Mistrial declared after jury deadlocks in resisting arrest case
Jan 23, 2025
BAKERSFIELD, Calif. (KGET) -- A Kern County jury deadlocked in the case of a man accused of ignoring deputies' commands and refusing to walk to a patrol vehicle when they detained him on suspicion of having a concealed gun.
A mistrial was declared after the jury hung Wednesday in the case of Erroll Joe Cayald, who faced up to a year in jail if convicted of resisting arrest, according to a release from the Kern County Public Defender's Office.
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The next hearing in the case is scheduled Monday.
On Nov. 15, 2023, deputies stopped Cayald in the 500 block of Lincoln Avenue, believing he had a concealed gun, the release said. Deputies testified they identified themselves and ordered Cayald to approach their vehicle.
He walked away instead, then argued and "tensed his arms" when they tried to detain him, the deputies said according to the release.
No weapon was found, the release said.
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Cayald's public defender, Elvia Zepeda, presented evidence Cayald was respectful to deputies --addressing them as "sirs" -- and never fled or threatened them, according to the release. The attorney said deputies approached Cayald in a dark alley with only headlights on and no emergency lights activated.
"Hesitation isn’t a crime," Zepeda said in the release. "Taking a moment to process a situation and consider your rights isn't a crime. People should feel safe engaging with law enforcement without the fear that asking a question or taking too much time will lead to punishment."