By Katy Sweeny
Chico Enterprise-Record
OROVILLE, Calif. — Because prosecution thought they would get another hung jury, the Butte County District Attorney’s Office dismissed the misdemeanor gun brandishing case Thursday against a Chico firefighter.
Nine out of 12 jurors agreed last month that Zachary Plottel was innocent. But the panel couldn’t come to a unanimous decision and so Judge Gerald Hermansen declared a mistrial Dec. 15.
During the trial, Plottel testified he struggled with a young man Jan. 21, 2010 near Neal Dow School after he thought the teen stuck a real gun out of a car window just beside him as he was taking a walk. It was a clear plastic airsoft gun. When the car window started to roll up with his arm caught inside, Plottel said he pulled his revolver out of his jeans pocket and put it up to the window.
Plottel was charged with misdemeanor exhibiting a concealable firearm in public. He could have faced 90 days in jail and probation if convicted. Hermansen accepted the dismissal Thursday in Butte County Superior Court, as first reported at chicoer.com. The defendant’s attorney, Dennis Latimer, said he and his client were relieved at prosecution’s dismissal.
“It’s not a joy to be prosecuted,” Latimer said.
Plottel declined to comment. “My opinion on the case is Zach has been innocent all along,” Latimer said. “And the actions taken today by the prosecutor confirms my opinion.”
Deputy district attorney Mike Sanderson said opinion of guilt depends on whose story the jurors believe.
Sanderson said he still thinks Plottel was guilty.
“We wouldn’t have prosecuted the case if we believed he was innocent,” he said.
Sanderson first heard Plottel detail what happened at trial, he said. “While I personally don’t believe his version of the story, we would have difficulty proving beyond a reasonable doubt that he acted in violation of (the law).” The incident led Neal Dow, Hooker Oak School and Bidwell Junior High School to go into lockdown for almost an hour that day.
Plottel has been employed with the Chico Fire Department for more than 10 years and remains on active duty as an apparatus engineer. He had a concealed carry weapon permit at the time of the incident, but no longer does.
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