PRESS RELEASE

 

Nuisance Defendant Receives Probation Again

July 9, 2010

 

Yesterday, over the objection of the District Attorney, a Redding man was sentenced to a residential treatment program despite numerous sustained violations of probation.  Benjamin Edward Holmes, 22, was sentenced to one day in jail and ordered to complete the Teen Challenge treatment program as a consequence for violating his felony probation.  Holmes was originally convicted in November 2008 of a felony, possessing a deadly weapon.  Since that time, Holmes has repeatedly violated his probation by failing to report to his probation officer, testing positive for having used marijuana and oxycodone, leaving the county without permission, and failing to complete counseling programs.

In July 2007, the District Attorney declared the Holmes’s residence at 6474 Creekside Way in Redding to be a nuisance after repeated criminal activity at the home.    It was recently the site of a serious assault committed by Braylen and Delavonta Holmes (who are not related to Benjamin Holmes) against two visitors at the location.  

Despite a probation recommendation for a 2 year prison sentence and the District Attorney’s urging to send Holmes to state prison, Superior Court Judge Wilson Curle imposed the 1 day jail and Teen Challenge sentence.

Holmes has also previously been convicted and on probation for the following misdemeanor offenses over the last 4 years:

Assault with a deadly weapon, unlawful sex with a minor, disturbing the peace (3 separate times), maintaining a public nuisance (2 separate times) possession of marijuana in a vehicle, possession of alcohol by a minor, and petty theft.  Holmes also violated his misdemeanor probation on numerous occasions.

The District Attorney and the Redding Police Department have received numerous complaints from neighbors about the activity coming from the home at Creekside for several years.

The case was prosecuted by Deputy District Attorney Erin Dervin.  For questions, contact District Attorney Jerry Benito at 245-6310.