Judge denies motion to change venue of DUI hit-and-run trial
Sutter County Superior Court Judge Laura Davis denied a motion to change the venue of the jury trial of a Chico man charged with driving under the influence and hit-and-run that seriously injured a California Highway Patrol officer.
On Oct. 19, 2019, Nelson was allegedly driving drunk and hit officer David Gordon with his vehicle while Gordon directed traffic on Highway 99 at Lomo Crossing. Gordon suffered breaks to his legs, pelvis, face, jaw and shoulder blades. After four months at UC Davis Medical Center, Gordon was released in February 2020.
Nelson has been out of custody since posting bail on Oct. 21, 2019.
Nelson’s attorney Donald
Bartell filed the change of venue motion. On Thursday, Davis heard arguments about the motion and opposition from the Sutter County District Attorney’s Office. Bartell cited other cases where a change of venue was granted. He included in his motion media articles about the case and said a community fundraiser in support of Gordon and his family were reasons why Nelson would not get a fair and impartial jury in Sutter County.
Deputy District Attorney Diego Heimlich said the articles Bartell included were not from local news outlets and that the facts of the case would make jurors sympathetic to the victim no matter where the trial took place. In addition, he said no survey evidence was presented to show that the community is widely aware of the case.
“There is not enough at this point to grant the motion,” Heimlich said.
Davis said the nature and gravity of the case was a neutral factor in moving the trial. She said the publicity of the case was neutral to slightly in favor of moving the trial but said the articles submitted by the defense were not sensational.
She said she had no evidence that anyone in the community saw the articles. For the final two factors she considered, Davis said Nelson has no status in the community and the prominence of the victim has to do with him being a CHP officer and not a private citizen.
Davis denied the motion and asked both sides if a resolution was likely in the case. Bartell said he is anxious to resolve the case but that he has not received a new offer from the district attorney’s office. Heimlich said Nelson would have to plead straight up, meaning the sentence would be determined by the judge and not a negotiated agreement between the two sides.
Bartell said he would like a negotiated plea.
Both sides told Davis they are prepared to proceed with a trial scheduled to begin on Feb. 23. Heimlich estimated that the trial will take two weeks to complete. Prior to trial, a trial readiness conference will take place on Feb. 19 at 9 a.m.