SAN FRANCISCO — San Francisco Superior Court Judge A. Marisa Chun oversaw a preliminary hearing on Tuesday concerning a two-year-old case that originated from a police dispatch regarding a homeless encampment obstructing a sidewalk.
The case revolves around an individual charged with concealing a firearm and possessing a controlled substance, though defense attorney Jeremy Blank argued that there was insufficient evidence regarding the identity of the drug involved, as well as the claim that the firearm was concealed.
The charges against the accused include possessing a firearm and controlled substances, carrying a loaded firearm, and carrying a concealed firearm.
Deputy District Attorney Albert Ujcic called San Francisco Police Officer Nikolai Ballard to testify. Officer Ballard recounted that on Oct. 6, 2023, he and his partner received a call about an encampment obstructing the sidewalk near Haight and Lyon streets.
Concerns about Ballard’s credibility emerged when he hesitated to identify the accused in the courtroom, stating, “It has been a while” before reviewing his body-worn camera footage to confirm the identity.
Ballard explained that after addressing an unhoused individual about staying off the sidewalk, he noticed someone lying on the sidewalk with a firearm visibly protruding from their waistband.
He indicated that he identified himself as a police officer in an effort to engage the individual but was unable to make contact and subsequently called for backup to help secure the firearm.
During his testimony, Ballard suggested that the accused may have been under the influence of a controlled substance; however, Blank objected, arguing that the assertion was speculative.
Additional officers arrived at the scene, and Ballard testified that he took possession of the firearm and searched a small bag found nearby, which contained a scale, baggies, a magazine, and a barrel.
When questioned about the firearm being loaded, Ballard first stated he could not remember before referencing his report to confirm that it was, describing it as a Glock-style weapon without a serial number, thereby making it untraceable.
Ballard further discussed his narcotics experience, revealing that he had made several arrests and completed 40 hours of training. However, he conceded that he had seen methamphetamine fewer than ten times and had never handled the substance, prompting questions about his expertise in the matter.
During cross-examination, Blank sought clarity on the specifics surrounding how the accused was lying and about the holster used for the firearm.
Ballard described a black nylon holster located on the front of the waistband and noted that the firearm was categorized as 80% complete due to its missing serial number.
Following Ballard’s testimony, Blank contested several of the charges against the accused. He referenced CALCRIM No. 2520, which states that a firearm must have a barrel length of at least 16 inches for certain classifications, yet no evidence regarding this measurement had been presented.
Additionally, Blank argued that since the firearm was carried in a holster within the waistband, it should not be classified as concealed under California Penal Code § 25400(b), which specifies that a gun openly carried in a belt holster is considered not concealed.
Blank also challenged the charge of possessing a controlled substance, highlighting Ballard’s limited experience with methamphetamine and the lack of definitive evidence identifying the substance within the bag.
The court adjourned without making a ruling on whether the case would move forward to trial.
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