Charles Rolen pleaded no contest to stabbing his neighbor in the
neck with a knife, and will spend a year in jail.
Charles Rolen pleaded no contest to stabbing his neighbor in the neck with a knife, and will spend a year in jail.
Rolen, 30, was arrested Aug. 5, 2009, when he stabbed Ernest Andrews at Villa Ciolino Apartments. The stabbing followed a verbal argument that was fueled by alcohol, police said. The disagreement turned into a physical fight between Rolen and his downstairs neighbor, who were acquainted with each other on friendlier terms prior to the altercation.
Also involved was Rolen’s cousin Michael Rolen, who helped hide Charles’ bloody clothes before police arrived to the scene of the stabbing, which occurred about 10:15 p.m.
The Santa Clara County District Attorney’s Office initially charged Charles Rolen with attempted murder, but negotiated a settlement for the lesser assault plea, according to spokeswoman Amy Cornell.
“After we reviewed the medical records and the condition of the victim, it was apparent the victim was assaulted,” Cornell said. “But in light of the nature of his injuries coupled with the blood alcohol level of the victim, it would not be possible to prove beyond a reasonable doubt that the defendant attempted to murder the victim.”
After he was stabbed, the victim walked from the apartment complex to the Dollar Tree store at 16975 Monterey Road. Police received a call from a witness at the shopping center who saw Andrews, 49, holding a bloody cloth to his neck.
Andrews was transported to San Jose Regional Hospital and treated for his non-life threatening injuries. Police said his wounds included a one-inch deep cut on his neck, near the Adam’s apple. No main arteries were cut.
During the investigation, police learned that when Rolen returned to his apartment upstairs from Andrews, he ran into his cousin who offered to dispose of his bloody clothes. After an interview with police, Michael Rolen showed them where he hid the evidence.
Charles Rolen will be formally sentenced March 8, Cornell said. He has already agreed to spend one year in Santa Clara County Jail, plus an unspecified period on probation. If he violates probation, he could receive the maximum sentence for the assault charge, which is four years in prison.
Michael Rolen pleaded no contest to a misdemeanor charge of being an accessory to the crime in September 2009. In October, he started a six-month sentence in county jail.
He will also spend three years on probation, and has been ordered to pay an unspecified amount of fines and fees, and to complete substance abuse treatment classes.
