Local prosecutors dismissed state arson, vandalism and explosives charges against Richard Tillman and deferred prosecution to the U.S. Attorney’s Office. The dismissal was requested at a court hearing where Tillman was to be evaluated for competency, a process he strongly objected to and which would have required lengthy, costly hearings. County prosecutors sought to preserve judicial economy by avoiding prolonged local competency proceedings while federal authorities pursue a similar charge. Tillman remains jailed without bail, now under federal custody, has pleaded not guilty to the federal indictment and faces five to 20 years if convicted.
The case dismissal was requested by Santa Clara County Deputy District Attorney Emily Lessard at a Monday morning court hearing where Tillman, 44, was supposed to be appointed a doctor who would evaluate his competency to stand trial, to which he strongly objected. Instead, the district attorney's office sought to spare the county and Superior Court the expense and resource drain of lengthy competency hearings that were expected to last several months and had already halted his local prosecution pending their outcome.
The case was dismissed in light of the federal prosecution for the same conduct, Lessard said in a statement Monday. The goal is to ensure accountability while preserving judicial economy. The move was not surprising; county prosecutors often defer to their federal counterparts when an alleged crime overlaps jurisdictions. Tillman had faced state felony counts for arson, vandalism and possessing explosives. He will still be held in the Santa Clara County Main Jail without bail, though technically now in federal custody instead of county custody.
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