The Chino City Council formally called for the resignation of San Bernardino Superior Judge Cara Hutson at their meeting Feb. 7.
The council blames Hutson for the death of Riverside Sheriff’s Deputy Isaiah Cordero. The shooter, William Shae McKay, was out on bail and awaiting sentencing after being convicted in Hutson’s courtroom.
San Bernardino Superior Court is ethically prohibited from commenting on specific cases.
“The court does not have a position on the council’s action taken last Tuesday. However, neither the presiding judge nor any other judge has authority to review, alter, or modify rulings or decisions of another judicial officer,” wrote Julie Van Hook, San Bernardino Superior Court Communications and Public Affairs Officer.
A professional attorney organization has released a letter calling the attacks against Hutson misleading and misrepresentative.
“The fact is the Trial Judge, who has been the target of so much public criticism, never allowed William McKay to be released other than setting bail at $500,000 after his convictions. The judge’s handling was legal and within guidelines,” wrote Steven Geeting, president of the San Bernardino/Riverside Chapter of the American Board of Trial Advocates.
Geeting has not yet responded to a request for comment about the Chino City Council action.
The Chino City Council unanimously voted to send a letter to San Bernardino Superior Court Presiding Judge Glenn Yabuno requesting he either transfer Hutson out of the criminal courtroom or call for her resignation.
The letter said Hutson should have placed McKay directly into custody after he was convicted of his third strike for imprisonment and torture. Instead, she granted him bail.
“Judge Hutson knew that this criminal would be facing a sentence of twenty-five years to life for his third strike, giving him no reason to return to court for sentencing and every incentive to resist arrest,” the letter said.
The city also sent a letter to Sen. Susan Rubio (D-West Covina) and Assemblymember Freddie Rodriguez (D-Pomona). That letter partially blamed legislation such as Assembly Bill 109, 2014’s Proposition 47 and 2016’s Proposition 57. The state has become passive, apathetic and shortsighted against crime, the letter said.
McKay already had two strikes when he was placed in Hutson’s courtroom.
On Jan. 12, 1999, he was charged with assaulting a peace officer with a firearm, participation in a street gang, driving under the influence and assaulting with a firearm. He was convicted of assaulting a person with a firearm, and sentenced to three years in state prison, according to a document by the District Attorney’s Office. The other charges were either stricken or dismissed.
He was also convicted of first degree robbery, and sentenced to 13 years in state prison.
Hutson oversaw a trial against McKay after prosecutors alleged he threatened, duct-taped and punched a woman who was dog-sitting his house when it was burglarized.
He took her purse, credit cards, keys and cell phone, and forced her to do manual labor in his backyard, a brief published by the District Attorney’s Office says. He did this with the help of his two housemates, and hit her when she tried to alert the neighbors. She escaped within a week. McKay and one housemate were stopped by police for driving a stolen vehicle two days later, on March 29, 2021. They evaded the police for 20 miles, and stabbed a police dog during the following foot chase.
McKay was found guilty of false imprisonment, evading a peace officer, criminal threats and receiving stolen property after a trial Nov. 8, 2021. He was found not guilty as to the kidnapping to commit robbery/rape and the kidnapping charge.
Because he was not found guilty of the higher charges, bail was reduced from $950,000 to $500,000.
Sentencing was set for Dec. 9, 2021, but was delayed multiple times. Sentencing was originally delayed to Jan. 5, 2022, so that a complete pre-sentence report could be provided. According to the minute order for Dec. 9, 2021, the report needed an interview with McKay and receipt of the District Attorney’s file.
On Dec. 15, the hearing was moved to Dec. 17, 2021. The minute order for Dec. 17 shows that there was a motion to remove McKay’s prior strikes. Both the motion and sentencing were scheduled for Jan. 14, 2022. The minute order for Jan. 14, 2022 moved both the motion and sentencing to Jan. 28, 2022.
McKay made a motion to remove his court-appointed attorney for providing ineffective counsel. At the time, McKay was represented by a conflict panel. A conflict panel is a group of private attorneys that represents defendants when the Office of the Public Defender has a conflict of interest.
The motion further delayed sentencing. A hearing to consider that motion was set for Feb. 1, 2022, and continued on that date to Feb. 3, 2022, then to Feb. 10, 2022 and then to Feb. 23, 2022.
The court granted McKay the ability to change his counsel Feb. 23, 2022. Sentencing was set for April 20, 2022, then to July 20, 2022.
McKay made bail March 23, the court shows.
McKay then made a motion for a new trial. Sentencing was again delayed while the motion was considered. A hearing for the motion was held Oct. 21.
San Bernardino Superior Judge Dan Detienne oversaw the hearing instead of Hutson, who was away at the time.
McKay was not present, and Detienne found that McKay had forfeited bail. A warrant for McKay’s arrest was issued, according to the letter by Geeting of the American Board of Trial Advocates.
McKay shot Cordero during a traffic stop Dec. 29. McKay was then shot and killed by other deputies.
Case No. FWV21002096
Read the letter to the court here.
Read the letter to the state representatives here.
