A Hollister man arrested last week for allegedly stealing a
woman’s car at knife point pleaded not guilty Thursday to robbery
and weapons charges
– a third strike offense which could land him in prison for life
if convicted.
Hollister – A Hollister man arrested last week for allegedly stealing a woman’s car at knife point pleaded not guilty Thursday to robbery and weapons charges – a third strike offense which could land him in prison for life if convicted.
Elias Avila, 29, faces four charges stemming from an alleged carjacking on the afternoon of Dec. 20 near the McDonalds on San Felipe Road, according to District Attorney John Sarsfield. Sarsfield charged Avila with robbery, making a terrorist threat and assault – all felonies. He also faces a misdemeanor charge of brandishing a knife at the woman whose car he allegedly stole.
Sarsfield said that if convicted of the crimes, Avila would face six years in prison. But because Avila has two previous convictions for burglary in 1994, Sarsfield said that he is facing a third strike that could send him to prison for 25 years to life.
“This is exactly the type of person voters had in mind when they enacted the three strikes law,” Sarsfield said, who added that the case is a strong one and his office will not offer Avila a deal for reduced charges because of the third strike component.
Hollister police officers arrested Avila on Dec. 21 near San Benito High School after they spotted him driving what they suspected was a stolen car. Avila led officers on a foot chase through several backyards before he was taken into custody near the high school.
Police believe Avila carjacked a late model Kia sedan around 1pm. The woman, who Avila had a relationship with, was not injured and later told police that he had threatened to kill her if she reported the incident, according to Hollister police Capt. Richard Vasquez. She told police that he forced her into the passenger seat of the car and waved a black knife at her, Vasquez said. After a brief struggle for the keys, she fled the car on foot.
While Avila was subdued in court Thursday when he pleaded not guilty to all charges, things did not go so smoothly during his initial court appearance on Dec. 23 when, according to those who were there, Avila was combative and verbally abusive.
“He was obviously out of hand in court,” Public Defender Greg La Forge said. “He was loud, obnoxious and using profanities.”
Apparently expecting more of the same, sheriff’s deputies cleared the courtroom Thursday before Avila, chained and wearing a black and white-striped jail jumpsuit was brought inside.
San Benito County Superior Court Judge Steven Sanders scheduled a preliminary trial for Jan. 19 at 9am, during which the district attorney will have to convince the judge that the crimes Avila is charged with committing happened, and that Avila committed them, according to George Barton, Avila’s court-appointed attorney.
“It’s a very low burden of proof,” Barton said concerning the preliminary hearing, adding that he hadn’t had a chance yet to review the prosecution’s case because he just received it around lunch time on Thursday.
Luke Roney covers local government and the environment for the Free Lance. Reach him at 831-637-5566 ext. 335 or at lr****@fr***********.com
