Jury to deliberate on Tye Champ’s prior convictions

In a Fresno courtroom, a jury must decided whether former California gubernatorial candidate Tye Glenn Champ Jr. has a prior felony conviction for manslaugther and two felony convictions for assault with intent to a rape and oral copulation.

It’s a decision that could put Champ behind bars the rest of his life.

The jury plans to deliberated Thursday in Fresno County Superior Court.

Champ’s trial is unusual because it was split into two parts.

On Tuesday, a jury completed the first phase by finding Champ guilty of being a felon in possession of a firearm, a felony, and guilty of misdemeanor vandalism for slashing the tires of an ATV.

But jurors said they were deadlocked 9-3 on the more serious charges of attempted murder and assault with a deadly weapon in connection with the shooting of John Harrison Price III outside his Prather home in August 2014. To reach a verdict, the jury must be unanimous.

Jurors also found Champ not guilty of a felony charge of animal cruelty in connection with the death of a horse named Gypsy.

Now, the same jury of six men and six women has the task to determine whether Champ is a career criminal.

In a contentious hearing Wednesday, prosecutor Dennis Verzosa and defense attorney Eric Schweitzer argued over the validity of Champ’s prior convictions.

“The documents are untrustworthy,” Schweitzer told Judge Gary Hoff.

But Verzosa told the jury that documents are certified copies of court records and from the California Department of Justice. He said the documents clearly show that Champ pleaded to the manslaughter charge in October 1998 and was sentenced to 12 years in prison. The documents also show that Champ pleaded to assault with intent to commit rape and assault with intent to commit oral copulation in June 1993 and was sentenced to probation, he said.

But Schweitzer told the jury that if the documents are reliable, then why does the Department of Justice documents say one count of assault with the intent to commit rape was dismissed.

In addition, Schweitzer contends that if Champ pleaded to the two 1993 sex charges, it was not a valid plea because Champ was represented by the Public Defender’s Office, which also represented the victims. “Did you know that public defender had a conflict of interest?” Schweitzer asked Mark Phillips, a deputy district attorney who vouched for the authenticity of the documents.

But before Phillips could answer, Verzosa objected, prompting Judge Gary Hoff to call a sidebar with the lawyers outside the presence of the jury.

Afterward, Hoff told the jury that the only issue it must determine is whether Champ suffered the convictions.

Before Phillips left the witness stand, he conceded that the DOJ document did say one count of assault to commit rape was dismissed. But he also pointed out that the court documents support Verzosa’s contention that Champ was convicted in June 1993 of the assault with the intent to commit rape and assault with the intent to commit oral copulation.

In his defense of Champ, Schweitzer conceded the manslaughter charge, since Champ admitted to it during the first phase of his trial.

It’s those two sex convictions, if found true, that makes Champ eligible for a life prison sentence under the Three Strikes and You’re Out law that has stiff penalties for repeat offenders.

Schweitzer questioned the fairness of the convictions since the documents say Champ pleaded to the sex crimes in June 1993 – unaware that the convictions would constitute two strikes under Three Strikes law that wasn’t enacted until March 1994.

Champ has been in the Fresno County Jail since his arrest on Aug. 8, 2014.

Outside court, Schweitzer said it would be a shame to put Champ behind bars for life. Since getting out of prison in May 2009, Champ has stayed out of trouble and built a business in road construction. “He’s a likeable man with a lot of friends,” Schweitzer said.

Schweitzer also pointed out that Champ was likeable enough to run for governor.

In his bid for governor in the June 2014 election, Champ received 76,066 votes, which was 1.8 percent of the statewide tally.

Champ’s recent trouble stem from an incident that happened Aug. 7, 2014.

Price, his wife and a friend were unloading a truckload of horse feed, while Champ and a crew were doing a paving project on one of the easements on Price’s property in Prather.

What happened next is in dispute.

Price testified he needed an empty barrel, so he sent his 13-year-old son to fetch one. Getting on his ATV, the son drove toward the paving project. There, he encountered Champ.

“Don't cross the road until the improvements are done,” Champ told the boy, according to Verzosa. The boy complied, finding another route, the prosecutor said.

But when the boy came back a second time, an irritated Champ stopped him and scolded him. Champ pulled out a folding knife and stabbed two tires of the ATV, Verzosa said.

He then told the boy to tell his dad: "Let's see how mountain men do it."

Price, his wife and friend quickly confronted Champ. Words were exchanged before Champ pulled a black semi-automatic pistol from his pocket and shot Price in the abdomen, Verzosa told the jury.

Champ also fired several rounds toward a horse pen before leaving the scene, the prosecutor said. He was arrested the next day in Tulare County without incident.

Schweitzer argued that Champ didn’t want to shoot Price, but "it was necessary under the circumstances."

He contended Price slashed Champ’s sleeve with a knife and that Champ shot Price once to stop the threat.

Schweitzer accused Price of purposely sending his son to ruin the paving project.

On the witness stand, Price admitted he had a razor knife on him, but told the jury that he had his hands in the air and was backing away when Champ shot him.

This story was originally published September 30, 2015 at 6:51 PM with the headline "Jury to deliberate on Tye Champ’s prior convictions."