Second trial starts in botched Santa Rosa jewelry store robbery

As his trial opened Monday, an Oakland man serving as his own lawyer in the botched armed robbery of a Santa Rosa jewelry store in which he and two others were shot, apparently had a change of heart and asked the judge to appoint an attorney to represent him.

Jimmy Lee Terry, 45, who faces life in prison if convicted in the July 2014 holdup, had previously fired his court-assigned lawyer and insisted on representing himself, despite warnings from Judge Dana Simonds.

But after sitting through prosecutor Mark Urioste’s opening statement and hearing the first witness - a Bennett Valley Jewelers clerk who narrated a video of Terry using her as a human shield - the ex-con with a history of violent crime asked for legal counsel.

Simonds, who indicated she would likely turn down the request, is expected to render a decision this morning.

The California Supreme Court has ruled against such mid-trial changes, finding them overly disruptive.

The turnabout came more than 21/2 years after Terry and accomplice Johnny Tasker Douglas, 36, also of the East Bay, are suspected of storming the Yulupa Avenue store that specializes in the sale of high-end Rolex watches.

In the video, a masked man identified as Terry can be seen pointing a gun at clerk Suzanne Dodd, 67, before grabbing her around her neck.

Douglas is seen smashing glass cases with a crowbar and scooping up watches. But their heist is foiled by store co-owner Ty Visscher, who appears from the back with his own gun and exchanges fire with Terry. Terry, Douglas and Dodd were shot and injured. Last year, Douglas was sentenced to 11 years in prison.

Terry was to be tried separately. He received a lawyer from the Public Defender’s Office and was found mentally competent at a pretrial hearing.

But earlier this year, on the eve of trial, Terry dismissed the lawyer and announced he would represent himself. At jury selection, he questioned panelists almost exclusively about their favorite professional sports teams.

“He believes he can tell a lot about a person by what sports they like and their level of interest,” said Jim Baker, a Rohnert Park-based private investigator assigned to assist him with the case.

He also turned down a prosecution offer to settle for a 45-years-to-life prison term. He faces 216 years to life behind bars if convicted of all charges.

Terry gave no opening statement, exercising his option to make it after the prosecution rests in the trial, which is expected to run two weeks. And he limited his cross-examination of Dodd, the first witness, to one question about whether she believes he or Visscher fired the gun that shot her in both arms.

“I don’t know who shot me to this day,” she responded. “I never thought it was Ty.”

Terry had more questions for Visscher, who shot Terry at least three times, including once in the groin. It was an awkward exchange that began with Terry asking him, “How you doing today?”

Visscher stared at him across the courtroom and replied, “I’m good.”

You can reach Staff Writer Paul Payne at 707-568-5312 or paul.payne@pressdemocrat.com.