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Brinda Sue McCoy, the wife of Oceanside
police chief and Cypress Mayor Frank McCoy, was sentenced to 15 years in state prison Friday for shooting at officers outside her Cypress home. McCoy dialed 911 in 2010 and initiated a 90-minute stand off during which she fired two shots at police. The stand off ended with McCoy crawling to her front door and being subsequently shot with beanbag ammunition by police officers. At her trial McCoy blamed her behavior on her own suicidal thoughts, driven by alcohol and prescription pills. She testified that at one point, she hoped if she called the police they would shoot and kill her.
McCoy, 49, was convicted in June of five felony counts of assault with a semi-automatic firearm
on a peace officer, and one felony count of discharging a fire arm with gross negligence
. Following her conviction, Superior Court Judge Francisco Briseno allowed McCoy to be free on bail, but imposed rigid limitations upon her. A few days later, officers found her bleeding in the backyard of her Cypress home after an effort to commit suicide. Briseno ordered her to be taken back into custody on a no-bail warrant.
When McCoy was sentenced the convictions carried a maximum 29 year prison sentence, but prosecutor Rebecca Olivieri agreed to modify the sentencing enhancements to reduce the jail time. The modifications are partially due to McCoy’s mental health and the fact that she had no prior criminal convictions
. The modification allowed Judge Briseno to enforce the lesser term. Though McCoy and the prosecutor reached an agreement, the agreement has several conditions. Most notably, McCoy has agreed to give up her right to an appeal or a new trial.
It is unusual to modify charges following a conviction. Prosecutor Olivieri explained that she considered factors such as McCoy’s 20-year nursing career, raising a family that includes a son who is a police officer, a daughter who is a police dispatcher, and another daughter in the military.
A felony is a serious crime and has long lasting effects even after imprisonment. Those convicted of a felony can pay fine or serve jail time. After the imprisonment term has been completed, in many parts of the United States, a convicted felon can face long term legal consequences such as: exclusion from obtaining certain licenses; purchasing fire arms; ineligibility for government assistance programs such as welfare; and sometimes deportation. Additionally, most job applications and rental applications ask if the applicant has ever been convicted of a felony or faced felony charges.
The goal of the attorneys at Don Ho, LLP
, is to provide aggressive and comprehensive defense to those accused of a crime throughout the State of California. The Orange County Law Firm of Don Ho, LLP
, offers a free initial consultation where our criminal defense attorneys will explain the charges you are being accused of and what the District Attorney’s office needs to do to prove their case, as well as explain your rights and provide a fair and unbiased evaluation of your case.
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