Mistrial declared in DUI case of form...

Mistrial declared in DUI case of former Vallejo cop, councilman

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Anonymous

Vallejo, CA

#1 Apr 4, 2014
Mistrial declared in DUI case of former Vallejo cop, councilman
http://www.timesheraldonline.com/news/ci_2549...

A judge declared a mistrial Thursday in retired Vallejo police captain Tony Pearsall's bizarre driving-under-the-influence and hit-and-run case, involving the widely prescribed sleep medication Ambien.

Solano County Superior Court Judge Robert Bowers declared the mistrial after the jury announced it was deadlocked after just three hours of deliberations. Nine jurors felt Pearsall was guilty of the DUI charge; three felt he was guilty of the hit-and-run charge.

Both charges are misdemeanors with a maximum jail sentence of six months.

Solano County Deputy District Attorney Rashaan Jones said afterward the case will be re-tried. A trial-setting date was scheduled for May 2, in Bowers' Fairfield courtroom.

Pearsall's defense attorney Dan Russo said, "It was a tough case and I'm hoping the district attorney realizes they are never going to get a conviction."

Russo added, "Mr. Pearsall was hoping for vindication. I'm sad because I would like it to be a verdict for him."

The case stems from Pearsall's arrest in July 2012, after he allegedly struck a parked car in a shopping center parking lot and later bumped a police car in front of his house in the 200 block of El Camino Real in Vallejo.

Pearsall, 68, didn't dispute the evidence that he drove while impaired. Instead, he fought the charges based on his belief that he didn't know -- and wasn't properly warned -- about the medication's intoxicating effects.

The defense also presented evidence of Pearsall's reputation for sobriety and community service, including his 36 years as a police officer, his Vallejo City Council term from 2003 to 2007 and his work for the neighborhood revitalization non-profit Fighting Back Partnership.

He retired from the Vallejo Police Department in 2003.

During the three-day trial, police Lt. Herman Robinson, former Solano County prosecutor Doug Keener and former Vallejo Mayor Tony Intintoli testified about Pearsall's reputation and work in the community.

"Sitting with cuffs in the back of the squad car broke his heart," Russo said in closing arguments Thursday.

Jones acknowledged Pearsall's good work in the community, but urged the jury not to give the defendant a "free pass."

"That's not how the law works," Jones said.

Jones argued Pearsall should have known about Ambien's effects because he had been taking it off-and-on for 18 months to help him sleep. Pearsall said the medication was prescribed after neck surgery. He added that the medication's warning label at the time advised patients not to mix the drug with alcohol and to "use care" if operating a car.

The U.S. Food and Drug Administration has since approved label changes warning patients not to drive after taking the medication, including the next morning. Last year, the FDA also approved new dosage recommendations because of the drug's strong effects.

Pearsall -- who's married to former two-term Vallejo City Councilwoman Stephanie Gomes -- was arrested on July 22, 2012. According to police, officers received a complaint at about 9:15 p.m. of a hit-and-run in the parking lot of the former Lucky supermarket at Tuolumne and Redwood streets.

A witness gave officers a description of the suspect's vehicle and a license plate number, which turned out to be Pearsall's, police said.

Officers then drove to Pearsall's residence trying to find the car. As the patrol car turned south on El Camino Real officers saw the vehicle driving on the wrong side of the street at a slow speed, police said at the time.

On Tuesday, Police Officer Megan Sheridan testified that Pearsall appeared to be "confused" and "disoriented" when she approached his car to ask him for his keys.
ted

Vallejo, CA

#3 Apr 4, 2014
a real juicy tale here. going the re-try? the d.a. wants this guy. election year and all that. no skates for tony. maybe trying to force a plea agreement? i didn't know he could get six months in the slam. so that is what this is all about.
We Are All Sammy

Pacifica, CA

#4 Apr 4, 2014
Awww, sniff, sniff, "Sitting with cuffs in the back of the squad car broke his heart"
Retrial coming? No skates for Tony.
Im Sammy too

