LAKEPORT >> A Lakeport man who was arrested for attacking a Lakeport Police officer was present and in custody for an arraignment on an information hearing.
The defendant, Nino Ortiz Gonzales, 45, waived his right to a preliminary hearing last year and is ordered to be held to answer to the charges. During the recent hearing the defendant entered a no contest plea to threatening to commit a crime and resisting an executive officer.
A no contest plea is a legal plea where a defendant does not admit guilt but accepts punishment as if they were guilty. The remainder of the charges were dismissed (possession of a controlled substance and one count of threatening to commit a crime).
The Court advised the defendant that he is prohibited from owning, purchasing, receiving, possessing, or having under his custody/control any firearms, ammunition and ammunition feeding devices; including but not limited to magazines.
This matter has been referred to the Lake County Probation Department in order to conduct an investigation. The Probation Department will also prepare a pre-sentencing report. The defendant’s sentencing hearing has been set for the end of this month.
In August of last year, the defendant was not present for a recent status of admission hearing as he had been transported to a state hospital. At that time the matter was continued for an update from the state hospital.
A review hearing was also set for an update from the Department of State Hospitals in November. In July the defendant remained in custody and remotely appeared in court for a hearing. Certified Spanish Interpreter Mila Magallanes was also present, assisting the defendant.
During the arraignment hearing last year, the Court and The People declared a doubt as to the defendant’s ability to stand trial and ordered the proceedings suspended. Lakeport man arrested for attacking police officer pleads no contest.
Thomas Rodriguez and Taylor Fithian were appointed to evaluate the defendant and prepare a report regarding the defendant’s competency to stand trial. There was a doctors’ report hearing in May of 2024 and the Court and counsel were in receipt of both doctors’ reports stating the defendant is incompetent to stand trial.
During the hearing the Court received the placement evaluation report from CONREP. CONREP (Conditional Release Program) is the Department of State Hospitals statewide system of community-based services that treats patients who have been committed for any of the following – not guilty by reason of insanity, incompetent to stand trial, mentally disordered offenders and some parolees who have been released to outpatient status.
The CONREP report recommended the defendant be referred to the Department of State Hospitals to receive competency training in a locked forensic setting. At that time the Court ordered the defendant committed to the Department of State Hospitals.
The defendant has been charged with two counts of threatening to commit crime, resisting an executive officer and possession of a controlled substance. The charges stem from an incident in March when a uniformed Lakeport Police officer was purchasing an item and confronted by Gonzalez at the Shell Gas Station in Lakeport.
According to police, Gonzalez entered the gas station, charged and attacked the police officer. The defendant repeatedly yelled that he was going to kill the officer as he charged him. According to police, for the officer’s safety, he deployed his taser on two occasions but contact with the defendant had no effect.
The officer called for backup as the defendant continued to charge and attack the officer. When backup officers arrived at the scene, the defendant made additional threats to deputies and officers, stating he was going to kill them.
After a struggle with the defendant, the officers were able to successfully place him in handcuffs. At that time the defendant was booked into the Lake County Jail.
Earlier this year no bail for the defendant was ordered and not argued.
