MODESTO, CA – Stanislaus Superior Court Judge Linda A. McFadden Monday decided not to reduce bail for an accused individual who faced what the defense argued to be an unaffordable bail.
The accused is facing domestic violence charges, and coupled with the accused’s criminal history these are what Judge McFadden called deciding factors in not removing bail, and agreeing with the prosecution’s argument the accused posed a risk to public safety.
Deputy District Attorney Elizabeth Allen De Jong also made note of two prior domestic violence charges, one in 2018 and one in 2020, commenting, “We believe it is a safety concern for the victim in this case, and other female victims.”
However, DDA De Jong also relayed some contradictory information she had received via phone call with the victim.
“I did speak with her on the phone today, she did say, quote, ‘I don’t know why I did that, I lied,’” said DDA De Jong. “I terminated the conversation and encouraged her to come fill out any type of paperwork at our office, since I didn’t have law enforcement present to make a report.”
“I don’t believe he’s a danger to society. The only (presumed) victim is the listed victim and the only violent interactions have been (alleged) with her. He is willing to stay away from her,” said the accused’s defense attorney, adding the accused would be willing to stay with his son, who lives apart from the alleged victim.
“He should stay away from her, but other than that, there are means to keep him away from her and he would be willing to abide by those conditions,” continued the defense.
Judge McFadden confirmed the accused had recently completed his assigned post-release community supervision, and noted there had been several flash incarcerations.
DDA De Jong did not know if the past incarcerations involved the same victim for this charge. The accused’s defense attorney claimed each domestic violence charge involved the same victim.
Ultimately, Judge McFadden chose to meet somewhere in the middle of the defense’s and the prosecution’s requests.
“For his safety and the safety of our public right now, I’m going to deny the request to reduce bail. I won’t grant the request to set no bail, but that’s what I would be doing,” said Judge McFadden, adding that under different conditions, the court would set no bail for the accused because she felt that he “represents a serious danger.”
Judge McFadden cited previous domestic violence charges, other charges involving violence, and a failure to “follow the rules” in her reasoning for denying bail reduction.
She also briefly mentioned past transgressions that occurred between the accused and law enforcement agents, involving lying about his identity and being confrontational.
The court set the preliminary examination hearing for July 24.
