BAKERSFIELD, Calif. (KERO) — Ed Jagels, the man who spent 27 years as Kern County's top prosecutor, did not appear in Kern County Superior Court Tuesday for his arraignment on a misdemeanor DUI charge. His attorney appeared in his place and entered a not guilty plea.
Under California law, misdemeanor defendants are not required to appear in court and may send their attorney instead.
Jagels, 77, was arrested June 1 after Bakersfield police received multiple calls about a man slumped over the wheel of a black Tesla on Stockdale Highway. When officers arrived, the car was already moving, swerving across lanes and striking the center median several times before stopping near Don Hart Drive.
According to the Bakersfield police report, when asked to participate in field sobriety tests, Jagels told officers, "Guess I gotta, I guess I'm a deuce." A preliminary breath test came back at .153 — nearly double the legal limit. He was then taken to Kern Medical Center for a blood draw and booked into the Kern County Jail.
Because of Jagels' deep ties to Kern County's justice system, current Kern County District Attorney Cynthia Zimmer — whom Jagels publicly endorsed — stepped aside. The case was handed to the Tulare County District Attorney's Office. Prosecutor LaRann Box represented Tulare County in court Tuesday.
David Alavezos, Tulare County Chief Deputy District Attorney, explained why his office took over the case.
"In order to make it very clear there's no involvement with the local prosecutor — it was sent to our office for review and filing and prosecution. So because we don't have ties to Kern County — we end up reviewing, making a filing decision, and then we will make the appearance," Alavezos said.
At Tuesday's arraignment, Jagels' attorney also entered a time waiver on his behalf. Without it, a misdemeanor defendant out of custody would have to go to trial within 45 days. The case does not return to court until November.
Alavezos described what happened in court Tuesday.
"The attorney basically is standing there for the defendant, and therefore the defendant was arraigned. The attorney entered a not guilty plea for him, which is allowed. He entered a time waiver for him, which is allowed. And then the court set it for what's called a pretrial conference on November 13th in Department 23 at 8:30 in the morning," Alavezos said.
During his tenure, Jagels had a reputation as a "get tough on crime" prosecutor. However, several of the cases he prosecuted later unraveled. Jagels declined a request for comment.
Alavezos said Jagels will receive no special treatment.
"He will be treated like every other DUI defendant," Alavezos said.
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