Diversion motion for 20-year old Fairfield man
Accused of attempted murder in May, Kendrick T. Rose Jr. returns Nov. 3 for more proceedings in Department 11
A Solano County Superior Court judge will consider a motion for diversion for a 20-year- old man arrested in May for allegedly shooting an 18-year-old multiple times in Fairfield, a crime police investigators believe is gang-related.
Kendrick Tyrone Rose Jr. was scheduled to appear Tuesday for a readiness conference and the setting of a preliminary hearing date in Department 11 in the Justice Center in Fairfield.
However, court records indicate Judge William J. Pendergast rescheduled those proceedings and what appears to be a motion for diversion and ordered the defendant to return at 8:30 a. m. Nov. 3. Rose is defended by San Rafael-based attorney Stephen J. Redner.
In the criminal justice system, a diversion program is a form of sentencing in which the defendant joins a rehabilitation program to correct the behavior and allows the defendant to avoid conviction and, in some counties or states, hides the criminal record.
At a previous hearing, Pendergast denied a defense motion to reduce Rose’s $750,000 bail and to release him on his own recognizance, most likely because of the nature of the allegation.
During a later hearing, Pendergast ordered a psychiatric examination for Rose, in accord with Penal Code section 1026, which governs pleas of not guilty by reason of insanity. The examination results appeared to be the subject of a hearing, which, according to court records, included a motion for unspecified diversion for Rose.
He has pleaded not guilty to an attempted murder charge. Rose remains in Solano County Jail.
It is unclear from court records if Redner requested the motion for diversion.
The shooting occurred May 17 in the 300 block of East Tabor Avenue.
The victim, a resident of Fairfield, was taken to a local hospital after being struck “in the extremities and in the chest” and recuperated there, Fairfield police investigators said.
Rose, from Fairfield and Oakland, was taken into custody after fleeing the scene on foot with the firearm, an assault rifle, Lt. Jausiah Jacobsen said at the time.
“It does appear it is gangrelated,” he told The Reporter, adding that an officer in the area at the time, about 5 p.m., “by sheer coincidence” saw Rose fleeing, apprehended him on suspicion of attempted murder and recovered the firearm.