Nelly Gackowska, 60, scheduled to be arraigned on Jan. 23
Rebecca Brand, above, said Nelly Gackowska, 60, attacked her with Ms. Brand’s cell phone. Ms. Gackowska’s arraignment on charges of second-degree robbery and grand theft from a person is set for Jan. 23 in Santa Barbara County Superior Court.
The case against a transient woman charged with using force and fear to seize a cell phone from someone who says she witnessed her throw a rock and shatter an upper State Street restaurant window is heading toward trial, prosecutors said.
The defendant, Nelly Gackowska, 60, is charged with second-degree robbery and grand theft from a person, both felonies, in connection with the Christmas Eve incident. She’s pleaded not guilty.
The alleged witness, Rebecca Brand, says she saw Ms. Gackowska throw the rock that broke the front window at Rudy’s restaurant, and that the defendant took her cell phone because she took pictures and was in the middle of a 9-1-1 call.
Ms. Brand claims the defendant injured her by repeatedly slamming the cell phone against her thigh while trying to pry it from Ms. Brand’s hand, and that the alleged attack left her with a large bruise. (Ms. Brand sent a photo of the bruise to the News-Press.)
A preliminary hearing Tuesday ended with the judge issuing a holding order against Ms. Gackowska.
Rebecca Brand saw the window of Rudy’s restaurant on upper State Street shattered on Christmas Eve.
“A holding order is when a judge holds the defendant to answer on the charges,” Deputy District Attorney Elizabeth Branch told the News-Press. “So basically, the judge found the charges to be true.”
Ms. Gackowska is due back in court Jan. 23 to be arraigned on the “information” filed against her.
“That’s what a complaint is called post-prelim, where she will have the opportunity to plead guilty/not guilty again,” the prosecutor said.
Ms. Brand did not testify at the preliminary hearing. Ms. Branch, instead, relied on police testimony and evidence.
Ms. Gackowska served as her own attorney at the preliminary hearing.
“A public defender was offered to her, but she chose to represent herself,” the prosecutor said.
If convicted, the maximum sentence she could receive is five years in prison.
There’s been some confusion as to whether she also will be charged for allegedly throwing the rock that broke the restaurant’s window.
Ms. Brand said she was told no charges would be filed for that, but that she spoke to a Rudy’s spokeswoman who said the eatery wants to press charges against Ms. Gackowska.
“We are waiting on more information before making a filing decision on the breaking of the window,” Ms. Branch said.
email: nhartsteinnewspress@gmail.com
