Marysville Appeal-Democrat

Man convicted of attempted murder returns to court

A considerat­ion of resentenci­ng is on the agenda for Friday

- By Rachel Rosenbaum rrosenbaum@appealdemo­crat.com

A Yuba City man convicted in 2011 for attempted murder will be in Sutter County Superior Court Friday for considerat­ion of resentenci­ng – an action made possible by a California law passed last fall. Martin Galindo, 71, was transporte­d Tuesday to Sutter County Jail from Solano State Prison.

He was sentenced to 17 years in prison for the Jan. 31, 2011, shooting of a Yuba City man behind the former Palisade Hotel (now Travelodge) on Gray Avenue during a drunken argument over $20. Galindo had left the scene, then returned, casually eating fried chicken from

a paper bag, and admitted to shooting the man. He registered a blood-alcohol level of .22, according to Appeal-democrat archives.

The victim testified that he believed he died twice after he was shot: once when he had to be given CPR after his vital signs started failing when taken to a local hospital; and again from cardiac arrest the day he woke up from a coma, according to archives. Surgeons had to remove the man’s colon and a part of his intestines.

In April, Galindo filed a petition for reconsider­ation of his sentence under Assembly Bill 865.

The bill signed into law by former Gov. Jerry Brown last September authorizes U.S. military veterans convicted of a felony prior to Jan. 1, 2015, and who may be suffering from a number of conditions, to sentence reconsider­ation under specific conditions.

Those conditions, as a result of military service, may include sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse or mental health problems. Existing law, effective Jan. 1, 2015, requires the court to consider these circumstan­ces in mitigation when sentencing, according to the bill’s text.

In May, the Sutter County District Attorney’s Office filed a response to Galindo’s request, agreeing that he had met the requiremen­ts for considerat­ion, but opposing a reduction in sentence.

Galindo is a Vietnam veteran who served in the U.S. Marine Corps from 1966 to 1978, according to his petition.

In 2007, Veterans Affairs evaluated his Post Traumatic Stress Disorder at a 50 percent disability with moderate psychiatri­c symptoms.

He reported having problems with anger, hyper-vigilance, exaggerate­d startle response, avoidance, and daily intrusive thoughts about his Vietnam War experience, according to the petition.

On June 10, Galindo filed a motion for a new attorney with a request for an evidentiar­y hearing. Galindo alleged that his attorney, Norman Hansen of Yuba City, would not follow up with adequate communicat­ion in his case. On June 14, the request for a hearing was approved and Judge Susan Green ordered he be transporte­d to Sutter County Jail.

His petition and motion for a new attorney will both be heard in a hearing Friday morning.

Galindo was arrested and tried in 2009 in another incident involving a gun.

He had refused to come out of his Shasta Street home after being suspected of firing a handgun in his backyard.

The incident ended about two hours after the Yuba City Police Department SWAT team arrived. Jurors found that Galindo had fired in self-defense, but convicted him of obstructio­n and violating probation, according to Appeal-democrat archives.

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 ??  ?? Martin Galindo
Martin Galindo
 ?? Appealdemo­crat/file ?? Davis police officer Natalie Corona in October 2016.
Appealdemo­crat/file Davis police officer Natalie Corona in October 2016.
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