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Yolo judge denies prison inmate’s compassionate release bid

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WOODLAND — A prison inmate’s bid for compassionate release was rejected Tuesday after the Yolo Superior Court judge who presided over the Woodland man’s homicide trial deemed him a continued threat to public safety.

Jeffrey Lemus, 57, is about a year into a seven-year sentence for the Dec. 5, 2015, fatal stabbing of Kelly Mason Choate, with whom Lemus had a long-standing rivalry.

The California Department of Corrections and Rehabilitation recommended Lemus’ release earlier this fall, saying his advanced cirrhosis and liver cancer, minimal criminal history and good behavior while in prison satisfied the compassionate-release requirements of having less than six months to live and posing no risk to the public.

Choate’s family and the Yolo County District Attorney’s Office opposed the petition, citing not only the violent nature of his crime but also the estimations regarding his life expectancy.

A decision was delayed several times while attorneys attempted to gather additional details about Lemus’ condition to determine whether his death is in fact imminent.

By Tuesday, Judge David Reed declared himself ready to rule, saying that while Lemus indeed may be terminally ill, his conduct in the case remained a concern — including his possession of the oversized knife he used to fatally stab Choate, 53, inside a Woodland bar.

“There was no evidence offered of any legitimate purpose or reason for having that knife,” Reed said, noting that Lemus was not expecting to see Choate at the bar that night.

Reed added that it was Lemus who appeared to provoke the confrontation inside the bar, and that while Choate wore a fishing knife on his belt that night, he was not wielding it when Lemus stabbed him.

Lemus, however, claimed he acted in self-defense, and a jury convicted him of voluntary manslaughter after rejecting more serious charges of first- and second-degree murder.

“Happy day,” Heidi Kramer, Choate’s sister, said as she and two relatives left the courthouse after Reed’s decision. “The judge did the right thing.”

“I’m disappointed,” said Lemus’ public defender, Ron Johnson, who had sought to delay a ruling for several more weeks until he could meet with Lemus’ treating oncologist. He said Lemus could renew his petition through the CDCR at a later date.

Lemus remains is housd at the California Health Care Facility in Stockton. His earliest possible parole date is Aug. 18, 2021.

— Reach Lauren Keene at lkeene@davisenterprise.net or 530-747-8048. Follow her on Twitter at @laurenkeene


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