This case should be compared to the Errol Chang Homicide by SWAT TEAM in Pacifica after a few hours.
Note: He was arrested for Domestic Violence but Not Charged. No Restitution for the cost of two Swat Teams and residents cost to relocate at 2AM.
The District Attorney’s Office and the Redwood City Police Department should be audited. To see if the San Mateo County Domestic Violence Protocol was followed.
Update February 9, 2019, They used a Retired Judge Runde to approve this why were other Judges avoiding this appearance of corruption in light of the recent Recall of Judge Aaron Persky in Santa Clara County.
McGee was sentenced by Retired Judge John Runde to a year and a half of probation and two days jail time.
Next Court Date: 01/15/2019 Pretrial Conference
Update: Sept 28, 2018 The District Attorney’s Office has not assigned a Prosecutor to this case yet.
Update: Sept 27, 2018 Defense Attorney Josh Bentley represented James McGee in court this morning and I am glad he did. I drove up from Monterey County to cover this important court case. I was prepared to sit for hours in that court until the M’s were called. It was not listed on the electronic monitor at all, not only was it not listed at the Courtroom on the 8th floor. It also was not listed with the Bailiff for the Court. So had Josh Bentley not showed up and asked Judge Finigan to handle this case where the defendant wasn’t there, and it wasn’t on his calendar when the District Attorney’s Office had 45 days to put it on the calendar, In other words jump to the front of the line and it was over in just minutes. I personally thank Josh Bentley for that benefit. That is getting things done even if the judge didn’t have a clue what the case was about and in all fairness how could he. A 17 hour standoff with the Swat Team, DV Violence Victim etc, turns into a simple resisting arrest.
Update: Sept.26, 2018 Case number 18-SM-011603-A. Sept. 27, 2018 8:30AM Court Date.
Update: Sept. 24, 2018 There is No Domestic Violence Charge and only one count of 148(a)(1) PC. There is still No Case number on the Court Calendar. The residents of San Mateo County should be demanding an Audit of the District Attorney’s Office and include the County Domestic Violence Protocol, was it followed, Who is responsible for enforcing it. What about the Victim?
Update: Todays 9/12/2018 Court date has been continued for 2 weeks. Next Court date or cording to the DA’s Office is 9/27/2018. Still NO charges filed by the District Attorney’s Office, not even the Domestic Violence charge he was arrested for.
August 9, 2018 at 2:00AM the Redwood City Police Department responded to a 911 call reporting Domestic Violence with injuries. When police arrived they found a woman in the front of the home located on Windsor Way. She was taken to the Hospital. The police, San Mateo County Sheriff’s Swat Team, a Helicopter and who knows how many first responders spent the next 17 plus hours communicating with one of their own to get him to comply with the orders to come outside. The entire neighborhood was effected by this military response to a former RWCPD Swat Team Officer refusing to comply with orders to come out. Some neighbors were forced to stay in place and some left their homes for safety.
If you think over 17 hours for one of their own seems like a long time you are correct, but that is nothing, San Mateo County District Attorney Steve Wagstaffe and Chief Deputy DA Karen Guidotti have refused to file any charges as of Sept 10, 2018. You talk about favorable treatment, think about having over 30 days to communicate with the victim to have her really think about her future and what’s best for her and the alleged abuser. Financial considerations of course. This is where the Fixer shines, behind the scenes he communicates the reality to the victim, she will never win in court in SMC. It won’t be the first time a victim has heard that statement before.
San Mateo County has a Domestic Violence Protocol it includes an Emergency Protective Order, a 30 day Court appearance to convert the EPO to a Restraining Order. I asked the DA’s Office the status of the EPO & RO here is the response.
Mr. Stogner: No charges have been filed yet. Yes, his court appearance is still set for the 12th. I won’t be commenting on the facts of the case until a filing decision is made. You may feel free to reach out to me daily to see if/when charges are filed.
From: Michael Stogner [mailto:email@example.com]
Sent: Monday, September 10, 2018 11:31 AM
To: Karen Guidotti <firstname.lastname@example.org>
Subject: RE: James A. McGee Charges Update
Is his court date still set for the 12th.
Was there an EPO issued? and was it converted to a R.O.?
What are the charges?
Michael G. Stogner
San Mateo County News.com
Note: Sept. 12. 2018 I went to the court house James McGee’s name was not on the docket at all. Usually all parties come to court on the official court date and than continue. That is not what happened in this case.
Chief Deputy Karen Guidotti should explain to the residents of San Mateo County this statement. “Yes, his court appearance is still set for the 12th.”
My reporting is facts based if anyone would like to comment please do.
By Michael G. Stogner
Here is the Palo Alto Daily Post Article, written 22 days after my article. What I was warning about the victim not being protected and communicated to looks like it has taken place. This is why the DA records a statement that night of the 911 call.
Ex-cop in 17½-hour standoff may get charged with a misdemeanor
BY EMILY MIBACH
Daily Post Staff Writer
A retired Redwood City police officer who was in a police standoff for 17½ hours could walk away with a single misdemeanor charge, much to the chagrin of San Mateo County District Attorney Steve Wagstaffe.
James McGee, 54, was arrested at his home on the 700 block of Windsor Way on Aug. 9 after a woman there called 911, reporting that she had been a victim of domestic violence.
While McGee was booked into jail on a charge of felony domestic violence, Wagstaffe said the alleged victim isn’t being completely cooperative with the prosecutor handling the case, making it difficult to have enough evidence to charge McGee.
If he isn’t charged with domestic violence, the only possible charge McGee would face is a misdemeanor for resisting arrest due to the 17½-hour standoff.
“He could walk out of this thing with a misdemeanor, and that strikes me as amazing,” Wagstaffe said.
Wagstaffe said the California District Attorneys Association has lobbied in the past to create a law that would classify long standoffs with police as felonies, but Legislators turned down the idea.
Standoffs can get expensive
“But you think of the hundreds of thousands of dollars going into overtime for standoffs like this, and it is surprising it’s not a (bigger) crime,” Wagstaffe said.
McGee is expected to make his first court appearance in about two weeks, depending on how long Wagstaffe’s investigation takes. He is out on $50,000 bail.
Calls to McGee’s lawyer, San Carlos attorney Josh Bentley, were not returned yesterday.
McGee was a Redwood City officer from 1985 to 2013. Last year, he received $126,369 from his pension, according to Transparent California, a website that lists pension data for retired public employees.
The standoff on Aug. 9 began at around 2 a.m. when the alleged victim called police.
The woman was outside of the home when police arrived, and McGee was inside, refusing to come out, according to police.
Neighbors were evacuated and police surrounded the home.
Authorities negotiated with McGee throughout the day, and he eventually communicated with them. He was arrested around 7:30 p.m.
McGee was booked into jail “without significant injuries to anyone.”
The woman was taken to a hospital with injuries, but was released after a short period of time.
5 responses to “James “Jim” McGee Arrested for Domestic Violence, after a 17.5 hr. Swat Standoff.”
The PADP did an article on the arrest and standoff, refused to allow my comment than closed the comments to the public.
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