state prison for receiving stolen property. An officer on patrol noticed a broken window in a business and then observed an individual run from the area, get in a vehicle and drive away. Another officer was able to conduct a traffic stop on the vehicle and located McClure in the driver’s seat along with several pairs of sunglasses that were stolen from another business just days before. • Antonio Espinoza was sentenced to two years in state prison for possession of a firearm by a felon. Officer’s conducted a probation search of Espinoza’s residence and located a handgun and ammunition in Espinoza’s bedroom. • Pedro Valencia Car- denas and Juan Cornejo were sentenced to 16 months in state prison for possession of marijuana for sale. An officer conducted a traffic stop on a vehicle driven by Cornejo and Cardenas was riding in the passenger seat. Upon contacting the defendants the officer noticed a large bag with possible mari- juana sticking out of it. The officer then searched the vehicle and located a digital scale along with several pounds of pack- aged marijuana. Recent County Jail Commitments: • Everado Barragan was sentenced to 365 days in Tehama County Jail for Street Terrorism. Officers were dis- patched to the parking lot of a local bar for a report of a fight in progress. While officers were responding dispatch advised them there had now been a report of shots fired at that location. Upon arrival officers con- tacted the victim who stated he had observed two females fighting in the parking lot and decid- ed to intervene in an attempt to stop the fight when he was attacked by Barragan and two other males. During the strug- gle one of the men, not the defendant, retreated to his car where he removed a handgun and fired two gunshots into the sky before leaving the area. • Bret Michael Herlein was sentenced to 270 days in Tehama County Jail for maintaining place for selling or using con- trolled substance. Agents served a search warrant at Herlein’s resi- dence and located items used for manufacturing methamphetamine. • Ashley Renee Reynolds was sentenced to 90 days in Tehama County Jail for failure to appear on own recog- nizance. Reynolds was in court on another matter and the Judge released her on her own recognizance. Reynolds then failed to appear in court on the day she was ordered back. Recent Proposition 36 Commitments: Note: All cases where- in a defendant is sen- tenced per the terms of Proposition 36 are not at the request of the Tehama County District Attor- ney’s Office. Per the requirements of Proposi- tion 36, a defendant who possesses drugs cannot be sentenced to confinement time in jail or prison. Instead, the court must place defendant on proba- tion and require drug treatment alone. Per the requirements of Proposi- tion 36, only upon a third drug related probation violation may the court impose confinement time. In the event the defendant violates a non-drug relat- ed term of probation the court may then elect to sentence defendant to jail or prison. The Tehama County District Attorney’s Office contends that each crimi- nal case is unique and that in certain, specific, cases a defendant should be sentenced to a combina- tion of drug treatment and jail time. We further con- tend that in other specific cases where a defendant has an extensive criminal record and/or a history of non-compliance with either previous grants of probation or previous grants of drug treatment, a state prison sentence should properly be imposed. • Stephen Bradley Huston was sentemced to Prop. 36 probation for possession of a controlled substance. Officers contacted Huston during a search of a residence and located methamphetamine in the bedroom of the residence. Upcoming Court Dates -Trials, Prelimi- nary Hearings(PX) & Pre Trial Conferences(PTC): • Franklin William Johnson will appear in court at 8 a.m. on Jan. 19 in Department 3. He is facing the charges of assault by means likely to produce great bodily injury, battery with seri- ous bodily injury, special allegation-great bodily injury, two counts. Officers were dis- patched to an alley regarding a physical dis- turbance. Upon arrival officers contacted the par- ties involved and were advised defendant and victim had gotten into an argument. The victim took off on foot and John- son followed in his truck. The victim grabbed an object in an attempt to defend himself when Johnson attacks him. Vic- tim was transported to the hospital with a broken neck. • William Holt Baymiller will appear in court at 1:30 p.m. Jan. 31 in Department 1. He is facing the charge of sec- ond degree murder The Tehama County Sheriff’s Office received a 911 call from a man who said that Baymiller showed up at his house and claimed he just shot and killed his dad. Baymiller showed the man his California Dri- ver’s License. Deputies arrived and located Baymiller at his father’s home armed with a shot- gun. The Sheriff’s office took Baymiller into cus- tody after a brief stand- off. Upon entering the residence, TCSD located the victim with a fatal gunshot wound to the chest. Baymiller claimed that he was going to be killed by "Muslims" and he "believed" that his dad was in on it. • Cheryl Lynn Holder will appear in court at 8 a.m. on Feb. 1 in Depart- ment 3. She is facing the charge of grand theft by embezzlement with spe- cial allegations. Holder was a book- keeper for Wheeler Log- ging. Over a period of several years Holder used the company’s funds to purchase personal items totaling over 2 million dollars of embezzlement. When Holder was con- fronted by the Wheeler Board of Directors she admitted to taking $750,000 but denied tak- ing over 2 million dollars. Defendant tried to pay off board members to let the case go. • Michael Dean Robertson will appear in court at 1:30 p.m. on Jan. 18 and 8:30 a.m. on Feb. 8 in Department 1. He is facing the charges of four counts of first degree resi- dential burlgary, three counts of receiving stolen property, possession of firearm by a felon, pos- session of ammunition, possession of a controlled substance, special allega- tion-prior felony, all counts; special allegation- prior strike. failure to appear while on bail, spe- cial allegation-offense while on bail or O.R. pos- session of illegal sub- stances in a jail facility. Deputies were investi- gating several burglaries that were occurring around the county. After tracking down Robertson deputies executed a search warrant where they located numerous stolen items. Robertson was released from cus- tody on bail and failed to appear in court as ordered. Robertson was in custody at the Tehama County Jail when correc- tional officers located a small quantity of marijua- na in his pant while per- forming a pat down search. • Gann Bradford Gan- non will appear in court at 1:30 p.m. on March 7 and 9 a.m. on April 5 in Department 1. He is fac- ing the charge of 20 counts of grand theft of personal property. Gannon owned a local car lot and sold cars to various people. During many of the sales Gannon failed to pay the DMV fees. Defendant also sold extended warranties on the vehicles but instead of paying the warranty com- pany defendant kept the money leaving many vehicle owners without their warranties. • Dylan Shires will appear in court at 9 a.m. on April 19. He is facing the charges of murder; home invasion robbery; first degree burglary, per- son present; conspiracy to commit; each charge has special allegations includ- ing gang/street terrorism and use of firearm. The victim, who is a person engaged in culti- vating and selling mari- juana, was sleeping in his residence with his wife in their bed. At 2 a.m. they were woken-up up by their bedroom light being turned on. Four masked men with gloves were in the room. Demands were made for money and mar- ijuana. Victims were told to put their heads down in pillows. The robbers located marijuana and demanded money. They were told there was no money. Defendants strug- gle with one of the vic- tims. One defendant shot the victim in the head. Defendants take multiple bags of marijuana and flee the residence. 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