A Solano County Superior Court judge has rescheduled a trial-setting for a Fremont man charged with trying to kill a Vallejo police officer during a 2018 Oakland gun battle following a high-speed pursuit from Vallejo into the East Bay city.
Court records show Dominic James Milano, 44, appeared May 12 in Department 2 for more proceedings in the case, but Judge Daniel Healy, who earlier vacated a January trial, ordered the defendant to return at 8:30 a.m. July 7 for another trial-setting in the Justice Building in Vallejo. The judge also will hear some in limine motions, requests that certain testimony be excluded.
Milano is represented by Deputy Public Defender Nick Filloy, and Deputy District Attorney Edward W. Lester appeared on behalf of the Solano County District Attorney’s Office for the May 12 matter. Filloy has filed a brief on the admissibility of various evidence.
As previously reported, Milano’s pending court dates follow a preliminary hearing in 2020.
Afterward, Chief Deputy District Attorney Bruce Flynn, who was handling the case at the time, decided to drop all but one attempted murder charge, agreeing with Filloy there was only sufficient evidence to charge Milano with the attempted murder of Officer Matt Komoda and not two other officers involved in the Nov. 1, 2018, chase into Oakland, where Milano was arrested.
In a brief interview after the two-day proceedings, Filloy said the DA did not have enough evidence to charge Milano with the two other felonies since a bullet — or a bullet fragment — was found in a vehicle shared by the two responding officers, a bullet that may have been a ricochet, not a round fired directly at them.
Proceedings have been delayed or postponed for a number of reasons in the past many months, among them a pending ruling on whether to grant Filloy’s request for records of arrests and prosecutions of key witnesses in the case, including at least one for a Vallejo police officer.
During the initial preliminary hearing, witnesses to the shooting in the area of International Boulevard and 22nd Avenue, where Milano allegedly began firing at officers after crashing his vehicle, described what they saw and heard.
One of them said he was unable to identify the driver in a “black car,” and, under cross-examination by Filloy, said he saw the driver of the vehicle through the passenger side of the vehicle. The witness also said he didn’t see the driver of the black vehicle fire a weapon.
Flynn called to the witness stand Brandon Graham of Vallejo, who told the prosecutor that he had called 911 on Nov. 1 after seeing Milano earlier in the day.
A day or two before the alleged crime, Graham said he had agreed to help Milano move and, at one point, the defendant had shown Graham several weapons in his possession.
He told Flynn that Milano had called him during the police pursuit and, at some point, told Graham he was not going to be captured by the police.
With the DA’s decision to pursue only one attempted murder charge, it appears Milano, a previously convicted felon, …read more
Source:: The Mercury News – Entertainment