Sacto 9-1-1: Placer DA won't retry Sacramento cop in DUI

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June 5, 2009

Placer DA won't retry Sacramento cop in DUI

From Sarah Frier:

A Sacramento County Sheriff's sergeant will not face another trial for misdemeanor charges of driving under the influence of alcohol, Placer District Attorneys said.

Christopher Dayton Guerrero's first trial ended in a hung jury last month when a Placer County Superior Court jury couldn't agree on counts of DUI and DUI with a blood alcohol level of .08 percent or higher, causing Judge Joseph O'Flaherty to declare a mistrial, a Placer County District Attorney's office news release states.

"Based on the jury's split and on the comments made to us by jurors after the trial, it appears unlikely that the outcome would be any different with another jury in a second trial," said Deputy District Attorney Kyle Jibson, who prosecuted the case.

In the morning on Oct. 4, 2007, Guerrero was stopped by a Roseville police officer on suspicion of DUI. The officer said Guerrero failed field sobriety test and blew a blood alcohol level of .16 percent.

The officer allowed Guerrero to get a ride home without arresting or citing him, the news release states.

Roseville police investigated the incident several days later, after a local TV station reported it, and the District Attorney's office filed DUI charges, the news release states.

Last month, the trial jury was split 8-4 in favor of a not guilty verdict for the DUI charge and 7-5 in favor of a not guilty verdict for DUI with a blood alcohol level of .08 or higher.

"Some of the jurors felt that the officers who were in on the traffic stop should have written their reports immediately after the incident instead of having to rely on their memories several days later," Supervising Deputy District Attorney Ted Peterson said.

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Q: What happened with the case regarding Marc McCormick? He was accused of videotaping a woman in her home and was arrested. He lives in my neighborhood and I see him all the time. Were charges dropped?

A: According to Sacramento Superior Court online records, misdemeanor charges have been filed against Mark William McCormick, alleging that he used a camcorder or other instrument to view an individual in a place where there was an expectation of privacy, trespassing and peeping.

His next court date is June 4.

According to Sacramento police logs, McCormick, 40, was arrested March 8 after the victim reported that a friend had entered her home without her knowledge to secretly videotape her.

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