Man accused of attempted murder, gets further proceedings

Charged in a 2010 case for many years at the intersection of state's mental health and court systems

A 56-year- old Fairfield man, whose attempted murder case has long been at the intersection of the state’s mental health and legal systems, returns to Solano County Superior Court in the coming days.

Stephen Early Scally, whose case has wound through Solano County courts for more than 10 years, was scheduled to appear Wednesday for a held- to- answer arraignment and further pro-ceedings in Department 23 in the Hall of Justice in Fairfield.

Court records did not indicate how Scally, who made his first court appearance five years ago, pleaded at the arraignment, but Judge John B. Ellis rescheduled further proceedings for 8:30 a.m. Oct. 13.

Deputy District Attorney William A insworth leads the prosecution, and the Solano County Public Defender represents Scally.

Scally is accused of shooting into his neighbor’s home on Feb. 18, 2010. Since that time, the case ha s made its way through local courts in fits and star ts — in part because of concerns about his mental competency and now by reduced court operations and public health directives amid the ongoing pandemic.

After a July 3, 2018, court appearance, Scally returned to Ellis’ courtroom for a preliminar y hearing on July 11, when details of the alleged crime emerged.

Scally was arrested at gun point several hours following the shooting after residents in the 300 block of Tulip Street called Fairfield police dispatchers to report that someone was firing a rifle or shotgun at a house. Fairfield police and Solano County Sheriff’s deputies later surrounded the neighborhood, closing off streets and locking down a nearby daycare facility.

The gunman, later identified as Scally, had retreated inside his home. Police, positioned behind an armored Bearcat rescue vehicle, spent more than an hour trying to communicate with him.

Police records indicate Scally eventually emerged from his home unarmed and surrendered to officers without further incident.

No injur ies were reported as a result of the gunfire.

Scally, who has spent time at Atascadero State Hospital in an attempt to restore his mental competency, has pleaded not guilty to charges of attempted murder with use of a firearm, shooting into an occupied dwelling, and possession of a firearm and ammunition by a convicted felon.

At the 2018 preliminary hearing, police investigators and the residents of the Tulip Street home, Edward and Cynthia Kidd, husband and wife, recounted the terror of Scally’s actions on Feb. 18.

After additional proceedings in early 2019, A ins worth said Sc ally was no longer in Solano County Jail custody or in a state hospital but is in some sort of conditional release program in Northern California.

At the time, A insworth said Scally was still deemed incompetent to stand trial, but latest court proceedings appear to indicate that his mental competency has been restored and the case will head to trial.

Also, the Public Defender has asked for a dismissal of the charges. Ellis denied the request.