Judges Uphold Convictions Of Petaluma Mother, Daughter

SONOMA COUNTY, CA — Three Sonoma County Superior Court judges have affirmed the convictions of a Petaluma mother and daughter for misdemeanor obstructing and resisting a sheriff's deputy during a confrontation outside their home in 2015. Gabrielle Lemos, 21, and her mother Michelle Lemos, 50, were
convicted in August 2016 of resisting Deputy Marcus Holton in front of their Liberty Road home in Petaluma on June 13, 2015, and were sentenced to 30 days in Sonoma County Jail and two years of probation.

Judges Shelly Averill, Rene Chouteau and Gary Nadler heard their appeal and upheld the convictions on Feb. 27, according to the Sonoma County District Attorney's Office.

Sonoma County District Attorney Jill Ravitch said the three-judge panel rejected defense claims of insufficient evidence, prosecutorial misconduct and errors by the judge during jury instructions.

Gabrielle Lemos' attorney Izaak Schwaiger said Wednesday he will ask a state Court of Appeals in San Francisco to hear an appeal of the three-judge panel's ruling.

At the trial, Holton testified he stopped in front of the Lemos residence because a truck with an attached trailer was blocking Liberty Road. Holton said he heard an argument that indicated a possible domestic violence incident involving Gabrielle's sister Karli, who was sitting inside the truck.

The defendants said Karli had been drinking and was upset because she lost her cellphone, and there was no domestic violence at their home that night.

Holton said he wanted to arrest Gabrielle for interfering with his investigation after she made physical contact with him when he opened the passenger door to remove Karli from the truck.

Gabrielle testified her mother told her to go inside the house while she tried to defuse the situation. She said Holton followed her up a gravel driveway, lifted her up and threw her to the ground.

She suffered facial injuries and was treated at a hospital before she was booked into Sonoma County Jail. The confrontation and arrest were recorded by Holton's body-worn camera.

Michelle Lemos testified she grabbed Holton's collar and might have kicked him as he straddled Gabrielle and handcuffed her. She also was arrested for obstructing an officer.

The trial raised issues of excessive police force by Holton and racism by the defendants, who were heard making racist comments about Holton, who is black, during recorded telephone conversation while Gabrielle was in jail.

By Bay City News Service

Main image via Sonoma Sheriff YouTube account