WOODLAND — A former Woodland CHP officer won’t be retried on a misdemeanor domestic violence charge.
“Our office does not see that it is appropriate to go forward any further,” Yolo County Deputy District Attorney Deanna Hays said at a court hearing Friday for Armando Ortega, who was acquitted of felony domestic charges earlier in the week.
The jury hung 9-3 on a misdemeanor spousal battery charge, though whether they leaned toward guilt or acquittal is unknown.
Hays said in court that the case was one that “the community should hear, and our office should pursue” because of Ortega’s former law enforcement status. But the alleged victim, Ortega’s wife, and two of their children refused to testify when called as prosecution witnesses.
The couple’s adult son, who witnessed the Aug. 28, 2014, altercation, initially told police his father grabbed his mother around the throat and pushed her onto a table, causing her to fall to the floor. Ortega, testifying in his own defense, said his wife may have caused her own injuries, and their son lied at his mother’s request.
At Hays’ request, Judge Janene Beronio dismissed the remaining charge Friday and ordered Ortega free to leave.
“I was honored to stand next to Mr. Ortega and I’m just glad that justice was done for him,” defense attorney Erica Graves said.
Meanwhile, the District Attorney’s Office does plan to seek a third trial for a former UC Davis student accused of sexually assaulting an intoxicated, unconscious fellow student nearly four years ago.
Proceedings for Lang Her, 26, are scheduled to begin May 31.
Two juries have deadlocked in the case — one 8-4 in favor of acquittal at Her’s first trial in May 2015, the second voting 10-2 for guilt in February. Both resulted in mistrials.
The alleged victim has testified that she awoke on the morning of July 10, 2012, to discover Her having intercourse with her after she became intoxicated and fell asleep during a party at his Davis apartment.
Her denied the allegations, saying at first that nothing happened, but later claiming the act was consensual after his DNA was discovered on the alleged victim following a sexual assault exam.
— Reach Lauren Keene at lkeene@davisenterprise.net or 530-747-8048. Follow her on Twitter at @laurenkeene