The Mercury News

Officer ridicules plea deal in hearing as too lenient

- By Will McCarthy wmccarthy@bayareanew­sgroup.com

DUBLIN >> In a series of cutting comments at a sentencing hearing Friday, San Leandro police Sgt. Steve Cesaretti accused the Alameda County's District Attorney's Office of offering irresponsi­bly lenient plea bargains, refusing to punish violent crime and failing to follow California's Victims' Bill of Rights.

“The priority that should be given to victims of violent crime by this DA's Office is now being given to violent criminals,” Cesaretti said at the hearing.

His comments may be the opening salvo of what could be a contentiou­s relationsh­ip between a progressiv­e new regime at the Alameda County District Attorney's Office and East Bay police department­s.

The hearing at the Superior Court of Alameda County's East County Hall of Justice in Dublin was set to consider whether or not the court should accept a plea deal offered to Luracious Wilkerson, a man charged with eight counts of attempted murder for allegedly firing a gun at officers who were responding to reports of looting at San Leandro's Bayfair Mall in 2020. The deal would put Wilkerson behind bars for 16 years, far less than the 100-plus years he could have served had he been convicted at trial.

Cesaretti, speaking as a victim of the shooting, claimed that the DA's Office violated victims' rights laws by failing to contact his department until after the deal was offered and accepted. He said that multiple officers suffered “stress injuries” from the shooting and were unable to return to work. He also said that some officers retired after the shooting. On that basis, Cesaretti asked the judge to reject the plea deal.

“To put it in simple math, Mr. Wilkerson will be serving one-eighth of the sentence he should be serving,” Cesaretti said.

District Attorney Pamela Price, who was elected in 2022, campaigned on a progressiv­e platform to hold police accountabl­e for misconduct and restore public trust in the justice system. In January, Price placed several seasoned prosecutor­s on administra­tive leave and fired two top inspectors. She also has reopened investigat­ions into a series of controvers­ial police killings.

But in recent weeks, Price's office has faced criticism from former prosecutor­s and victims' family members for two other high- profile decisions involving alleged violent offenders — including offering a plea deal carrying a 15-year sentence to a man accused of three murders.

Cesaretti said there is a deep distrust of Price's priorities within law enforcemen­t.

“With the recent regime change in the DA's Office, we all anticipate unreasonab­le plea offers being given to violent criminals,” Cesaretti said.

A spokespers­on for Price's office said she had no comment about Friday's hearing.

Wilkerson's lawyer, Michael Cardoza, said the plea deal offered to his client was warranted because the case was based on circumstan­tial evidence, and no one was seriously injured in the shooting.

“There is no direct evidence that my victim committed this crime,” Cardoza said. “We are standing here accepting what was offered to us in good faith.”

Ultimately, no decision was made on the plea deal; another hearing is scheduled to take place in two weeks. Wilkerson is currently being held without bail at the Santa Rita Jail in Dublin.

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