UPDATE: Carrillo Appears in Court; No Charges Filed Yet

UPDATE: July 18, 2013.
By Bay City News Service

Sonoma County Supervisor Efren Carrillo appeared in a Santa Rosa courtroom this morning after allegedly being found prowling outside a woman's home over the weekend, but is not yet facing charges in the case.

Carrillo, 32, was arrested early Saturday morning on suspicion of felony burglary and misdemeanor prowling at a woman's residence in the area of Stony Point Road and West Third Street in west Santa Rosa.

Santa Rosa police Sgt. Terry Anderson said the woman's bedroom window screen had been torn enough that someone could reach through it and partially open the bedroom window. The woman said she was awakened by the sound of window blinds moving. She called police at about 3:40 a.m.

The woman told investigators that after she called police, the prowler knocked on her front door and identified himself as a neighbor before he ran away, Anderson said.

Police said Carrillo was wearing only socks and underwear when he walked toward responding officers with his cellphone.

After his arrest, Carrillo, who has entered an alcohol treatment center, released a statement saying, "I realize that my behavior was embarrassing. It involved alcohol and I'm taking immediate steps to seek professional help."

Carrillo's attorney, Chris Andrian, said he has advised the 5th District supervisor not to comment further on his arrest or whether he intends to resign.

Earlier this week, Andrian said he doesn't believe Carrillo intended to break into the home or sexually assault the woman.

Santa Rosa police summoned a domestic violence and sexual assault detective to the scene Saturday.

At Carrillo's hearing this morning, Judge Jamie Thistlethwaite recused herself because Andrian worked on her election campaign.

Thistlethwaite sent the case to Judge Gary Medvigy. Napa County Deputy District Attorney Cody Hunt, who was appointed by the state attorney general's office to prosecute the case on its behalf, told Medvigy the prosecution was not ready to file charges.

Hunt and Andrian agreed on Aug. 30 as the next court date.

After the hearing this morning, Hunt said the prosecution needs time to make a decision about whether charges will be filed and if so, what those charges will be.

Carrillo, who looked tired and had visible redness under his eyes this morning, is out of custody.

Medvigy ordered him not to contact the woman involved in Saturday's incident directly or indirectly, including on social media sites, and to stay 100 feet away from her.

Carrillo lives near the woman's residence, and the judge's order does not prohibit him from returning to his home after he leaves the treatment facility.

Medvigy also said the fact that he himself resides in west Sonoma County, which is included in the 5th District, will not affect his ability to preside over the proceedings.

         
ORIGINAL STORY: July 15, 2013
By Bay City News Service

The California Attorney General's Office will oversee the prosecution of Sonoma County Supervisor Efren Carrillo if he is charged with allegedly prowling and burglarizing a female neighbor's home early Saturday morning.

Carrillo, 32, is scheduled to appear in Sonoma County Superior Court Thursday, said Lynda Gledhill, a spokeswoman for the attorney general's office.
 
A Napa County prosecutor will handle the prosecution instead of the Sonoma County District Attorney's Office, and the attorney general's office will oversee the case, Gledhill said.

Sonoma County District Attorney Jill Ravitch said her office cannot handle the prosecution because it has a close working relationship with the Sonoma County Board of Supervisors, which determines her office's budget.

"Our prosecutors are in the process of negotiating a comprehensive benefits package with them," Ravitch said.

Ravitch said the state Attorney General's Office will supervise the Napa County District Attorney's Office's prosecution.

Carrillo was arrested Saturday, posted $40,000 bail and entered a rehabilitation facility.

"I realize that my behavior was embarrassing. It involved alcohol and I'm taking immediate steps to seek professional help," he said in a statement this morning.

Santa Rosa police officers were dispatched to a home near Stony Point Road and West Third Street around 3:40 a.m. after a woman reported someone was trying to enter her bedroom window, police said.

En route to the scene, the woman called again to report that the suspect had knocked on her front door, said he was a neighbor and ran away, according to police.

Police said as officers arrived on the scene, they saw a man walking toward them wearing only underwear and socks and carrying a cellphone.

Officers detained the man, who was identified as Carrillo, police said.

While checking the home, police found the woman's bedroom window screen torn open enough so that someone from the outside could reach through and partially open the window, police said.

The woman told police the sound of her window blinds being moved woke her up, police said.

She told a detective that she knew Carrillo only informally after seeing him around the neighborhood on several separate occasions more than a month ago, according to police.

"Due to the nature of the offense, a detective from the Domestic Violence/Sexual Assault Investigations Team was called out to assist," police Sgt. Terry Anderson said.

Carrillo's attorney Chris Andrian said this afternoon he disagrees with inferences Carrillo intended to burglarize the home and intended to force the woman to have sex.

"He took a couple of beers with him. That might not be appropriate but I don't think it was his intention to break in and force her to have sex. I'm not seeing that," Andrian said.

Andrian said he has known Carrillo for several years.

"That's not who he is. I'm not saying he is without blame, but he probably went over the line and got a little crazy," Andrian said.

Last September, Carrillo was arrested on suspicion of battery and disturbing the peace after a fight with another man outside of a San Diego nightclub.

Carrillo later released a statement saying that he only got into the fight after attempting to defend female friends who were being harassed by the man.

Prosecutors ultimately decided not to file charges in the case due to insufficient evidence and conflicting accounts of the incident, according to the San Diego City Attorney's Office.

Carrillo was elected supervisor in the Fifth District in 2008 and re-elected in 2012. The district includes the Sonoma Coast, lower Russian River area and west and southwest Santa Rosa.