PLACERVILLE, CALIFORNIA
KEVIN CAIRNS and attorney Steve Tapson watch as the jury leaves the courtroom Thursday after bringing back a guilty verdict on five misdemeanor counts and not guilty of three felony charges. Cairns, owner of Dante's restaurant faced a slew of charges stemming from several different altercations with carsick motorists. Democrat photo by Krysten Kellum

KEVIN CAIRNS and attorney Steve Tapson watch as the jury leaves the courtroom Thursday after bringing back a guilty verdict on five misdemeanor counts and not guilty of three felony charges. Cairns, owner of Dante's restaurant faced a slew of charges stemming from several different altercations with carsick motorists. Democrat photo by Krysten Kellum

News

Cairns not guilty of felonies, guilty of lesser charges

By From page A1 | March 19, 2012

At 4:35 p.m. on Thursday, March 15, the verdict came back on the Kevin Cairns trial.

Ten minutes later, the verdict was read to a courtroom with only a few friends of the Cairns’ in attendance.

Kevin Michael Cairns was found not guilty on the first and third counts, assault by means of force likely to produce great bodily injury, but was found guilty of a lesser, misdemeanor charges of assault.

On the second count, vandalism in excess of $400, Cairns was found not guilty, but was found guilty of vandalism less than $400.

He was found guilty on the fifth count, exhibiting a deadly weapon, a misdemeanor charge.

Finally, he was found guilty of a special allegation that he had been released on bail when he committed the crime associated with the fourth count.

Cairns faces up to a year in prison, his attorney, Steve Tapson said, “hopefully it’ll be more modest.” He said the charges should have been originally misdemeanors, not felonies, and that it was “overkill. The jury saw that, fortunately.”

The restaurateur said he was “not happy” with the verdict. “I want to be acquitted, I’m not guilty of anything,” he said outside the Courthouse. “Not letting the evidence of my past history with deputy (Simon) Brown, it’s not fair.”

He also said that it was not fair that his character witnesses were stymied by court orders of what past evidence they could give testimony about, hampering them from actually giving the jury a good sense of Cairns’ character. He then left the Courthouse to go to his son’s volleyball game.

As the verdict will be sent to the Probation Department for review and recommendation, the sentencing hearing will take place on May 4 at 1:30 p.m.

Cole Mayer

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