Joel Barnes, 40

In his third court appearance in a week, the man facing a litany
of charges ranging from assault on a police officer to possession
of a machine gun reluctantly agreed to let the court system take
its time processing his case.
In his third court appearance in a week, the man facing a litany of charges ranging from assault on a police officer to possession of a machine gun reluctantly agreed to let the court system take its time processing his case.

Joel Barnes, 39, of Morgan Hill appeared in court for the third time this week to enter pleas in three felony cases stemming from several incidents that occurred over the summer. At the hearing, prosecutors did not address four other misdemeanor cases which will go to pretrial conferences later this month and next.

“Those are the least of his problems,” said Deputy District Attorney Cindy Hendrickson. Those lesser charges include violating a protective order, misdemeanor battery, resisting arrest and contempt of court. “Those four will trail the felony charges.”

Barnes’ most serious felony – assault on a peace officer with a deadly weapon – will lead in the proceedings, Hendrickson said.

“They’re all such different cases,” she said.

Barnes’ alleged offenses range widely in nature and severity but all took place this year.

Barnes’ history of violence dates back to 1995, when he killed his common-law wife with a single stab wound to the heart and pleaded no contest to voluntary manslaughter. He then committed a parole violation in 2006 and a list of alleged crimes since he completed his manslaughter sentence in 2007.

Barnes eluded deputies a total of three times this summer as they attempted to arrest him on warrants for felony false imprisonment and assault, and ran from Morgan Hill police on one occasion, Hendrickson said.

Most recently, Barnes provoked deputies into shooting at him while he escaped their capture by driving his truck at them in San Martin, police said. Two days later deputies cornered Barnes at a home in Watsonville. Barnes again ran from police but the SWAT team and canine officers found him hiding inside nearby bushes. After months on the run, Barnes was taken into police custody.

Wearing red prison garb and sporting a buzzed haircut, Barnes leaned forward in his seat for most of the hearing Friday. Several times, he signaled to his appointed attorney, Kelly Brooks, who exchanged hushed words with him, occasionally patting him on the shoulder.

Described by prosecutors as “an extreme flight risk,” Barnes appeared subdued except when speaking directly to Santa Clara County Commissioner Gregory Saldivar. When asked if he would waive his right to a preliminary hearing within 60 days, Barnes initially refused then grudgingly agreed after sharing a few words with Brooks.

The court also issued a protective order against Barnes forbidding him to speak to one of the people affected by his alleged crimes.

The most recent list of felony charges – six in total – stemming from Barnes’ Sept. 2 dash from police carry a maximum prison sentence of more than 20 years. At the moment, Barnes only has one prior “strike” for the 1995 killing of his girlfriend. Under California’s Three Strikes law, a defendant faces 25 years to life in prison upon committing a crime after being convicted of two previous serious or violent felonies.

Barnes’ three felony cases were continued to 1:30 p.m. Oct. 20 in Department 109 at the South County Courthouse in Morgan Hill to hear his plea. Pretrial conferences for his four misdemeanor cases will be held Sept. 24 and Oct. 2.

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