LAKEPORT, Calif. – Three men who were arrested in the Valley fire area have reached plea agreements with the District Attorney's Office, with their attorneys asserting that they were not there to commit crimes but to return to their rented property.
Dyami Gene Connell, 23; Michael James Jimenez, 28; and 24-year-old David Michael Cesari were arrested on Sept. 17 near Hidden Valley Lake, as Lake County News has reported.
The three men were set for preliminary hearing on Dec. 2. However, District Attorney Don Anderson said all three entered pleas based on agreements with his office.
Anderson said Connell and Jimenez each pleaded to being in a restricted area. Both of the men, for whom this was their first offense, received 45 days in jail.
Cesari pleaded guilty to felony possession of a concealed .40-caliber semiautomatic pistol and could face a maximum of three years in prison. Anderson said Cesari's case has been referred to the Lake County Probation Department for a sentencing recommendation.
Cesari, who has no serious priors to speak of, is due to be sentenced Jan. 25, Anderson said.
Authorities had alleged the men were looting, and that they were found with a number of items in their vehicle that looked like burglary tools, including a mask, gloves, flashlights, binoculars and knives.
However, “We couldn't prove they were looting,” Anderson said, who suggested the sheriff's office had done “too good of a job” and caught them before they did anything.
Quite the opposite, said Santa Rosa attorney Chris Andrian, who represented Connell, and Jimenez's attorney Angela Carter, who oversees the county's public defender contract.
While the three men had been reported to have Bay Area addresses – Connell and Jimenez from Brisbane and Cesari from San Francisco – Andrian and Carter said Cesari and Connell had been renting a property in the area since December 2013 and were in the evacuation zone along with Jimenez while trying to return to the property to protect it. The landlord even vouched for them.
“They shouldn't have entered the evacuation zone, but they weren't the burglars they were presumed to be,” said Andrian.
As for the items found in the vehicle that appeared incriminating, Carter – who herself had to evacuate from her south county home during the Valley fire – said a lot of people had odd things in their vehicles as they fled the fire area.
On the day of the preliminary hearing, the rental agreement was presented to Anderson. He said it weighed into the resulting plea agreement quite a bit.
Both Andrian and Carter said the three men had been pilloried over their arrests – with Carter noting that they were made the poster boys for Valley fire looting cases, with fliers with their pictures posted in Middletown – yet none had been charged with looting in the first place.
Andrian noted that his daughter had called him to ask if he knew about the arrests of the men after hearing the allegations of the looting in the media.
“It's not something these guys should have done,” said Andrian, adding that it was hard for him to defend them going into an evacuation area. “They were stupid.”
Yet, their poor choice of entering the evacuation zone wasn't the same thing as being burglars, according to their attorneys.
Carter said her client will be able to do work service in lieu of actual jail time.
Anderson said this was the last of the cases stemming from arrests during the Valley fire.
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