Convicted for Ceres attempted burglary, other crime. His age factored in parole decision
A 71-year-old man convicted of attempted residential burglary and being a felon in possession of a firearm was found suitable for parole, the Stanislaus County District Attorney’s Office said on Tuesday.
Steve Lawrence Schmidt was convicted in 1999 by a Stanislaus County Superior Court jury, according to a press release from the DA’s office. The jury also found that Schmidt had been convicted of five previous serious or violent felonies that qualified under California’s “Three Strikes” law, as well as having been sent to prison on six prior occasions.
Schmidt was sentenced to serve 25 years to life in state prison.
On the evening of Feb. 26, 1998, Ceres police were called to a home where Schmidt and an accomplice were attempting to force entry, according to the release. When officers confronted them, the accomplice ignored commands, pulled out a handgun, pointed it at police and was shot and killed.
Schmidt fled over the fence and ran but was caught and struggled with police before being handcuffed. The release said officers found a large fixed blade hunting knife in Schmidt’s left boot, a loaded handgun tucked in his front waistband, a smaller caliber loaded handgun in his left boot, a “butterfly” style knife in his front shirt pocket and another knife in a shirt sleeve. A blood test taken after the arrest showed opiates in his system.
Schmidt had a criminal history including convictions for robbery, involuntary manslaughter, kidnapping, assault with a deadly weapon, being a felon in possession of a firearm, robbery with a gun, residential burglary and drug possession, according to the release.
During his time in prison, Schmidt committed rule violations, including smoking, being out of bounds, possession of tattoo paraphernalia, manufacturing alcohol, possessing alcohol and refusing to report to assignment, the release said, with his last violation happening in 2010.
The opinion of a prison psychologist who did a comprehensive risk assessment was that Schmidt represented a low risk for future violence if released due to his advanced age and age-related physical disabilities, the release said.
At the hearing, Deputy District Attorney Jonathan Lee argued against Schmidt’s release based on factors including the violent nature of his prior convictions and his rule violations during incarceration, according to the release.
The State Board of Parole Hearings found Schmidt no longer posed an unreasonable risk to public safety, the release said, and was suitable for parole based on factors including his age, the prison psychologist’s evaluation, that he had no serious rule violations in 10 years and that he had completed self-help programming. It was Schmidt’s only parole hearing.
