CASE OF INTEREST

Date: September, 19, 2003
Case: People v. Timothy James Durel, 03M03676, Department 23
Contact: Jean Williamson, Supervising Deputy District Attorney
Special Investigations Unit, (916) 874-6655

District Attorney Jan Scully announced today that Timothy James Durel was sentenced to 90 days in jail (work project recommended) and 3 years informal probation for his conviction by a jury of aggravated trespass (a misdemeanor) in violation of Penal Code section 602.5(b). The sentence was imposed by the trial judge, the Honorable Shelleyanne W. L. Chang.

The defendant, a Sheriff’s deputy, unlawfully entered the victim’s home when her two daughters, aged 8 and 12, were home alone. The defendant, who was on duty, in full uniform, but out of his assigned work area, told the girls there had been a 911 call, or an incomplete 911 call, from the home and that he needed to come in and check the house. In fact, there had been no complete or incomplete 911 call. At trial, the defendant testified that he made up the story about the 911 call on the spur of the moment when the girls answered the door. He said he was actually at the house for personal reasons, hoping to find the mother at home after having found her attractive on a previous legitimate call-out to that location. The defendant entered the home, told the girls to sit on the couch, and walked through the home, looking into the rooms, including the bedrooms, and the garage.

The defendant claimed at trial he entered the house to check the welfare of the children, but the jury rejected that, finding he did not enter the house for any legitimate law enforcement purpose.

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