SLO County man accused of trying to kill police officer asks judge to dismiss charges

A Pismo Beach man charged with trying to kill a police officer wants his charges dismissed, alleging law enforcement violated his protected constitutional rights.

He also wants to represent himself in court.

On Tuesday, a San Luis Obispo judge rejected the first request but said he will still consider the second.

Charles Ammons, 48, is accused of attempted murder of Pismo Beach police Officer Chris Siglin during an attempted traffic stop on April 15, 2022, court documents say.

Siglin tried to stop Ammons for a vehicle code violation, a Pismo Beach Police Department release said at the time, and Ammons continued to drive slowly in the 200 block of Pomeroy before pulling over.

When the officer opened Ammons’ door, police say, he pointed a semiautomatic pistol at Signlin’s head.

Siglin tried to wrestle the gun away, the news release said, and Ammons pulled the trigger during the struggle, “attempting to shoot the officer.” Police said the gun malfunctioned and didn’t fire.

Ammons was then taken into custody.

The San Luis Obispo County District Attorney’s Office charged Ammons with seven crimes: attempted murder of a peace officer, assault on a peace officer with a semiautomatic weapon, carrying a loaded handgun, having a concealed firearm, driving under the influence, driving with blood alcohol content higher than 0.08% and public intoxication.

The agency also tacked on sentencing enhancements for the use of a firearm, having a blood alcohol content higher than 0.15% and prior DUI-related convictions.

Attempted murder suspect claims his civil rights were violated

Ammons wants his charges dropped because he says his due process rights were violated during an August mental health diversion hearing, he said in a motion to dismiss. He claims it was held without him being personally present, which led to a time waiver on his behalf without his consent or knowledge.

The motion included Ammon’s own handwritten arguments and notes.

The defendant also claims he was in solitary confinement at San Luis Obispo County Jail with “no booking, no bail, no phone, no bedding, no clothes” from April 15, 2022, the date of his arrest, to April 18, 2022, when he says he was booked.

According to the jail’s online inmate database, Ammons was booked into jail on the date of his arrest.

Charges were filed against Ammons on April 19, 2022. Under California law, suspects cannot be held in jail for more than 48 hours without being charged with a crime, excluding Sundays and holidays.

Ammons was arrested on Good Friday, but was not charged until Wednesday. It’s unclear if Easter weekend had an affect on the time it took to file charges.

The 48-hour rule is also a gray area of the law. Proscutors can argue for “good cause” when filing charges later, and arraignments largely depend on finding an available judge. The COVID-19 pandemic has also had an effect on speedy arraignments.

If a judge does dismiss a case on the basis of a slow arraignment, charges can also be refiled almost immediately.

Tony Cipolla, spokesperson for the San Luis Obispo County Sheriff’s Office, told The Tribune in an email Ammons’ claims are not accurate.

Ammons was booked into jail on April 15, 2022, following his arrest, Cipolla said, and was medically cleared by nursing and mental health staff. He was then placed in a safety cell at the direction of mental health staff.

“This is not solitary confinement,” Cipolla said. “Phone use and other belongings are not allowed in the safety cell. Modesty clothing/bedding is allowed in a tamper-resistant material.”

Cipolla said Ammons was cleared for processing and housed in a cell on April 17, 2022. He was arraigned on April 20, when his bail was changed from $500,000 to no bail.

Ammons claims the county violated his 14th Amendment right to equal protection, Sixth Amendment right to due process and Eighth Amendment protection from cruel and unusual punishment.

Defendant wants to represent himself

In court Tuesday, Ammons claimed he could not work with his court-appointed lawyer, Jeffry Radding. He said Radding would not argue on behalf of his civil rights, noting that Radding did not rewrite or add arguments to his motion to dismiss.

San Luis Obispo Superior Court Judge Jesse Marino told Ammons it was his understanding that they had come to an agreement that Ammons could file his own motions and arguments and have Radding help him file it without adding anything if Radding did not find Ammons’ arguments legally sound.

The judge said he was not going to dismiss Ammon’s charges, adding that his motion was “going to make no difference” in his decision.

“The motion has no merit,” the judge said.

Marino noted that Ammons had gone through several lawyers. His first lawyer, Jeffry Stulberg, was relieved by the court after Ammons filed a motion for new counsel in October.

That’s when Ammons was appointed a public defender, Linden Mackaui, before Radding was eventually appointed to the case in December.

Ammons then hired Harold Mesick, who represented Ruben Flores in the Kristin Smart murder trial, by January. He then fired Mesick in February, and Radding was again appointed to the case.

Ammons was adamant that he did not want Radding to represent him.

“There are a number of concerns I have with my civil rights,” Ammons told Marino. “Radding doesn’t believe he needs to be representing those because he believes there is no issue.”

Marino told Ammons he had two choices: Keep Radding as his appointed lawyer or represent himself in the criminal trial.

Ammons told Marino he would like to represent himself in the case, but Marino said he could not allow that at this time.

“I have concerns about your ability to comply with court rules and understand the purpose of your hearings,” Marino told Ammons.

Marino said he will consider a motion for new counsel and whether Ammons is able to represent himself at his next hearing on June 13. Ammons’ preliminary hearing is scheduled for June 22.