STOCKTON — Port Commissioner and former San Joaquin County Supervisor Victor Mow still awaits a formal complaint to be filed by the San Joaquin County District Attorney’s Office a week after he was arrested on suspicion of vehicular manslaughter and driving drunk.
Dressed in a suit and tie, Mow met with his attorney Albert Ellis at the Stockton courthouse on Tuesday afternoon, but did not go in front of a judge.
Next door to Department 8C, Mow was seen leaving a meeting room along with his wife, Sue, just before 1:30 p.m. and neither spoke to a reporter as they entered an elevator.
Ellis said his 77-year-old client was not arraigned due to the DA still collecting findings to formally file a complaint.
“Today was the date where he was to appear for the arraignment and they don’t have all their information,” he said. “They really can’t proceed with the prosecution in the case until they have that — we would anticipate hearing from them sometime in the future.”
The DA’s Office did not immediately respond to a request for comment.
According to a police report, Mow was driving eastbound on Country Club Boulevard near Fontana Avenue, west of Interstate 5, just before 8 p.m. on Nov. 28, when he struck an 82-year-old man in the roadway. The victim apparently was not in a crosswalk and when first responders arrived, they pronounced Muhammad Ashraf Butt dead.
Mow, a member of the Stockton Port Commission, former Stockton vice mayor and chairman of the Board of Supervisors, remained at the scene of the accident.
Authorities later determined that Mow allegedly was under the influence of alcohol at the time when he struck Butt with his vehicle. His blood alcohol content was reported to have been at 0.10 percent, higher than the legal limit of 0.08 percent to be considered legally impaired, police said.
Mow was booked into San Joaquin County Jail later that night and released early the next morning, according to police and jail records.
Information such as toxicology reports take time to complete and a delay in filing charges is nothing new, Ellis said.
“Obviously, he takes all of this seriously as anybody would in his position,” Ellis said. “I think it’s premature to probably comment about what or our defense strategy would be — we wouldn’t, obviously, do that until had an opportunity to look at all the evidence and look at the report from the District Attorney and, most importantly, the toxicology information, so we’ll be taking another look at that.”
Contact reporter Nicholas Filipas at (209) 546-8257 or email@example.com. Follow him on Twitter @nicholasfilipas.