By Cheyenne Galloway
MODESTO, CA – Deputy District Attorney Michael Scheid and Deputy Public Defender Michael Bowler presented their pitches here Thursday in a misdemeanor case management conference hearing in Stanislaus County Superior Court for why the accused should obtain or be denied his own recognizance/no bail (OR) release.
Judge Shawn Bessey denied the OR release request.
DPD Bowler highlighted the accused’s diminutive criminal history, stating he had “virtually no criminal history.” In addition, the defense detailed the accused’s ties to the community.
The accused reportedly failed to appear in court once, back in March; however, DPD Bowler credited this absence to the accused’s out-of-state job and inability to appear on his court date.
The accused no longer works at the out-of-state job that prevented his presence in court back in March, and works locally, according to DPD Bowler.
DPD Bowler explained the accused has two daughters, five and eight, parents who live in town and his own place to stay, adding, “I’m trying to set up a situation where he receives counseling. The people have graciously agreed to keep the offer open, so I can get something like that to get leverage over the strike charge.”
DDA Scheid’s greatest concern with an OR release is that the accused has not shown himself in court since March, adding, “All of this [the accused’s situation and request for OR] was picked up because of a new case. In addition, we just learned that the accused spent some of that time out of state, so for those reasons.”
In response, DPD Bowler said, “I would just like to remind the court that he’s not leaving the state and not coming back; he obviously came back, and it is for work.”
The court’s biggest concern presented by Judge Bessey is the warrant for his arrest has been out for nine months without any action by the accused until there was a new arrest alleging domestic violence, which was eventually reduced to a misdemeanor, according to the complaint.
Judge Bessey concluded the hearing by denying the OR release request while assigning at least one AA session a week, issuing a protective order, and reducing the accused’s bail to $25,000 in case CR-226841 and to $5,000 in case CR-23-014524 because, the judge said, of the accused’s lack of a criminal history.
The court will reconvene Feb. 2, 2024, for another early case management conference.
