Conviction of Sailor in Assault Will Stand as Is

A Superior Court judge Tuesday left intact the felony conviction of a Navy Seal who brutally assaulted a woman in 1986.

Petty Officer Theodore Fitzhenry, 25, pleaded guilty in September, 1986, in the beating of Border Patrol Agent Theresa Valenzuela, 34, in a Coronado bar. Judge Richard Haden put Fitzhenry on five years’ probation, ordered him to complete a 180-day work-furlough sentence, restricted him to the Naval Amphibious Base at Coronado for an additional 180 days and ordered him to pay a $1,000 fine.

One year after his conviction, Fitzhenry’s attorney, Donovan Dunnion, petitioned Haden to reduce his client’s conviction to a misdemeanor at one of the periodic review hearings scheduled by the judge after sentencing Fitzhenry. Dunnion argued that if the conviction were not reduced, Fitzhenry would not be allowed to remain in the Navy and a member of the Seals, a specialized, elite unit.

However, a Navy spokesman said Tuesday that officials have decided to allow Fitzhenry to remain in the Navy, at the urging of his commanding officer, Cmdr. Gary Stubblefield, despite the felony conviction. Senior Chief Petty Officer Steve Hiney said that Fitzhenry has been closely supervised by Stubblefield and the Navy is satisfied that he has learned from his experience.

Worked With Navy Brass

Haden has also worked with Navy officials in seeing that Fitzhenry is closely supervised, Hiney said.

“He has received close supervision and discipline and grown to be a better sailor. He’s learned from this experience and he’s turning out to be a pretty good petty officer,” Hiney said.

On Tuesday, Haden said that he was ending the periodic review hearings and did not address the issue of a conviction reduction, and Dunnion did not petition for one. Instead, Haden ordered Fitzhenry to make $14,000 in restitution to the state crime victims fund to help pay for Valenzuela’s medical expenses.

Proposal Angers Valenzuela

The earlier appeal by Dunnion to reduce Fitzhenry’s conviction angered Valenzuela and her supporters, who appeared in court and urged Haden to reject the motion. Haden agreed with Valenzuela, but at the September hearing he scheduled another review hearing for December. At the time, Valenzuela said that she expected Fitzhenry to request a reduction in his felony conviction again.

During Tuesday’s hearing, Haden said that he would allow Fitzhenry to leave in January on an overseas assignment as long as he keeps his probation officer apprised of his whereabouts and continues to make restitution. Judith Rowland, an attorney for Valenzuela, said that Fitzhenry has made about $6,000 in payments at a rate of $225 per month.

The case has attracted wide media coverage because of Fitzhenry’s request that the conviction be reduced to a misdemeanor and because Haden and defense attorney Dunnion are both officers in the Navy Reserve. At the 1986 sentencing, Haden expressed admiration for Fitzhenry’s military record and said that he wanted to “keep” him in the Navy.

Valenzuela and Rowland had complained that Haden had scheduled the unusual review hearings in order to allow Dunnion to argue for a reduction in the felony conviction. But on Tuesday, Haden had an in-chambers meeting with both sides “to explain” the hearings.

After the private meeting, Haden said in court that he had ordered the hearings for Valenzuela’s benefit.

Wanted Restitution

“The court’s interest was in seeing that the defendant paid his restitution and paid his time in custody,” Haden said. The judge explained that he had decided to schedule the hearings after Valenzuela expressed concern that Fitzhenry might not make restitution.

Rowland agreed that there had been some confusion over the purpose of the review hearings.

“Clearly, it was Theresa’s feeling that she had to come back and re-litigate this case every six months, after Fitzhenry’s conviction,” said Rowland.

Under the law, Fitzhenry can still return to court and ask Haden or another judge to reduce his assault conviction to a misdemeanor.