The plaintiff in the county’s controversial corruption case is
headed for trial on unrelated charges of felony resisting arrest
and making terrorist threats stemming from a confrontation with
police in front of his Hollister home last year.
Hollister – The plaintiff in the county’s controversial corruption case is headed for trial on unrelated charges of felony resisting arrest and making terrorist threats stemming from a confrontation with police in front of his Hollister home last year.
San Benito County Superior Court Judge Steven Sanders ruled Wednesday that Deputy District Attorney Candice Hooper had enough evidence to take Juan Monteon to trial. Monteon, a 32-year-old former bounty hunter and the plaintiff in the corruption case against former planning commissioner Richard Scagliotti, pleaded not guilty to the two felony charges.
Patrick Pekin, who represented Monteon during Wednesday’s preliminary hearing, argued that District Attorney John Sarsfield is discriminating against his client because he filed suit against the county in 2003 alleging that Scagliotti used his position to profit financially. Pekin told the court he had heard that Sarsfield distributed a memorandum to his office staff that deputy district attorneys had charging discretion in every case expect for Monteon’s case. Sanders ordered that the memorandum be made available to the court, but postponed a hearing on the issue of prosecutorial discrimination until May 3.
Sarsfield said Monteon’s prosecution was unrelated to the Scagliotti case.
“This is an important case because he threatened a cop,” Sarsfield said. “We don’t deal cases where people threaten cops.”
Pekin disagreed.
“I think the charges are excessive,” he said. “I think Mr. Monteon is receiving special treatment from the district attorney’s office.”
Mike Pekin resumed discovery in the Scagliotti corruption case two months ago after postponing work on the case for over a year. Sarsfield is suing Pekin for allegedly violating the civil rights of eight elected officials and business owners through extortion and by filing false lawsuits.
During the hour-long preliminary hearing, Pekin argued that Monteon had done nothing wrong during a confrontation with San Benito County Sheriff’s deputies last October. Deputies had been dispatched to Monteon’s home after receiving a report that a suspicious man was standing in front of a residence in the 1000 block of Santa Ana Rd. All three deputies present during the October arrest testified Wednesday that Monteon had threatened them and that he had charged one of the deputies. Deputies also testified that they used stun guns to try to stop him.
Pekin argued that Monteon never attacked the deputies and questioned why his client was stunned. Hooper countered that the deputies used stun guns because they felt threatened.
Two of the deputies testified that they offered to give Monteon a ride home – not knowing that he was standing in front of his house – and that he responded by saying “No, that is not going to happen, you are going to meet your God today and I’m going to make sure it happens.”
A date for trial will be set May 3. If convicted of felony resisting arrest, Monteon could face both fines and time in prison.
Brett Rowland covers public safety for the Free Lance. He can be reached 831-637-5566 ext. 330 or
br******@fr***********.com
.
