A week before his scheduled sentencing in a Davis hate-crime case, Clayton Daniel Garzon was back in Yolo County Jail custody Wednesday for an alleged pretrial violation that could have an impact on his plea agreement.
Dan Fruchtenicht, a supervisor with the Yolo County Probation Department’s pretrial supervision program, said his office, which has supervised Garzon since his release on bail back in March, sought to revoke the 20-year-old’s release on Tuesday following a series of “battery violations” involving his GPS monitoring system, as well as some behavioral issues “that made us concerned for him overall.”
“Based upon that, we felt that he needed to return to custody,” said Fruchtenicht, who declined to elaborate on the nature of the Garzon’s behavior. Garzon, who is being held without bail at the Yolo County Jail, is due to appear in court at 1:30 p.m. today.
Scheduled as an arraignment, the hearing will determine whether Garzon should remain in custody or be re-released pending sentencing scheduled for Wednesday.
Garzon pleaded no contest last month to a felony count of battery causing serious bodily injury, plus a hate crime enhancement, in connection with the March 10 beating of Davis resident Lawrence “Mikey” Partida, 32, who police and prosecutors contend was attacked outside an I Street party because of his sexual orientation. Partida was hospitalized for two weeks and suffered lingering injuries as a result of the assault.
The plea deal calls for Garzon to receive a five-year prison sentence to be served locally at the Yolo County Jail.
“We’re all going to revisit the plea agreement on the 30th,” Chief Deputy District Attorney Jonathan Raven said Wednesday. He declined to comment further about this week’s developments.
Garzon’s attorney, Linda Parisi, could not be reached for comment.
Supervised by the Probation Department as a condition of his $520,000 bail release in March, Garzon had been in compliance, with “no issues,” until about two weeks ago, Fruchtenicht said. At that time, probation officers were alerted to an uncharged battery in his GPS device, a violation that lasted for several minutes.
According to Fruchtenicht, probation clients monitored by GPS are required to charge the batteries for at least two consecutive hours in a 24-hour period to avoid such violations.
Fruchtenicht said while the first violation was considered “insignificant,” it was followed this past Monday by two more battery violations that totaled eight hours during which probation was unable to track Garzon’s whereabouts.
Three probation officers paid a visit Tuesday to Yolo Superior Court Judge David Rosenberg, the judge presiding over Garzon’s case, who authorized the revocation of his release.
The officers then called in Garzon for an office visit, during which he was taken into custody, Fruchtenicht said.
Garzon’s Yolo County plea agreement calls for the dismissal of a pending assault charge in Solano County, where he was accused of involvement in a stabbing at a Dixon house party in September 2012. A trial-setting conference in that case is scheduled for Nov. 7, according to online court records.
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