By Neha Suri
ROSEVILLE, CA – After hearing concerns from the defense regarding the accused’s medical conditions, Judge Garen J. Horst ruled this Monday at the Placer County Superior Courthouse the accused will remain jailed for his probation violation despite presenting no flight risk.
The accused, who faces a violation of probation for being in possession of various types of pornography this past May, has been on formal probation since Nov. 2023 for a felony charge of possession or control of child pornography.
The Monday hearing was a pretrial conference for bail review.
Deputy Public Defender Shirley Yang argued the accused has no previous violations of probation filed against him, and lives in nearby Lincoln, taking care of his elderly father, mother, and stepmother, each with a host of medical problems.
The accused suffers from kidney issues, including Urinary Tract Infections, gallstones, the inability to take necessary medications while in jail because of side effects, and not being able to use his self-administered catheter for his kidney.
DPD Yang assured the court the accused was not a flight risk because of his nearby residence, host of medical conditions, providing care for his elderly parents, and full-time employment.
As a result, the defense asked for the accused to be released on his own recognizance with GPS tracking.
Deputy District Attorney Tara M. Crabill disagreed with the defense’s pleas, stating the accused had a past history of sex related offenses and two probation violations in April and May of this year respectively, both related to his initial charge.
The first violation constituted the accused deleting his browser history and the second involved the possession of two new cell phones not disclosed to probation officers.
DDA Crabill also described the accused’s previous criminal history involving an incident when he was a bus driver and had committed sexual offenses against a 16 year old girl.
Judge Horst ultimately ruled the accused was a danger to the community and would remain in jail without bail.
He then turned to the accused and expressed sympathy for his medical conditions but stated he would need more evidence, such as medical records stating what the jail can and cannot do in order to release him.
The accused then told Judge Horst that such medical reports should be in his file, adding that in addition to his own serious kidney and other medical issues, he also had to take care of his family, gesturing to his mother present in the courtroom.
Judge Horst replied that there were no such medical documents in the accused’s files and that the accused should come back when he has such information. The matter was continued by both parties.
The accused is set to come back Sept. 12 for a contested hearing.
