The following is a press release issued by the Mendocino County District Attorney’s Office:
A Mendocino County Superior Court jury returned from its deliberations Thursday morning to announce it was hopelessly deadlocked on whether the trial defendant had been driving his truck in the Willits area while under the influence of marijuana and methamphetamine, a declaration that caused a mistrial.
Defendant Nicholas Kent Tow, age 36, of Willits and Ukiah, had been charged with three crimes — transporting black market marijuana for the purpose of sales, driving a motor vehicle while under the influence of one or more drugs, and driving a motor vehicle without a valid driver’s license, all as misdemeanors.
However, unbeknownst to the jurors, the defendant entered no contest pleas to two of the three charges — transporting marijuana for purposes of unlawful sales and driving a motor vehicle without a valid driver’s license – the day before the jury was empaneled.
The defense strategy behind these admissions was to keep the jury from hearing – and the prosecution from presenting – certain evidence discovered by law enforcement during the CHP’s on-scene investigation.
Sentencing on the two admitted charges is being held in abeyance pending resolution of the unresolved DUI charge.
After the “hung” jury was excused, it was further determined by the trial judge that the defendant was in violation of the terms in an earlier judicial diversion case in which defendant Tow is charged with stealing from Home Depot and driving a motor vehicle on a suspended license with a prior conviction.
The DUI charge and the now-reinvigorated theft/suspended license case will both be back in court on April 10th for setting the retrial of the DUI charge before a new jury and for setting the petty theft/suspended driver’s license case for a separate trial.
The law enforcement agencies that provided personnel to testify at this week’s DUI trial were the California Highway Patrol and the Department of Justice toxicology laboratory in Sacramento.
The prosecutor who presented the People’s evidence at trial was District Attorney David Eyster.
Retired Mendocino County Superior Court Judge John Behnke, sitting on assignment by the Judicial Council, presided over the three-day trial.
DAVIS EYSTER IS THE WORST.
The jury is usually kept in the dark about things they shouldn’t be!! It’s how many criminals end up back on the street. Waving or motioning away pertinent evidence isn’t how justice prevails and it is the reason people hate the court system because it has very little to do with what is right!!!
Glad the jury deadlocked. Protecting someone from themself and protecting innocent people on the roads, is way to hard for police to do, if the process excludes the entire truth.