A San Mateo County Superior Court judge has indicated he will not send a man convicted of battery charges against a correctional officer to prison and will instead place him on probation, a deputy district attorney
said today.Jose Daniel Rodriguez, 24, attacked the officer Nov. 16, 2007, while Rodriguez was serving jail time for a misdemeanor domestic violence conviction, Chief Deputy District Attorney Steve Wagstaffe said.
The officer suffered a torn Achilles tendon, requiring both surgery and physical therapy, according to Wagstaffe.The attack ensued during the routine morning count and inmate check when Rodriguez began screaming obscenities at the correctional officer, Wagstaffe said.The officer reportedly told Rodriguez the outburst would cost him recreation time outside of his cell, and Rodriguez then banged the officer’s head, causing them both to fall to the floor, Wagstaffe said.Rodriguez continued to fight the officer until another officer subdued him, according to Wagstaffe. Rodriguez reportedly continued to scream threats that he was going to kill the officers.Rodriguez pleaded no contest to felony battery on a custodial officer on Feb. 24 in exchange for a maximum of 16 months in state prison.He was expected to be sentenced Friday, but Judge James Ellis decided to consider Rodriguez as a potential Pathways Program participant and indicated he would not sentence him to prison. Pathways is a rehabilitation program that serves as an alternative to incarceration. Rodriguez, who suffers from “a serious mental illness,” according to Wagstaffe, will likely receive probation in addition to the one- to two-year program at Pathways.His sentencing was rescheduled for Friday. Rodriguez remains out of custody on $50,000 bail.
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