No bail for man suspected of shooting at Lodi officer
STOCKTON — The San Joaquin County District Attorney’s Office said the man accused of opening fire on a Lodi Police Department officer last week is a danger to the community, and asked a judge to not grant him bail.
Marco Kimo Aquino, 37, of Scotts Valley, made his first appearance in San Joaquin County Superior Court on Wednesday, exactly one week after he was arrested on suspicion of attempted murder of a police officer.
Clothed in an orange jumpsuit standard of inmates at San Joaquin County Jail, Aquino was allowed to remain seated as Judge Ronald Northup addressed him and asked if he understood the charges.
Aquino answered that he did, and attempted to explain his employment situation, at one point asking Northup if he could approach the bench.
Public defender Chrishna Martinez was appointed to represent Aquino, who is also charged with possession of an assault rifle, using a firearm in commission of a felony, and unlawful discharge of a firearm.
Northup initially imposed a $1.5 million bail against Aquino, but prosecuting attorney Beth De Jong asked for no bail, stating Aquino has contacts in Hawaii, Florida, the United States military and Scotts Valley.
On Nov. 5, a Lodi officer responded to the report of shots being fired in the 900 block of Industrial Way at about 5 a.m.
The officer encountered a man later identified as Aquino, and gunfire was exchanged. The officer was not harmed, but Aquino was struck several times. He was taken to an area hospital for treatment of his wounds.
De Jong told Northup on Wednesday that Aquino immediately began firing above, below and around the officer in “an area of concealment.”
During the investigation currently being conducted by Lodi
Police Department, the San Joaquin County District Attorney’s Office and the California Department of Justice, De Jong said it was determined that Aquino was in possession of an assault rifle.
De Jong added that Aquino has a prior conviction for weapons charges, but did specify in what county or state. According to San Joaquin County court records, Aquino has only been involved in family law and traffic court cases prior to this appearance.
“New information has come forward that he is in possession of other assault weapons,” De Jong explained. “He poses a risk to our community and to law enforcement, and he is a flight risk as he does not have a local residence here.”
Martinez argued that no bail would only typically be imposed against those charged with murder, not attempted murder, and asked Northup to reconsider.
“All defendants are entitled to bail,” she said. “If you look at the bail schedule, it sets attempted murder at $2 million. I would ask that you set bail accordingly to the recommended put together by a group of people here in San Joaquin County that are familiar with the law.”
Northup said he would reconsider setting bail for Aquino, but at a later hearing.
“I have the bail schedule here in front of me and it does not specify that bail for attempted murder is different form that of murder,” he said. “Based on the safety concerns presented, I will not set (bail) at this time.”
Aquino will appear before Northup in Dept. 8B on Dec. 2 at 8:30 a.m. for further arraignment.
A woman identifying herself as Aquino’s mother to a San Joaquin County Sheriff’s deputy outside Dept. 8B prior to his appearance declined to comment until she spoke with an attorney.