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No Peeking

Details and ramifications of Carrillo's not guilty verdict

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OFFICERS' TESTIMONY

Santa Rosa police officer Timothy Doherty testified that the night of the incident he never suspected drugs being involved, though, considering the situation—a county supervisor caught in his underwear before dawn with only a cell phone and two beers in his hands—he "thought there might be a mental illness."

Carrillo was carrying only his Samsung cell phone, and had put two Pliny the Elders from Russian River Brewing Company down on the grass before approaching officers. "I didn't want you guys thinking I was carrying anything," he told officers. Doherty followed Carrillo to his apartment to allow the supervisor to put some clothes on. He testified the apartment was "in shambles. It was a mess."

Santa Rosa police officer Chris Diaz was the first to make contact with Carrillo that morning, at 3:49am. He testified that the underwear-clad Carrillo approached him and said, "I think you might be looking for me." When he identified himself, Diaz began recording his interview with Carrillo. That recording was played in court.

"When I heard a man's voice, I thought she was by herself. I left when I heard that," Carrillo said on tape. He also said, "If I offended her or did anything wrong, I'm happy to go over there and apologize." He cited his two previous interactions with Jane Doe and then conceded that, for this particular encounter, "I probably should have been wearing pants."

Diaz said that while Carrillo smelled slightly of alcohol and his eyes were glassy, in his opinion Carrillo "wasn't even close" to what he would consider "drunk in public." When asked why he did not perform a field sobriety test, Diaz said, "At that moment, I was investigating a possible prowler, not a DUI."

Sgt. David Boettger, a detective in the Santa Rosa Police Department's domestic violence and sexual assault unit, testified that he interviewed Carrillo later that morning at the police station. In that taped interview, Carrillo said, "I feel really bad that I scared her" and "At no point was there any malice."

He also admitted that he did not know Doe's name at the time, and did not have her phone number. When asked who dropped him off that night, he said "A friend," then, after a pause, clarified, "My girlfriend."

PRESS INTERFERENCE

Members of the jury were contacted twice this week by a member of the press, Judge Gary Medvigy said Friday. The jurors each said the contact did not impact their deliberations, and Medvigy allowed the trial to proceed after an hour of individual juror interviews. The highly unusual incident did, however, prompt outrage from defense attorney Chris Andrian.

"I think it's more than contempt of court; I think it may be a felony," he told the judge. "It makes this whole thing sound like a circus more than a courtroom."

Two jurors reported being approached by a man whom they later understood to be a reporter. One woman, who said she was wearing her juror badge at the time, was asked by a man on the first day of trial her occupation and if she worked full-time.

Another woman was asked on the jury's lunch recess, "Is there a verdict in the Carrillo case?" She responded that she was not allowed to talk about the case. "Based solely on appearance, he was a member of the press," she told the judge.

The jury reportedly had reached a verdict just before the noon recess, but Judge Medvigy elected to wait until court resumed at 1:30 to hear it. One juror changed his or her mind just before court resumed, Medvigy said.

UNANSWERED QUESTIONS

After reviewing the case, a few questions remain. Why wasn't Carrillo's cell phone data entered as evidence? Why didn't the two women staying at Jane Doe's house that night take the stand as witnesses? Perhaps a civil trial, which could be forthcoming, will reveal more details.

"[Carrillo] was looking at a misdemeanor with a maximum of six months in jail," says Darling, the victim's attorney. "Was that ever going to make what he did right? Guilty or not guilty," she adds, "what he admitted more than corroborated what Jane Doe said."

Carrillo was arrested in 2012 after an altercation after a Too $hort concert outside a San Diego nightclub in which a man was knocked unconscious. Carrillo spent 10 hours in jail; all charges were later dropped.

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