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.