Held-to-answer arraignment reset again for parolee, 35, accused of attempted murder
After a preliminary hearing last year, a 35-year-old parolee will face yet another rescheduled held-to-answer arraignment on charges of stabbing an elderly man in 2018 in a Fairfield fast-food restaurant.
Court records show that Dale James Chordorowski, who appeared Wednesday in Solano County Superior Court, will return to Judge William J. Pendergast's courtroom at 8:30 a.m. June 29 in the Justice Center in Fairfield.
After the 2021 hearing, Pendergast declared there was enough evidence to hold the defendant for trial.
During an Aug. 31 court appearance, Chordorowski's attorney from the Solano County Public Defender's Office filed a Romero motion with the court. It is a motion by a defense attorney to remove a prior strike conviction from consideration during sentencing. If a judge grants the motion, it can significantly reduce the length of a state prison sentence, if a defendant is convicted.
During a previous court appearance, Chordorowski also faced a restoration-of-mental-competency hearing in connection with an attempted murder charge for stabbing the man, who was 80 at the time of the attack.
Pendergast in 2020 made a decision about the defendant's competency, ordering Chordorowski to return for subsequently scheduled proceedings.
The defendant is accused of knifing the victim while the man was having lunch with his wife on Sept. 19, 2018, at the Burger King in the 2400 block of North Texas Street. He was jailed without bail on suspicion of attempted murder and violating terms of his parole.
Court records show Pendergast on May 6, 2019, referred Chordorowski to MHM Services, a contract provider of health services to government agencies, with a secure facility in Vallejo, for evaluation after the defendant was deemed to be incompetent.
However, during proceedings more than two years ago, Pendergast ordered Chordorowski committed to the Department of State Hospitals for a maximum term of two years; and, on June 5, 2019, the judge signed an order sending Chordorowski to one of five state hospitals for treatment.
Some six weeks later, on July 22, Chordorowski was placed in a jail-based competency treatment program, according to court records.
On Aug. 15, he was referred to a state hospital and, on Aug. 28, Pendergast received notice of his admission to Patton State Hospital in San Bernardino.
Under state law, specifically Penal Code section 1368, a defendant who is considered unable to help in his or her defense or understand court proceedings cannot be tried. However, once they are deemed competent, criminal charges can be reinstated and the defendant can be scheduled to face more court proceedings, including a jury trial.
On Oct. 10, the court received Chordorowski's restoration-to-mental-competency report from the Patton facility.
Chordorowski's defense attorney at the time, Deputy Public Defender Courtney L. Oxsen, had previously expressed doubts about her client's mental competency, and the judge agreed to set a hearing for a doctor's report. The defendant is still being represented by the Solano County Public Defender.
Should Chordorowski be found guilty of firstdegree attempted murder at trial, he faces a maximum life sentence in prison with the possibility of parole but may face more time for the parole violation, use of a deadly weapon, and the previous conviction.