Vallejo, CA

#5 Apr 4, 2014
Tony will be spending some time in the slammer, deal or no deal.
Re trial May 2nd.
Sam I Am Too

Vallejo, CA

#6 Apr 4, 2014
He should plead to Reckless Endangerment with community service picking up trash on the side of the road in lieu of fine or jail. They would rip him in jail.
gimmie gimmie gimmie

Vallejo, CA

#7 Apr 4, 2014
every one of the current mass murderers have been on Ambien, sounds like the go-to drug for getting out of trouble !
ted

Vallejo, CA

#8 Apr 5, 2014
it's good they are going to run this dope-head through the ringer again. no free passes for putting lives at risk.
Sambo

La Mesa, CA

#9 Apr 5, 2014
Hey kurshan didn't you have to flee New York before you went to trial for child molestation? Now put down the crack pipe and turn yourself in.
Make it look fair

Dixon, CA

#10 Apr 5, 2014
Russo represented Judge Bowers when he was arrest by vpd. Bowers hears Pearsalls case. Russo represented Pearsall and Bowers hears the case.

At least try to make it look fair.
We All Be Sammy

Vallejo, CA

#11 Apr 5, 2014
It will be another jury trial so the judge is out of the decision process.
mole

Vallejo, CA

#12 Apr 5, 2014
"During the three-day trial, police Lt. Herman Robinson, former Solano County prosecutor Doug Keener and former Vallejo Mayor Tony Intintoli testified about Pearsall's reputation and work in the community."

Did they give any insight as to why he lost his FB "community" job?
Cretin mentality

Vallejo, CA

#13 Apr 5, 2014
mole wrote:
"During the three-day trial, police Lt. Herman Robinson, former Solano County prosecutor Doug Keener and former Vallejo Mayor Tony Intintoli testified about Pearsall's reputation and work in the community."
Did they give any insight as to why he lost his FB "community" job?
How does the cesspool smell that you call home You and Grissle deserve each other. Two worthless pieces of crap.
Sam Is Everywhere

Vallejo, CA

#14 Apr 5, 2014
Some strong comments at the TH real name blog regarding this guy.
Jim in SF

Vallejo, CA

#15 Apr 5, 2014
Cretin mentality wrote:
<quoted text>
How does the cesspool smell that you call home You and Grissle deserve each other. Two worthless pieces of crap.
You're a disturbed soul. You realize that right?
the oddsmaker

Vallejo, CA

#16 Apr 6, 2014
The only present or former law enforcement person who is a worthless piece of crap is Tony Pearsall and he will pay dearly upon his re trial next month.
sam

Vallejo, CA

#17 Apr 6, 2014
"Pearsall, 68, didn't dispute the evidence that he drove while impaired. Instead, he fought the charges based on his belief that he didn't know -- and wasn't properly warned -- about the medication's intoxicating effects."

incredible. admits to driving impaired. acknowledges using the drug for over a year, and still did not know how it affects him? this guy is one of the grandest liars in the history of vallejo, imo.
Sambo

La Mesa, CA

#18 Apr 6, 2014
sam wrote:
"Pearsall, 68, didn't dispute the evidence that he drove while impaired. Instead, he fought the charges based on his belief that he didn't know -- and wasn't properly warned -- about the medication's intoxicating effects."
incredible. admits to driving impaired. acknowledges using the drug for over a year, and still did not know how it affects him? this guy is one of the grandest liars in the history of vallejo, imo.
No kurshan you are the biggest liar in the history of vallejo.
sam

Vallejo, CA

#19 Apr 6, 2014
marti, is that you?
Sambo

La Mesa, CA

#20 Apr 6, 2014
More delusions coming from the crack fueled Kurshans mind.
sam

Vallejo, CA

#21 Apr 6, 2014
i drove marti out of town, caused schivley to lose twice, and helped drive vib majority off council. that's no delusion, so, just keep watching.

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