One of the students accused of shooting guns and storing a large firearms stash on Cal Poly’s campus was sentenced to 210 days in San Luis Obispo County Jail on Wednesday morning.
Brandon Pham burst into tears upon hearing the decision of the judge, who urged him to make the most of his life going forward.
“Let this serve as a lesson,” San Luis Obispo Superior Court Judge Catherine Swysen told Pham before he was taken to jail. “You have your whole life ahead of you.”
Charles Hojaboom and Pham, both 20, were arrested by Cal Poly police on Nov. 11 after officers found the two students along Poly Canyon Road in possession of a shotgun; a loaded, concealed pistol; and a knife, Cal Poly spokesperson Matt Lazier told The Tribune at the time.
The officers also found a nearby campus sign with bullet holes, he said.
Texts and videos show the two students shot guns on campus at least four times, court records showed, including into the ceiling of Hojaboom’s campus apartment.
Pham pleaded no contest to three felony counts of possession of a loaded firearm on a college campus and felony shooting at an inhabited dwelling on Aug. 14, court records showed. His other charges were dismissed.
As for Hojaboom, a judge found doubt in his competence to stand trial on May 29, records showed. A judge will determine his competency in a court trial on Sept. 30.
He remains in custody at SLO County Jail with no bail.
Attorney asked for probation and limited jail time
During Pham’s sentencing hearing Wednesday, his attorney Adrienne Haddad asked for probation in lieu of state prison time and asked for jail time of 180 days — the minimum required for the crimes.
She noted Pham’s clear remorse and accountability for his actions. She added that while the actions were irresponsible, there was no intent to harm anyone and no one was actually harmed.
San Luis Obispo County Deputy District Attorney Ben Blumenthal agreed Pham should serve probation in lieu of state prison, but asked the judge to impose 270 days in jail, the term recommended by probation. He said that while he understood Pham was remorseful, the actions were extremely reckless and had the potential to kill someone.
Swysen met the prosecution and defense in the middle, imposing a 210-day jail sentence along with two years of probation and 60 hours of community service.
As she read the sentence, Pham began to cry.
Swysen said that while it was clear Pham was remorseful for his actions, his conduct could not be without consequences.
“It placed an entire campus on high alert and anxiety,” she said, adding that the psychological harm by Pham’s actions could not be undermined, especially in an age where school shootings have become increasingly more common.
Swysen encourage Pham to use the time during his sentence and probation to reflect on his actions and pursue a life as a law-abiding citizen.
Pham continued to cry as the bailiff handcuffed his wrists.
“I really do wish you the best,” Blumenthal told Pham before leaving the courtroom.
“Thank you,” Pham replied.
Pham was taken to jail immediately after his sentencing. With good behavior, he’s expected to serve 105 days in custody. If he chooses to apply for alternative sentencing, he may be eligible for house arrest in lieu of jail housing.
Students banned from Cal Poly campus after arrests
Both Hojaboom and Pham originally posted bail Nov. 12, the day after they were arrested, but Hojaboom was taken back into custody after a Dec. 14 court hearing in which San Luis Obispo Superior Court Judge Timothy Covello found Hojaboom was a danger to the public and increased his bail to no bail.
Restraining orders prohibiting Pham and Hojaboom from entering Cal Poly’s campus and from being able to legally buy a gun remained in place.
Hojaboom and Pham were both charged with four counts of possession of a loaded firearm on a college campus, possession of a knife on a college campus, discharging a firearm with gross negligence — with a sentencing enhancement for a serious felony — and shooting at an inhabited dwelling.
Hojaboom was also charged with misdemeanor possession of tools with intent to commit vandalism, court records showed, and Pham was charged with misdemeanor possession of a stun gun on a college campus.
The two pleaded not guilty to the crimes in January.
