Fairfield man, 55, at the intersection of state’s mental health, legal systems
Stephen E. Scally faces an arraignment and further proceedings in September
A Fairfield man accused of attempted murder whose case, at the intersection of the state’s massive mental health and legal systems, has wound through Solano County courts for more than 10 years, was scheduled to appear Friday for more proceedings but the judge again rescheduled them.
Stephen Earl Scally, 55, who made his first court appearance five years ago, will return to Judge John B. Ellis’ courtroom, in the Hall of Justice in Fairfield at 8:30 a.m. Sept. 30 for a held-to-answer arraignment and further proceedings, court records indicate.
Deputy District Attorney William Ainsworth leads the prosecution, and the Public Defender represents Scally.
Scally is accused of shooting into his neighbor’s home on Feb. 18, 2010. Since that time, the case has made its way through local courts in fits and starts — 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 preliminary hearing on July 11, when details of the alleged crime emerged.
Scally was arrested at gunpoint 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 injuries 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, Ainsworth said Scally 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.
He said Scally is still deemed incompetent to stand trial, and Ainsworth said the Public Defender asked for a dismissal of the charges. Ellis denied the request.