By Nikki Suzani
SACRAMENTO – In the case of defendant Tiffany Fowler, mother of three and accused of first-degree residential burglary, misdemeanor possession, domestic violence, and possession of illegal substances, the primary question came down to whether the court’s mistake warranted release on her own recognizance.
It did not, and because of the court’s mistake and her subsequent arrest, her total bail increased by 50 percent.
Assistant Public Defender Mirayla Freshwater argued that in Fowler’s May 21 case, where she posted bail in the amount of $50,000 for her burglary and domestic violence cases, she was told that her upcoming court date was in July, instead of the actual date set, May 26.
When she failed to show up, a court-issued a warrant due to “willful failure to appear,” which allowed officers to not only find her but also search her registered vehicle, finding brass knuckles and heroin within it. Freshwater argued that the case, which is zero dollar bail eligible, would not “survive a motion to suppress” given that Fowler did not willfully fail to appear but was told the wrong date.
“Given the court date miscommunication, I would ask for the court to exonerate the bond and OR [own recognizance] her so she doesn’t have to give the bondsman additional money for resumption,” she said. “If not, we ask that bail in total be set at $50,000, the previous amount she could pay.”
Freshwater argued that the fact that Fowler had no prior convictions and no previous history of failing to appear (the latter being a miscommunication), she would return to court. Freshwater added that Fowler had lost her job because of COVID-19.
“She can’t afford any greater amount of bail,” Freshwater said. “If she had the right court date and had come to court, this bail wouldn’t even be an issue.”
Deputy District Attorney Anissa Galata disagreed, arguing that not only should the bail on the burglary case be raised to the bail schedule amount, greater than the current amount of $25,000, the 
fact that she had four pending cases made her a flight risk.
“I think she is a flight risk based on the cases presented to court,” Galata said. “And I think she is a risk to public safety,” Galata said, highlighting the fact that the cases were consecutive, all happening between Nov. 2019 and May 2020.
Galata also went into detail about the violent nature of the allegations. She explained that the domestic abuse case involved grabbing a bat and striking the victim in the head multiple times, causing head trauma and bleeding and the June 5 case involving heroin also showed the defendant had metal knuckles with skulls on them.
Finally, she stated that the burglary, which Fowler was charged in with a codefendant, involved stealing over $4,000 worth of tools and breaking into a victim’s house.
Freshwater responded that Fowlers’ ties to the community, parenting three kids ages 14, 13, and 6, taking care of her mother who has a brain tumor, and the fact that she’s lived in Sacramento her entire life proved that she would not disappear.
“She would not be able to afford to abscond with that money, especially given that she has three children to care for and her mother is ill with a brain tumor, and she’s also charged with taking care of her,” Freshwater said. “I don’t think there’s any reason for the court to think that a woman who has lived in Sacramento for 30 years and has these ties will not come to court. There are other methods the court has besides bail to ensure she returns.”
Tedmon quickly confirmed the mistake on the court date. However, he did not grant Freshwater’s motion for release on own recognizance.
“I understand your argument that her obligations to her family are significant,” Tedmon said. “But the activity she has been charged with is of concern to the court in terms of public safety. I don’t believe, based on everything I have before me, that this is an appropriate case for own recognizance.”
At first, he set own recognizance on the case involving the possession of heroin and metal knuckles. However, after reviewing the file, he realized that Fowler had, after being informed of her Miranda rights, admitted to possession of the knuckles and heroin. With that in mind, he chose to subject her to a Level 4 release, with the added term that she must not use illegal drugs during the release period.
He then set bail at $25,000 and the $50,000 previously posted for burglary was reinstated, with no need for resumption. On Fowler’s request, he also mandated a call between Fowler and the bondsman within 24 hours, to see if it was possible for her to pay her bail and to clear up the previous charge.
Fowler’s next arraignment will be on June 18, 8:30 a.m. in Dept 60.
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