The man accused of trying to shoot a Gilroy police officer in
the face could avoid prison and instead spend a maximum of three
years in a state hospital if ruled unfit to stand trial, according
to lawyers and court documents.
The man accused of trying to shoot a Gilroy police officer in the face could avoid prison and instead spend a maximum of three years in a state hospital if ruled unfit to stand trial, according to lawyers and court documents.
Santa Clara County Superior Court Judge David Cena ruled last month that there was enough evidence to warrant a trial for Pete Joseph Valdez III for the attempted murder of a Gilroy police officer in November 2007. Because he was concerned about Valdez III’s mental health, the judge appointed a doctor last month to see if the defendant should stand trial.
Though the doctor’s findings are private due to doctor-patient confidentiality, the Santa Clara County District Attorney’s Office asked for a second doctor’s review June 1. Typically, the district attorney’s office does not ask for a second opinion unless the first doctor’s review would prevent a defendant from standing trial, District Attorney Spokesperson Amy Cornell said.
If Valdez is deemed unfit for trial, the court will place him in a state hospital for a maximum of three years, Cornell said. At the end of three years, or if a mental health doctor discharges Valdez prior to that, the defendant will have a hearing to see if he should face charges again.
“If it comes to that, the hospital doctor will help make the determination as to whether Valdez is fit to stand trial, at which point he could face charges again,” Cornell said, adding that the DA’s office never drops charges even if Valdez actually avoids trial due to his mental health.
Valdez has been denied bail and faces charges of attempted murder and three other felonies, which could land him in prison for the rest of his life. He also has 10 prior convictions.
If the court finds Valdez fit for trial – now or after spending time in a state hospital – the matter will return to the South Santa Clara County Courthouse in Morgan Hill, Cornell said. However, if after spending the allotted time in a state hospital, Valdez is still ruled unfit to stand trial, Cornell said it is possible he will not face any charges.
That concerns Gilroy Police Chief Denise Turner.
“We take this matter very seriously. We believe that Mr. Valdez intended to kill Officer Ballard and may have succeeded if his loaded gun had not failed to function properly,” Turner wrote in an e-mail Monday. “We fully support the District Attorney’s efforts to prosecute Mr. Valdez for attempted murder of a police officer.”
Cena will consider the second doctor’s report 1:30 p.m. June 24 in Department 24 of the Santa Clara County Superior Courthouse in downtown San Jose. After reviewing that report, the district attorney or Valdez’ private defense attorney, Berndt Ingo Brauer, could ask for one final review.
The court only allows three physician reviews total, Cornell said. Brauer, who did not return multiple messages, would not comment when reached in person.
During previous court appearances – which another judge denied permission to photograph – Valdez sniffled and moaned, occasionally looking up with a reddened face to make eye contact with his father, former 16-year Gilroy Councilman Pete Valdez Jr.
After his arrest in November 2007, Valdez III told police he hoped an officer would shoot him, according to court documents.
“I wanted to die,” Valdez III told Officer Jose Barrera, according to a police transcript.
Early the morning of Nov. 15, 2007, Gilroy Officer John Ballard noticed Valdez III bicycling without a headlight, according to court documents. Drawings and expert testimonials during the preliminary examination showed Ballard tried to stop Valdez III before Valdez III took off on his bike. Valdez III ditched the bike a few blocks later, at which point a brief foot chase ensued. Ballard caught up with Valdez III and tackled the suspect in a dark dirt lot near the intersection of Eighth and Church streets.
The two men struggled for a few moments before Valdez III produced a .25-caliber semiautomatic handgun loaded with seven hollow-point bullets, according to court documents.
With his face in the dirt and Ballard – a 12-year officer – on top trying to restrain him, Valdez III pointed the gun at Ballard’s head and pulled the trigger multiple times, according to court documents. But the gun malfunctioned because two bullets clogged the chamber.
Eventually Ballard and a back-up officer cuffed Valdez III with the help of an electronic stun gun and several blows to the head, officers said.
The prosecution argued that Valdez III was attempting to kill Officer Ballard while the defense has argued that he was attempting to shoot Ballard only to provoke him into shooting and killing Valdez.
Ballard and his back-up officer told the court they did not pull their own guns because they were focused on getting rid of Valdez III’s firearm and saving Ballard’s life.
