James Simon, the doctor who shot a man who followed him home, tried to pull into the doctor’s garage, and started storming the house, has pled “not guilty” to felony charges of assault with a deadly weapon and negligently discharging a firearm. The judge also refunded him his $160,000 bail, finding that the 71-year-old doctor is not a flight risk. Something interesting is going on here: This is now the second Marin County Superior Court judge — let me repeat again “Marin County” — who seems to be taking a stand in favor of gun rights against the local prosecutor.
As those who have been following this story know, one Marin County judge also refused to indict Simon, believing that there was no case against him (i.e., the judge thus accepted Simon’s claim that he acted properly to defend himself and his wife). Dissatisfied with the judge’s ruling, the prosecutor, Edward Berberian, immediately convened a grand jury, and pushed through a new indictment: