The former Monterey County Sheriff’s Deputy charged with
pointing a loaded handgun at another car while driving on Highway
156 last December will have to stand trial, San Benito County
Superior Court Judge Steven Sanders ruled yesterday.
Hollister – The former Monterey County Sheriff’s Deputy charged with pointing a loaded handgun at another car while driving on Highway 156 last December will have to stand trial, San Benito County Superior Court Judge Steven Sanders ruled yesterday.
Hilton Dyar, 64, of Seaside, has pleaded not guilty to charges of felony assault with a firearm and misdemeanor exhibiting a firearm. Sanders ruled Wednesday that enough evidence exists to warrant a trial, but questioned the credibility of the alleged victim, Neva Vasquez, into question. Kurt Robinson, Dyar’s defense attorney, said he doesn’t think Vasquez’s testimony will hold up in front of a jury and that he may file a change of venue motion to move the case out of San Benito County.
San Benito County District Attorney John Sarsfield could not be reached for comment by press time on Wednesday.
The charges stem from Dyar’s arrest last November after he allegedly threatened Vasquez on Highway 156 with a loaded, semi-automatic handgun. Vasquez called 911 from her cell phone and gave a description that matched Dyar and his vehicle. Police pulled Dyar over on Highway 156 near the Alameda in San Juan and found a loaded H&K 9mm handgun behind the driver’s seat. Vasquez also told police that Dyar had been tailgating her, pulled up along side her and pointed a gun at her.
During the preliminary hearing Wednesday, Robinson argued that Vasquez’s testimony alone was enough to get the case dismissed.
“Let’s go to the issue of credibility, she gave a false name, she gave false testimony, she made racial slurs on the (911 dispatch) call and she never described the gun,” Robinson said during closing arguments in the hour-long hearing. “Her demeanor (on the stand) was horrible. She looked like she was lying. How that is clear and compelling is beyond me.”
Prosecutor Ron De Hoff, a legal intern with the district attorney’s office, was able to convince Sanders that he had enough evidence to go to trial. However, Robinson called the evidence coincidental and said it will not prove that Dyar is guilty during trial. De Hoff argued that Vasquez, who made racist remarks about black people during a 911 call reporting the incident, was shaken after seeing the gun.
“She was probably upset and clearly used words in the call that she regrets,” he said. “However, we know for a fact that there was a black handgun in the car, just as the victim described.”
A tape of the emergency call was played for the court and Vasquez called Dyar a “monkey” several times when she reported the alleged crime. Vasquez told the 911 dispatcher that the gun blended in with Dyar’s hand. After seeing the gun in court, she identified it as the one Dyar was holding.
Sanders wasn’t convinced that Vasquez’s allegations were false and the result of racism.
“There was a lot of problems with Ms. Vasquez’s testimony,” he said. “But just because she may have been racially motivated doesn’t make her wrong. Did she just get lucky when she said there was a gun?”
After the hearing, Robinson said he respected the ruling.
“The judge was very fair,” he said. “But I think there will be a different result at trial.”
Sanders will meet with both parties April 19 to set a date for the trial. If convicted, Dyar could face a maximum of six years in state prison.
Brett Rowland covers public safety for the Free Lance. He can be reached at 831-637-5566 ext. 330 or
br******@fr***********.com
.
