2 days of testimony in Hagins trial
Testimony last week by the victim of an alleged sexually-motivated attack helped clarify what reportedly happened in a Plumas Lake home May 15, 2009 and how Yuba County sheriff’s investigators so quickly focused on Marcus Charles Hagins as their key suspect.
Yuba County Sheriff’s Sergeant Joseph Pomeroy, lead investigator in the crime, said the 20-year-old victim named Hagins as one of two persons she knew who were tall and thin as the attacker had been.
The other person, whose last name was not known, could not me located, so Hagins’ became the immediate focus of the investigation.
Evidence began to pile up.
Hakins and the victim had known each other for some time. His vehicle closely matched the one seen near the crime scene. When questioned, the cooperative Hagins admitted to having been in general Plumas Lake area about the time of the attack.
The crime victim testified that she had known Hagins since about “the eight grade” and that they had gone to East Nicolaus High School together. Upon graduation, the victim testified, they went to separate junior colleges. She to Yuba College; he to Sierra College.
She said they had gone out together with other friends, but denied have a boyfriend-girlfriend relationship with Hagins. In fact they had been drifting apart, even as friends.
She said her house key went missing from her purse while she was shopping with Hagins at the Roseville Galleria shopping center some months before the home break-in. The implication was that Hagins took it while she tried on garments.
When Pomeroy and another deputy arrived at the Hagins residence in Elverta, they saw a white Chrysler Sebring matching the vehicle the assailant escaped in. He often drove it, Hagins told investigators.
Asked to sketch out his movements the night of the attack, Hagins said he been to the movie “Angels & Demons” in Sacramento with friends. After the movie he went to one of the friend’s home in East Nicolaus, which is near the Plumas Lake area.
Hagins said he left the friend’s house about 3:30 a.m. and went home to Elverta, Pomeroy testified.
At the sheriff’s department for questioning, Hagins was given a bottle of water, from which fingerprints were lifted.
A fingerprint expert from the state Department of Justice, Richard Johnson, testified in Yuba County Superior Court that the fingerprints on the water bottle were determined to match the fingerprints found on a doorknob to the victim’s bedroom.
Yuba County crime scene investigator Jennifer Mervine testified extensively about how she gathered bits of evidence, including portions of duct tape that had been used to bind the victim.
She transported the tape samples to the state DOJ where Johnson processed the evidence. Ultimately, fingerprints matching Hagins’ fingerprints were determined to match fingerprints lifted from the door and the water bottle and the duct tape.
The felony charges finally charged against Hagins are serious indeed. The range from assault with intent to rape, burglary, false imprisonment and one charge alleging cause “terror,”
I have compiled a full inventory of the charges alleged and the legal punishments that accompany them if convicted. [See below]
The trial resumes Tuesday with Judge Kathleen R. O’Connor presiding.
CALIFORNIA PENAL CODE SECTIONS
COUNT #1:
Rape in concert w/ Armed Offense:
220(b) Any person who, in the commission of a burglary of the first
degree, as defined in subdivision (a) of Section 460, assaults
another with intent to commit rape, sodomy, oral copulation, or any
violation of Section 264.1, 288, or 289 shall be punished by
imprisonment in the state prison for life with the possibility of
parole.
12022.3 For each violation of Section 220 involving a specified sexual offense, or for each violation or attempted violation of Section 261, 262, 264.1, 286, 288, 288a, or 289, and in addition to the sentence provided, any person shall receive the following:
(a) A 3-, 4-, or 10-year enhancement if the person uses a firearm
or a deadly weapon in the commission of the violation.
(b) A one-, two-, or five-year enhancement if the person is armed
with a firearm or a deadly weapon.
--
COUNT #2:
Burglary in 1st degree w/ special allegation of violent felony:
459/(1st) Every person who enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, as defined in Section 21 of the Harbors and Navigation Code, floating home, as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code, railroad car, locked or sealed cargo container, whether or not mounted on a vehicle, trailer coach, as defined in Section 635 of the Vehicle Code, any house car, as defined in Section 362 of the Vehicle Code, inhabited camper, as defined in Section 243 of the Vehicle Code, vehicle as defined by the Vehicle Code, when the doors are locked, aircraft as defined by Section 21012 of the Public Utilities Code, or mine or any
underground portion thereof, with intent to commit grand or petit larceny or any felony is guilty of burglary. As used in this chapter, "inhabited" means currently being used for dwelling purposes, whether occupied or not. A house, trailer, vessel designed for habitation, or portion of a building is currently being used for
dwelling purposes if, at the time of the burglary, it was not occupied solely because a natural or other disaster caused the occupants to leave the premises.
[Note: No specific prison time given.]
