After a basic hearing, a Solano Superior Court adjudicator on Monday ordered a 33-year-old man to face added allegation aing ages for a ancestors altercation that escalated to cutting his ancestor with a blaze gun in backward August in Vacaville.
Accused of advance with a baleful weapon, Tommy Alexis-Seferino Luna, shackled and cutting dark- and light-gray bastille clothing, appeared in Adjudicator William Pendergast’s courtroom, Department 11, for the two-hour hearing, a sort-of minitrial.
During final comments, Deputy District Advocate Veronica Juarez asserted that the affirmation showed the cutting was not in self-defense.
But Luna’s attorney, Deputy Public Defender Jeanette Garcia, argued that the cutting was in aegis adjoin an affronted ancestor who assaulted her applicant Aug. 30 in the driveway of an Iron Drive home.
In the end, Pendergast bent there was, indeed, abundant affirmation — affidavit and photos of his father’s anguish and the blaze gun — to advance with a board trial, while at the aforementioned time acknowledging that a blaze gun is “not inherently a alarming weapon” but potentially could be. He ordered Luna to abide in Solano County Bastille and to acknowledgment to Adjudicator E. Bradley Nelson’s courtroom, Department 4, at 8:30 a.m. Oct. 1 for added arraignment. Luna’s bond has been set at about $67,000.
Also accused of adolescent endangerment, Luna, a alpine attenuate man who wears glasses, his amber beard pulled aback into a ponytail, sat agilely at the aegis table, autograph and demography addendum with one absolved hand, appointment with Garcia from time to time.
As her aboriginal witness, Juarez alleged Vacaville Police Officer Robert Myers, who anecdotal that admiral responded to a alarm about a concrete action and afterwards a cutting about 9:30 p.m. Aug. 30 in the 900 block of Iron Drive.
Investigation appear the father, Thomas Luna, 61, and his son, had been arguing, which affronted concrete as the two stood alfresco of the home.
Initial letters adumbrated that Tommy Luna, the son, was captivation a 2-year-old adolescent at the time of the cutting but Myers did not accredit to that during his abrupt testimony.
He said the adolescent Luna had retrieved a blaze gun from a car he was alive on at the time “and accursed one round,” which hit the ancient Luna to one ancillary of his abdomen area.
On cross-examination, Garcia said her applicant — whom she alleged “Tommy Junior,” the ancestor “Tommy Senior” — was attacked first, that the ancient Luna had addled his son “several times,” wrestled her applicant to the ground, and asserted that the ancestor had a “history of actuality calumniating against his son.”
Afterward, Juarez alleged Thomas Luna as her additional witness.
He said he was active at the Iron Drive abode and “had set boundaries” with his son about alive on his agent while added ancestors associates slept.
The ancient Luna testified that afterwards he confronted his son about alive on his car at night, and was allegedly affronted at the time, back his “came out” from abaft one car aperture “and attempt me,” again tackled him.
“And why did you do that?” Juarez asked.
“For abhorrence of my life,” he said, again denied that he had addled his son and told his wife, Sharon Luna, to “call the authorities.”
Juarez showed the ancient Luna a blush photo of his anguish and he said he was “still abscessed from actuality shot.”
On cross-examination, Garcia asked him why he was at the home, and the ancient Luna said he was “trying to revalidate the marriage” with Sharon.
Over Juarez’s objections, Garcia acclaimed that the ancient Luna’s antecedent bent history, including aesthetics for array in 1981 and 1992, the closing a abomination conviction.
After a noontime recess, Garcia connected analytic her client’s father, allurement if he approved to grab the blaze gun (“No”); and entered into a concrete battle two weeks afore the Aug. 30 abandon (“No”).
Her alternation of questions appeared to acrylic the ancient Luna as a headstrong, absolute ancestor of the family.
Garcia alleged Sharon Luna to the attestant stand, and, afore sitting down, casting a smile against her son. She denied Thomas was the arch of the domiciliary and had not been active at the Iron Drive abode “for an continued aeon of time,” but, rather, had been active with his brother.
Sharon Luna recalled that her bedmate had entered her bedchamber briefly at about 9:30 p.m. but left, again heard him babble at a grandson in the active room.
She told Garcia that she witnessed some of the concrete altercation, asserted that her bedmate was out of ascendancy and “Tommy was activity to the arena back he accursed the blaze gun.”
On redirect, Juarez got Sharon Luna to accept that she did not see the altercation activate but, already outside, saw that her bedmate “had his easily on his son” afore the gun fired.
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