FAIRFIELD — A man accused of spitting at a police officer will face a misdemeanor charge of resisting arrest, rather than a felony, Solano County Superior Court Judge Donna Stashyn ruled Tuesday.
“No officer deserves that,” Stashyn said in court. “It sounds like the officer was just trying to do his job.”
But the judge said she wasn’t sure about adequate evidence in the May 5 incident for a felony charge against James Drew James, who also faces a misdemeanor battery charge after the Tuesday preliminary hearing in Solano County Superior Court.
Fairfield Police Officer Craig Jiminez testified he was dispatched to the Laurel Creek House, an outpatient facility on East Tabor Avenue, where a psychologist said a mental health client was threatening violence against the staff.
James wanted police to take him to jail because he intended to kill Laurel Creek House staff and a police officer, said Jiminez, who described James as ranging emotionally from calm to belligerent. James was handcuffed and placed in the back of the patrol car.
Jiminez said Plexiglass is behind his head in the patrol car and a mesh screen separates the rest from the back seat.
James, seated in the rear on the passenger side, spat three times at him, the officer testified.
“I think he’d already launched the third volley before I was able to get out of the vehicle,” the officer said in court.
Jiminez exited the vehicle, notified dispatch and placed a device called a “spit sock” on the suspect, Jiminez testified.
Solano County Public Defender Tehanita Taylor argued in court that the emotionally unstable James threw a temper tantrum that lacked physical force.
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