667.5. Enhancement of prison terms for new offenses because of prior prison terms shall be imposed as follows:
(c) For the purpose of this section, "violent felony" shall mean any of the following:
(21) Any burglary of the first degree, as defined in subdivision
(a) of Section 460, wherein it is charged and proved that another
person, other than an accomplice, was present in the residence during
the commission of the burglary.
[Note: No specific prison time enhancement given.]
--
COUNT #3:
ADW w/GBI, Force:
245(a)(1) Any person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm or by any means of force likely to produce great bodily injury shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not exceeding one year, or by a fine
not exceeding ten thousand dollars ($10,000), or by both the fine and imprisonment.
--
Count #4:
Threat to terrorize:
422 Any person who willfully threatens to commit a crime which will result in death or great bodily injury to another person, with the specific intent that the statement, made verbally, in writing, or by means of an electronic communication device, is to be taken as a threat, even if there is no intent of actually carrying it out, which, on its face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes that person reasonably to be in sustained fear for his or her own safety or for his or her immediate family's safety, shall be punished
by imprisonment in the county jail not to exceed one year, or by imprisonment in the state prison.
For the purposes of this section, "immediate family" means any spouse, whether by marriage or not, parent, child, any person related by consanguinity or affinity within the second degree, or any other person who regularly resides in the household, or who, within the prior six months, regularly resided in the household.
"Electronic communication device" includes, but is not limited to, telephones, cellular telephones, computers, video recorders, fax machines, or pagers. "Electronic communication" has the same meaning as the term defined in Subsection 12 of Section 2510 of Title 18 of the United States Code.
[Note: Did the ‘txt msg’ count as a threat in this case? I could not read the small hand-written dispay Pomeroy gave and neither he nor Duprés-Tokos read it aloud.]
--
Count #5:
236/297 False imprisonment by viol:
236 False imprisonment is the unlawful violation of the personal liberty of another.
[Note: Not given in filing but this defines possible prison term: 236.1. (a) Any person who deprives or violates the personal liberty of another with the intent to effect or maintain a felony violation of Section 266, 266h, 266i, 267, 311.4, or 518, or to obtain forced labor or services, is guilty of human trafficking.
(b) Except as provided in subdivision (c), a violation of this section is punishable by imprisonment in the state prison for three,four, or five years.]
237(a) False imprisonment is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail for not more than one year, or by both that fine and imprisonment. If the false imprisonment be effected by violence, menace, fraud, or deceit, it shall be punishable by imprisonment in the state prison.
[Note: No specific prison term cited.]
Yuba County Sheriff’s Sergeant Joseph Pomeroy, lead investigator in the crime, said the 20-year-old victim named Hagins as one of two persons she knew who were tall and thin as the attacker had been.
The other person, whose last name was not known, could not me located, so Hagins’ became the immediate focus of the investigation.
Evidence began to pile up.
Hakins and the victim had known each other for some time. His vehicle closely matched the one seen near the crime scene. When questioned, the cooperative Hagins admitted to having been in general Plumas Lake area about the time of the attack.
The crime victim testified that she had known Hagins since about “the eight grade” and that they had gone to East Nicolaus High School together. Upon graduation, the victim testified, they went to separate junior colleges. She to Yuba College; he to Sierra College.
She said they had gone out together with other friends, but denied have a boyfriend-girlfriend relationship with Hagins. In fact they had been drifting apart, even as friends.
She said her house key went missing from her purse while she was shopping with Hagins at the Roseville Galleria shopping center some months before the home break-in. The implication was that Hagins took it while she tried on garments.
When Pomeroy and another deputy arrived at the Hagins residence in Elverta, they saw a white Chrysler Sebring matching the vehicle the assailant escaped in. He often drove it, Hagins told investigators.
Asked to sketch out his movements the night of the attack, Hagins said he been to the movie “Angels & Demons” in Sacramento with friends. After the movie he went to one of the friend’s home in East Nicolaus, which is near the Plumas Lake area.
Hagins said he left the friend’s house about 3:30 a.m. and went home to Elverta, Pomeroy testified.
At the sheriff’s department for questioning, Hagins was given a bottle of water, from which fingerprints were lifted.
A fingerprint expert from the state Department of Justice, Richard Johnson, testified in Yuba County Superior Court that the fingerprints on the water bottle were determined to match the fingerprints found on a doorknob to the victim’s bedroom.
Yuba County crime scene investigator Jennifer Mervine testified extensively about how she gathered bits of evidence, including portions of duct tape that had been used to bind the victim.
She transported the tape samples to the state DOJ where Johnson processed the evidence. Ultimately, fingerprints matching Hagins’ fingerprints were determined to match fingerprints lifted from the door and the water bottle and the duct tape.
