Pig’s blood vandalism: Sonoma County judge dismisses charges against 1; orders 3 to trial
Charges were dismissed Wednesday against one of four defendants in a vandalism case involving the former home of an ex-Santa Rosa police officer who testified for Derek Chauvin, the disgraced Minneapolis police officer convicted of killing George Floyd.
On the last of a two-day preliminary hearing in Santa Rosa, Sonoma County Superior Court Judge John Behnke ruled the prosecution didn't have enough evidence to charge Christina Henry related to the incidents that occurred on April 17, 2021.
Evidence showed she was with one of the other defendants, Colin Metcalfe, hours before the alleged vandalism but Behnke said there was no proof Henry took part in what happened. She also was barely referenced during the two days of testimony.
Henry's attorney, Scott Emerick, declined to comment following Wednesday's ruling.
Sonoma County Deputy District Attorney Martina Kitzmueller said she respects Behnke's decision and is "satisfied" the other defendants, Kristen Aumoithe, Amber Lucas and Metcalfe were ordered to stand trial.
Though each has previously pleaded not guilty to charges of felony vandalism and conspiracy, they are scheduled to be arraigned again on July 20.
Authorities accuse the trio of carrying out a plan in which they smeared pig's blood on a Santa Rosa home along Country Manor Drive and then doused the "Agraria" hand sculpture in Santa Rosa Plaza in the same substance.
The home used to be the residence of Barry Brodd, who testified at trial on behalf of Chauvin, who was later convicted and sentenced to 21 years in federal prison for killing Floyd.
Viral footage from May 25, 2020 showed Chauvin pressing his knee against Floyd's neck for more than nine minutes even as Floyd gasped that he couldn't breathe.
Chauvin's actions and Floyd's death sparked local, national and international protests against police brutality and increased demands for significant police reform and oversight.
Brodd hasn't lived at the home since March 2020, according to testimony Tuesday from his ex-wife. Identified in court only as Jane Doe, she added that she was in the home when the damage to the property occurred in April 2021.
"This was a very traumatizing case for Jane Doe," Kitzmueller said after Wednesday's hearing. "She had not done anything to deserve this happening to her home and sense of safety."
Investigators said Metcalfe spread the blood on the home while Lucas and Aumoithe drenched the "Agraria."
Attorneys for each defendant submitted motions Wednesday to decrease the charges to misdemeanors, which would allow them to seek diversions, a process to avoid trial and dismiss the offenses in exchange for completion of a court-ordered program.
Behnke, who denied the requests, said he would have approved the motions if they’d only been discussing damage to the "Agraria."
"But we’re not," he said.
Testimony and cross examination during the preliminary hearing mostly revolved around who was most responsible for damaging the Santa Rosa home, prompting the defense to attempt to shift the blame among the defendants.
Investigators said the events of April 17, 2021 were the creations of Lucas and Aumoithe, but their attorneys argued their clients never encouraged anyone to smear the home.
Metcalfe's attorney argued Lucas and Aumoithe initially expressed interest in vandalizing Brodd's home before Metcalfe got involved.
Ultimately, Behnke ruled, "there's evidence Miss Aumoithe and Miss Lucas are principal to the event."
Following Wednesday's hearing, Lucas’ attorney, Omar Figueroa, stressed that his client never planned to vandalize the home.
"She's empathetic to Jane Doe, that she's living in terror and has to sleep with a gun," he said.
You can reach Staff Writer Colin Atagi at [email protected]. On Twitter @colin_atagi