By Kalani Gaines
SACRAMENTO – Moheb Akbar, who is studying here on a student visa, originally had his bail scheduled at $25,000 for being charged with criminal threats and assault with force, but was instead released from custody after the judge’s decision Tuesday in Sacramento County Superior Court.
During his pre-trial hearing, Akbar had to deal with two essential things for him as a student here on a visa after his drunk driving incident—a place to stay and his passport.
Akbar came here a few years ago from Afghanistan on a full scholarship to pursue his degree in Economics at the University of Oklahoma. While attending the university online due to COVID-19, he was living with his cousin and their roommate here in Sacramento, until things turned violent in their home one night.
A night of alleged drinking led to Akbar consuming too much alcohol and becoming violent with the victim, his cousin, as well as punching through a window in his apartment.
Assistant Public Defender Susanne Martin requested Akbar be released on his own recognizance and assured the defendant’s character through his current educational pursuit, noting that he only has six 
credits left to graduate and has more trainings to attend next year.
Martin added to her statement that the victim contacted her and tried to get through to Deputy District Attorney Kitty Tetraut to state he “wanted everybody to know that he does not want to press charges, that he wishes for Mr. Akbar to be released.”
Akbar also has no criminal record, as Martin made note of to the judge. She proceeded to give a summary of the incident that had occurred.
The victim and his roommate had told Akbar to stop drinking, which made Akbar angry.
Akbar then began to attack the victim until the roommate came between the two and got Akbar to leave the apartment. Akbar began to attack the victim once more when he came back, but then left again, this time breaking the window from the outside by punching it with his bare hands. His arm was injured enough to get stitches.
Martin concluded that neither the roommate nor victim had been injured.
Tetraut modified the facts of the incident stating, “The victim was injured on his neck from when the defendant was choking him. I believe he had, like, scratches on his neck.” In reference to the victim not wanting to press charges anymore, Tetraut stated that she was not sure if he was telling the truth, knowing about this injury from the incident.
Tetraut submitted to the court as to what they’d like to do with the bail as she recognized Akbar’s situation with school and nonexistent criminal record aside from the attack.
“Judge, I can also offer Mr. Akbar will be doing AA meetings certainly as condition for his release and whatever other conditions,” stated Martin.
“He has to surrender his passport,” the judge responded. “Are you willing to do that?”
Martin reassured Akbar that the passport suspension would be temporary; however, Akbar still displayed a sense of uncertainty with a pause.
“I would need a form of ID to travel to Oklahoma to take my exams because some exams I have to be physically present over there” he stated, “I don’t have any other form of identification.”
Akbar stated that he did not mind having to surrender his passport and that he would just need to apply for another form of ID.
The judge ordered several conditions of release. Akbar is to report to the Office of Pretrial Services for alcohol testing whenever asked and for clearance to travel to Oklahoma. He is also to attend Alcoholics Anonymous two times per week.
The judge decided to strike the matters of suspending Akbar’s passport in light of his statement.
Akbar still showed concern upon hearing this, asking, “If I’m in Oklahoma will I be having to do it in Oklahoma or will I be coming back and forth? I’m not sure.”
To this the judge responded, “You need to attend to this criminal case first. Sorry to say to you that has priority over your education because, I mean, the district attorney wants a felony out of this case which may totally affect your future.”
Upon affirmation from Akbar that he was willing to follow the conditions set forth, the judge proceeded to authorize his pretrial release. His next court date is on October 13.
To sign up for our new newsletter – Everyday Injustice – https://tinyurl.com/yyultcf9