The felony charges finally charged against Hagins are serious indeed. The range from assault with intent to rape, burglary, false imprisonment and one charge alleging cause “terror,”
I have compiled a full inventory of the charges alleged and the legal punishments that accompany them if convicted. [See below]
The trial resumes Tuesday with Judge Kathleen R. O’Connor presiding.
Tom Nadeau
CALIFORNIA PENAL CODE SECTIONS
cited in People v. Hagins, YCSC CRF-09-283
COUNT #1:
Rape in concert w/ Armed Offense:
220(b) Any person who, in the commission of a burglary of the first
degree, as defined in subdivision (a) of Section 460, assaults
another with intent to commit rape, sodomy, oral copulation, or any
violation of Section 264.1, 288, or 289 shall be punished by
imprisonment in the state prison for life with the possibility of
parole.
12022.3 For each violation of Section 220 involving a specified sexual offense, or for each violation or attempted violation of Section 261, 262, 264.1, 286, 288, 288a, or 289, and in addition to the sentence provided, any person shall receive the following:
(a) A 3-, 4-, or 10-year enhancement if the person uses a firearm
or a deadly weapon in the commission of the violation.
(b) A one-, two-, or five-year enhancement if the person is armed
with a firearm or a deadly weapon.
--
COUNT #2:
Burglary in 1st degree w/ special allegation of violent felony:
459/(1st) Every person who enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, as defined in Section 21 of the Harbors and Navigation Code, floating home, as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code, railroad car, locked or sealed cargo container, whether or not mounted on a vehicle, trailer coach, as defined in Section 635 of the Vehicle Code, any house car, as defined in Section 362 of the Vehicle Code, inhabited camper, as defined in Section 243 of the Vehicle Code, vehicle as defined by the Vehicle Code, when the doors are locked, aircraft as defined by Section 21012 of the Public Utilities Code, or mine or any
underground portion thereof, with intent to commit grand or petit larceny or any felony is guilty of burglary. As used in this chapter, "inhabited" means currently being used for dwelling purposes, whether occupied or not. A house, trailer, vessel designed for habitation, or portion of a building is currently being used for
dwelling purposes if, at the time of the burglary, it was not occupied solely because a natural or other disaster caused the occupants to leave the premises.
[Note: No specific prison time given.]
667.5. Enhancement of prison terms for new offenses because of prior prison terms shall be imposed as follows:
(c) For the purpose of this section, "violent felony" shall mean any of the following:
(21) Any burglary of the first degree, as defined in subdivision
(a) of Section 460, wherein it is charged and proved that another
person, other than an accomplice, was present in the residence during
the commission of the burglary.
[Note: No specific prison time enhancement given.]
--
COUNT #3:
ADW w/GBI, Force:
245(a)(1) Any person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm or by any means of force likely to produce great bodily injury shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not exceeding one year, or by a fine
not exceeding ten thousand dollars ($10,000), or by both the fine and imprisonment.
--
Count #4:
Threat to terrorize:
422 Any person who willfully threatens to commit a crime which will result in death or great bodily injury to another person, with the specific intent that the statement, made verbally, in writing, or by means of an electronic communication device, is to be taken as a threat, even if there is no intent of actually carrying it out, which, on its face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes that person reasonably to be in sustained fear for his or her own safety or for his or her immediate family's safety, shall be punished
by imprisonment in the county jail not to exceed one year, or by imprisonment in the state prison.
For the purposes of this section, "immediate family" means any spouse, whether by marriage or not, parent, child, any person related by consanguinity or affinity within the second degree, or any other person who regularly resides in the household, or who, within the prior six months, regularly resided in the household.
"Electronic communication device" includes, but is not limited to, telephones, cellular telephones, computers, video recorders, fax machines, or pagers. "Electronic communication" has the same meaning as the term defined in Subsection 12 of Section 2510 of Title 18 of the United States Code.
[Note: Did the ‘txt msg’ count as a threat in this case? I could not read the small hand-written dispay Pomeroy gave and neither he nor Duprés-Tokos read it aloud.]
--
Count #5:
236/297 False imprisonment by viol:
236 False imprisonment is the unlawful violation of the personal liberty of another.
[Note: Not given in filing but this defines possible prison term: 236.1. (a) Any person who deprives or violates the personal liberty of another with the intent to effect or maintain a felony violation of Section 266, 266h, 266i, 267, 311.4, or 518, or to obtain forced labor or services, is guilty of human trafficking.
(b) Except as provided in subdivision (c), a violation of this section is punishable by imprisonment in the state prison for three,four, or five years.]
237(a) False imprisonment is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail for not more than one year, or by both that fine and imprisonment. If the false imprisonment be effected by violence, menace, fraud, or deceit, it shall be punishable by imprisonment in the state prison.
[Note: No specific prison term cited.]
posted by Tom Nadeau at
4:17 PM
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