No Crime, No Time


Witness shouldn't get off scot-free

By Kelvin Wade | | February 05, 2009 16:38

Something just isn't sitting right with me. What would a reasonable person do under these circumstances: Imagine you're driving a car with two friends in tow and you stop in a residential area. Let's say one of your friends gets out of the car and you hear gunshots. He gets back in the car and you think he has a gun.

If he told you to drive, you probably would drive. You'd be scared. And you'd probably be asking him what just happened.

But the next day, when you saw the news that a young City Councilman had been shot at the time and location where you were the night before, what would you do? Would you call your friend and tell him to turn himself in? Would you go to the police and tell them what you know?

Or would you keep it quiet?

That's my problem with Nicole 'Scot-Free' Stewart, the alleged getaway driver in the Matt Garcia murder case. As she testifies this week against Henry Don Williams, 32, of Fairfield, and Gene Allen Combs, 45, of Suisun City, in their preliminary hearing, one can see she is an essential material witness in the case. But should she get a free pass?

I'm not an attorney. But I think I'm a reasonable person with a dollop of common sense.

All I have are the public facts of the case. While area newspapers and regional news shows covered the shooting, while we were gathering in candlelight vigils, and packed the stadium at Armijo High for a moving service with Matt's grandmother's anguished plea at that service, what was Nicole Stewart doing?

Did she immediately turn herself in? Did she immediately give up the names of the two men she drove to Silverado Drive that night? Was she huddled with detectives on the case? Was she meeting with the district attorney?

No. And who benefited from her silence?

In not charging Nicole Stewart, District Attorney Dave Paulson has said he's 'not aware of any admissible evidence that proves criminal responsibility on her part.'

I'll defer to his legal expertise. But there's another court. It's a court that allows a lot more evidence than a legal court. It allows greater use of common sense. It uses perspective and scope and assesses and weighs evidence swiftly. And while people often blast the Court of Public Opinion, how often is it wrong?

If Nicole Stewart's testimony convicts the killers of Matt Garcia then I applaud her efforts.

But it won't make me forget who was driving that car. It won't make me forget Nicole Stewart didn't immediately go to police. And if Henry Don Williams is convicted as the killer of Matt Garcia, I will remember that Nicole Stewart knowingly allowed her cohorts to roam free, jeopardizing others, after she knew what they'd done.

She won't be charged with a crime. But the Court of Public Opinion has already ruled in her case. Peace.
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Read more of my thoughts on this case at the DR Blog.

Are you paying more for less? Read all about it on the Wading In Blog.

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