Hollister - A Hollister man facing 10 years in prison for his role in a gun scare that prompted an emergency lockdown at a local elementary school last December, was given a 120-day jail sentence as part of a plea bargain Wednesday.
Peter Prado, 28, was arrested last December after a fight with 37-year-old Hollister resident Mark Farve in the parking lot of Calaveras Elementary School. Police said Prado brandished a gun during the fight. Both men were watching their children perform in a school Christmas program when the fight broke out. After the gun was spotted, the school went into a two-hour emergency lockdown. No shots were fired and no one was injured during the scuffle.
District Attorney John Sarsfield had charged Prado with two felony gun charges and misdemeanor brandishing a firearm. The two felonies were dismissed in exchange for a "no contest" plea to the brandishing charge. Last November, Sarsfield instituted a zero-tolerance policy on plea bargains in gun and gang cases. Sarsfield said former deputy district attorney Denny Wei made the offer with his approval. He called the end result "unfortunate," but said his office lacked the evidence needed to make the felonies stick.
"We had two guys with bad records pointing the finger at each other," Sarsfield said. "You have to prove something beyond a reasonable doubt. Here we have conflicting accounts from the police and conflicting accounts from the three witnesses."
Sarsfield said it was impossible to prove, beyond a reasonable doubt, which man had the gun. There were no fingerprints on the gun, the ammunition or the magazine, he said.
"It was either (plea bargain) or they both go free," Sarsfield said.
Sarsfield distanced himself from previous comments about the no-plea bargain policy that made headlines in local newspapers earlier this year. Sarsfield said Wednesday that the policy meant all plea deals had to be approved by him, not that he wouldn't plea bargain. However, in January, Sarsfield told the Free Lance, "we're taking a hard line, we are not going to plea bargain anything."
School officials were affronted by the plea deal.
"What kind of message does this send to the parents and students? It's deplorable," said Calaveras Principal Christine White. "This was an unacceptable offense and I would have hoped (Prado) would have been punished to the fullest extent. It saddens me."
County Superintendent of Schools Tim Foley said student and school safety is the top priority for all districts in county. He said punishments in school gun cases should serve as deterrents to future crime.
"I'm not sure that 120 days of reflection will be enough," Foley said. "But that's beyond the scope of my expertise."
Hollister School District Board of Trustee member Dee Brown said she was surprised by the plea bargain.
"I know our district attorney's office is backed-up, but we have to find a way to protect our children at school," she said. "This was a very scary incident."
Defense attorney Nelson McElmurry, who represented Prado, said his client was "railroaded" and only accepted the deal to avoid a costly trial.
"The only reason Mr. Prado took this deal is because he was actually the victim in this case," McElmurry said outside the San Benito Courthouse Wednesday. "When you're facing 10 years in prison, sometimes you can't afford to turn down this kind of offer."
McElmurry said Prado never had a gun and that the witnesses of the incident were biased.
"The facts of this case are completely screwy," he said. "It had to be Mr. Farve who had the gun. Somebody should have went down in this case. Nobody wants to see a gun at school, but it wasn't my client."
In January, Farve pleaded "no contest" to misdemeanor disturbing the peace, according to his attorney Harry Damkar. Farve denied ever having a gun, he said. Farve was ordered to pay a fine, but did not get jail time, Damkar said.
Prado is a convicted felon, father of two and a former Norte'o street gang member, according to court documents. Prado said the fight started after an argument about a woman both men had dated. He claimed the police had a grudge against him and maintained his innocence.
"I'm not going to do 10 years for them trying to railroad me," he said. "(The police) were trying to convict me on my past."
Prado has a history of violent crime spanning the last decade. He has been booked into the San Benito County Jail 10 times since 1996 on charges ranging from drug possession and fighting to robbery and attempted murder, according to jail officials. In 1998, Prado pleaded guilty to felony drive-by shooting, his first strike, and was sentenced to prison, according to court documents.
In addition to jail time, Prado will have to complete three years of probation, stay away from the school and pay a fine, according to court documents.
Brett Rowland covers public safety for the Free Lance. He can be reached at 831-637-5566 ext. 330 or browland@freelancenews.com.
Brett Rowland Brett Rowland is city editor for the Free Lance. Reach him at 831-637-5566 ext. 332 or browland@freelancenews.com
POST A COMMENT
If you are under 13 years of age you may read this message board, but you may not participate.
Here are the full legal terms you agree to by using this comment form.
The Score: Baler football and boys and girls water polo
