A former Merced County Sheriff’s sergeant accused of using excessive force will have to wait until 2026 for his day in court because his attorney was recently appointed as a judge.

Former Sgt. Dustin Witt appeared in court Nov. 17 and was ordered to return in January.

Merced County District Attorney Nicole Silveira charged Witt with two counts of felony assault stemming from a March 2023 incident involving a driver who was allegedly under the influence.

Witt pleaded not guilty to the charges.

It’s at least the 1oth time the preliminary hearing has been continued in the past two years due to witnesses’ unavailability and the need to gather more evidence.

Now, the preliminary hearing was delayed again as Witt finds a new defense attorney. Roger Wilson, who has represented Witt thus far, was appointed by Gov. Gavin Newsom to be a Superior Court judge in Tulare County.

Witt will need time to identify a new legal team, according to a Nov. 11 motion filed by the defense.

Sergeant Stops Driver During Suspected DUI

In March 2023, then-Sgt. Witt pulled over Louis Jackson for a suspected DUI.

“There’s no need for a sobriety test.,I’m drunk. I’ve been drinking,” Jackson said in body-cam footage released by the Merced County Sheriff’s Office.

Moments later, Jackson questioned Witt’s comment toward his girlfriend. Jackson swung his arm at Witt, but did not hit him, the video shows. Another deputy tased Jackson as Witt threw him to the ground, the video shows. Witt kicked Jackson multiple times before holding his foot on Jackson’s neck. The accompanying deputy grabbed Witt’s arm to stop him from further kicking Jackson.

The Sheriff’s Office reviewed the footage and initiated an internal affairs investigation and requested a review from the District Attorney.

Silveira’s office charged Witt with assault by a peace officer and assault by means of force, with an enhancement of great bodily injury. Deputy District Attorney Kayla Boyer is prosecuting the case.

Witt’s Actions ‘Unacceptable,’ Says Sheriff Warnke

“Sgt. Witt’s actions are unacceptable and does not reflect the training and professional standards taught by the Merced County Sheriff’s Office,” Sheriff Vern Warnke said in a video statement published on social media.

Witt resigned from the Merced County Sheriff’s Office in June 2023.

The maximum sentence Witt could face is six years in prison, according to Silveira. He is currently free on bond.

Silveira and Boyer were unable to comment further since the case is pending. Wilson did not return multiple calls for comment.

Five years prior, Witt faced a misdemeanor public disturbance charge after a drunken bar fight involving other deputies on West Main Street in downtown Merced.

Witt was ordered to complete community service hours and anger management classes.

About the Reporter

Elizabeth Wilson is the public safety reporter for The Merced FOCUS.