Tiffany Revelle — Record-Bee staff
LAKEPORT — An Iraq war veteran was on the stand Friday for a sentencing hearing after pleading guilty to a felony charge of possessing stolen property and a misdemeanor charge of possessing a weapon.
It”s the sentencing that has become the focal point of the case, because the felony charge is what is known as a “wobbler.” A violation of California Penal Code 496a, it may be treated by the court either as a felony or as a misdemeanor. Defense attorney Stephen Carter submitted a motion that the felony charge be reduced to a misdemeanor.
Derick Hughes, 20, was arrested Dec. 15 last year during a traffic stop in Nice during which a Lake County Deputy Sheriff found body armor and a baseball bat in his car. The bat is categorized by the law as a billy club, which Hughes testified he had for his personal protection.
“We don”t want him to end this case convicted of a felony, because if he becomes a felon as a result of this, he loses his right to vote,” said Carter late Friday. “He was fighting for the right to vote in Iraq.”
Hughes said on the stand Friday morning that in December he”d had a three-day “quit or pay” arrangement at his apartment, and that he didn”t make the rent deadline. The landlord gave him 24 hours to be out of the apartment, and Hughes said he “just grabbed everything I possibly could own and put it in my car.”
Also on the stand Friday was Dr. Albert Kastle, a forensic and neuropsychologist from Santa Rosa, who specializes in post traumatic stress disorder (PTSD). Kastle diagnosed Hughes with PTSD after spending six hours with him.
Kastle said he believes the PTSD was triggered by a Dec. 1, 2005 incident in which 10 of his Marine Corps platoon members were killed by an explosion, 13 more wounded. During a promotion ceremony by the roadside, men gathered around a promoted soldier, setting off an explosive similar to a land mine.
Hughes could be seen fighting back tears on the stand as he described in graphic detail the carnage that ensued. “When he”s talking about his really close buddies dying right in front of him, he”s got tears rolling down his cheeks and he”s fighting to keep the tears back,” said Carter, describing Hughes” poignant testimony.
Cross examination by Deputy District Attorney Arthur Grothe attempted to verify dates and specifics of Hughes” service with the Marine Corps, and to two incidents in which Hughes tested positive for drug use. Two misdemeanor charges related to possession of marijuana were dismissed on a Harvey waiver, which means that while Hughes was not prosecuted on those charges they may still be considered in sentencing.
The DD form 214 detailing Hughes” service was in the home of a friend in Upper Lake who was out of town, and were unavailable. Carter confirmed as of the close of business Friday that he had procured that form and others, which he plans to introduce into evidence on Monday.
“Essentially, we”re asking the court to treat Hughes differently because of what he”s been through and what he”s done for our county. It”s in the interest of justice.”
Hughes” sentencing hearing was continued to Monday at 3 p.m. in Dept. 2.
Contact Tiffany Revelle at trevelle@record-bee.com.
