By Audrey Sawyer
MODESTO, CA – A man accused of multiple (five) cases of driving under the influence/DUI—who was evicted and had to move out of his rental—was found to not have enough of a “change of circumstances,” according to Judge Shawn Bessey, who kept the man’s bail at $9,000 here in Stanislaus County Superior Court this week.
The previous bail review took place last month, but Deputy Public Defender Ryan Bowler said his client’s circumstances were now different, noting, “His family and him were recently evicted out of their housing. While not fully evicted, they had received an eviction notice and had agreed to move out of the rental in exchange for no actual eviction.”
The accused was the breadwinner of the family, self-employed as a handyman and working various construction jobs, added DPD Bowler. He said construction work is very seasonal depending on how much work is in demand or what the weather is like, and the accused usually earns around $4,000 to $6,000 monthly.
The accused has three children, and while DPD Bowler said they currently are residing with an aunt, he said the accused is supporting them. In addition, the accused recently had a close cousin die in May, which put a “significant strain on the family.”
Despite the defense arguments, Deputy District Attorney Viridiana Raya argued for concern not only for the public, but for his family, emphasizing all five cases involved alcohol use and DUIs.
She referenced a particular case where the accused had been out on bail on a 2023 case, and then was arrested for another DUI felony. Because of this, DDA Raya charged the accused as a “danger on the streets.”
DPD Bowler told the court that his client would be willing to abide by any restrictions the court would place on him about bail, adding his client is already trying to tackle his issues with alcohol and has denied some of the alleged DUIs.
DDA Raya pushed back by claiming that in one of the cases, one of the accused children had to take possession of the wheel in order to keep the car from colliding. Raya used this as reasoning for denying release and reduction of bail, commenting, “I know he’s trying to get out to support his children but I’m concerned for them as well.”
Judge Bessey said it appeared the accused seemed to have a clear issue with alcohol and with complying with rules and laws of driving under the influence.
Added the judge, “The allegation is that he caused not only great bodily injury to another person. There are concerns to not only public safety but also to his family.”
The judge argued, “I won’t release him with that many DUI cases, as it is a public safety concern,” and insisted there were no “noted change of circumstances”—apparently ignoring the accused was, in effect, kicked out of his rental.
The accused, still in jail, requested time to seek private counsel. The case returns Dec. 21.
