A trial date stays pending for a 36-year-old parolee charged with stabbing an aged man in a Fairfield quick meals restaurant in 2018.
Solano County Superior Court docket data present that Dale James Chordorowski, who appeared Tuesday Division 11, was scheduled for a trial setting, however Decide William J. Pendergast reset it for 8:30 a.m. Could 4 within the Justice Heart in Fairfield.
On the the newly scheduled setting, Pendergast additionally will take into account a Romero movement submitted by the Public Defender’s Workplace, which represents Chordorowski. It's a movement by a protection lawyer to take away a previous strike conviction from consideration throughout sentencing. If a decide grants the movement, it might considerably scale back the size of a state jail sentence ought to a defendant be convicted.
After a 2021 preliminary listening to, as beforehand reported, Pendergast declared there was sufficient proof to carry Chordorowski for trial.
Throughout a earlier court docket continuing, Chordorowski additionally confronted a restoration-of-mental-competency listening to in reference to the tried homicide cost for stabbing the person, who was 80 on the time of the assault.
Pendergast in 2020 decided in regards to the defendant’s competency, ordering Chordorowski to return for subsequently scheduled proceedings.
Chordorowski is accused of knifing the sufferer whereas the person was having lunch together with his spouse on Sept. 19, 2018, on the Burger King within the 2400 block of North Texas Road. He was jailed with out bail on suspicion of tried homicide, assault with a lethal weapon and violating phrases of his parole. He stays within the Stanton Correctional Facility in Fairfield.
Court docket data present Pendergast on Could 6, 2019, referred Chordorowski to MHM Providers, a contract supplier of well being providers to authorities businesses, with a safe facility in Vallejo, for analysis after the defendant was deemed to be incompetent.
Nonetheless, throughout proceedings a number of years in the past, Pendergast ordered Chordorowski dedicated to the Division of State Hospitals for a most time period of two years; and, on June 5, 2019, the decide signed an order sending Chordorowski to one in all 5 state hospitals for remedy.
Some six weeks later, on July 22, Chordorowski was positioned in a jail-based competency remedy program, in line with court docket data.
On Aug. 15, he was referred to a state hospital and, on Aug. 28, Pendergast acquired discover of his admission to Patton State Hospital in San Bernardino.
Below state regulation, particularly Penal Code part 1368, a defendant who is taken into account unable to assist in his or her protection or perceive court docket proceedings can't be tried. Nonetheless, as soon as they're deemed competent, legal prices may be reinstated and the defendant may be scheduled to face extra court docket proceedings, together with a jury trial.
On Oct. 10, 2019, the court docket acquired Chordorowski’s restoration-to-mental-competency report from the Patton facility. Solano County Sheriff officers arrested Chordorowski there on Oct. 15, jail data point out.
Chordorowski’s protection lawyer on the time, Deputy Public Defender Courtney L. Oxsen, had beforehand expressed doubts about her consumer’s psychological competency, and the decide agreed to set a listening to for a physician’s report.
Ought to Chordorowski be discovered responsible of first-degree tried homicide at trial, he faces a most life sentence in jail with the potential for parole however could face extra time for the parole violation, use of a lethal weapon, and the earlier conviction.