By Michael Apfel
MODESTO, CA – Judge Ricardo Córdova set the accused’s bail at $250,000 despite the defense providing evidence of the accused’s good reputation, lack of violent criminal history and his connection with his family.
A preliminary examination in Stanislaus County Superior Court last week ended with the court finding sufficient evidence of the accused’s charges, felony continuous sexual abuse of a minor and felony sex with a minor under age 10.
After witnesses were examined and evidence was presented to the court, Judge Córdova ruled there was enough evidence to go to trial, and proposed the parties would address matters of the accused’s bail.
Bail was $250,000 in the beginning of arguments, with defense counsel Ryan Roth immediately challenging the amount, reassuring the court that a reduced bail could be met.
“Financially speaking, he doesn’t have any assets or income at the moment, but he does have the ability to, should he be able to make bail, to get back in the employment he was in before this happened,” said Roth.
“That’s been confirmed. The more significant concerns are where he would be living or whether he would be able to contact the alleged victim. (the accused’s) family is here in court…(he) would be able to stay with his mom and the rest of his family that would have no contact with his family.”
Roth urged the court that the bail was excessive and could not possibly be paid by the accused or his family.
“Effectively, the way the bail is set now at $250,000, it’s no bail for him,” said Roth, re-emphasizing the accused “doesn’t have the funds to put up bail.”
Arguments in support of a lower bail focused on the accused’s good character, citing the accused’s overall good community standing and lack of violent criminal record.
The accused’s “ties to the community are long standing,” said Roth. He “would only be a risk to that particular individual, and I understand there is already a protective order that has been put in place. I don’t think he’d be opposed to any other conditions that would further ensure (he) would be in contact with them.”
Deputy District Attorney Samuel Luzadas noted the accused’s criminal history, citing two prior DUIs, a misdemeanor for driving with a suspended license, a misdemeanor for driving without a court-ordered alcohol interlock device, and a misdemeanor in Alameda County for providing false insurance information, the most recent of these crimes occurring in 2012. The defense noted the length of time since the most recent offense and their non serious nature.
“There’s no recent history,” said Roth. “Nothing serious.”
DDA Luzadas argued that the nature of the charges and the force used in the allegations further justified the bail, citing witness testimony that the accused continued when (the alleged victim) said stop multiple times.
After Judge Córdova asked the prosecution to further justify the charges, Luzadas said the accused possessed a loaded firearm when the alleged victim’s mother confronted the accused and made suicidal comments. These comments and the evidence of the accused’s loaded firearm were in discovery.
“The fact of (the accused) loading a gun and cocking it as well is concerning to me,” said Judge Córdova. “I’ve got a public safety concern in addition to the seriousness of this particular charge, so I have to (set) bail at $250,000 if (he) is going to be released.”
The defense argued the accused never pointed the firearm at anyone, but his act of loading and cocking the firearm in the manner which he did was sufficiently concerning to Judge Córdova.
