NEWPORT BEACH, CA – Judge Derek Johnson, here Thursday during a bail hearing at Orange County Superior Court, preserved bail at $1 million after Deputy District Attorney Alexander Shaaban used crimes the accused was suspected, but not convicted of, to claim the accused was a danger to society.
The accused pleaded not guilty to the three counts of felony attempted robbery and two counts of felony second-degree robbery.
Deputy Public Defender Vu Tran argued the accused worked in construction, had three children (two of whom he supported), and could not pay bail under these current conditions.
In the current case, the accused was charged with two completed robberies with $13,500 taken, and had gone to banks giving notes to tellers demanding money.
The accused was previously arrested for suspected sale and possession of ammunition, but DPD Tran stated that only one set of bullets and no weapon were discovered in his vehicle.
DPD Tran asked Judge Johnson if the bail could be lowered to $100,000, saying, “I don’t even think (the accused) could afford $100,000… I would ask for $50,000 but I know” these are serious charges.”
“I’m asking for bail to remain at $1 million,” countered DDA Shaaban, “The defendant has a prior charge for a previous robbery where it was reduced to being an accessory… he has a colorful history of robberies.”
Concerning these allegations, DDA Shaaban said the accused had handed demanding notes and gestured as if he had a weapon, putting the bank tellers in fear.
DDA Shaaban added the accused “has been watched for a long time in other counties outside our jurisdiction. We believe he was involved in an event in LA… I’ve been in contact with the FBI,” but then admitted, “I understand there is no evidence” that definitively ties the accused to these other crimes.
DDA Shaaban then referred to a previous incident involving the accused where a scale was found in his car, along with 116 pills of amphetamine, 10 Xanax pills, and 10 baggies of cocaine found in his home, charging the accused is “a danger to the community and a flight risk.”
“Why is he a flight risk?” asked Judge Johnson.
“He’s facing several serious convictions,” argued DDA Shaaban, hastily adding, “According to the mother of his children, when we interviewed her” she denied anything involving drugs. But, she also rejected the claim the accused was currently working in construction, severing ties to the community.”
Judge Johnson looked again toward the prosecution, asking, “What is it about these notes that are putting these cashiers in fear?”
“He’s dressed in all black from head to toe making him unidentifiable… his notes listed demands such as ‘no alarms, no cops, hand over the money now’… His conduct beyond just the notes shows that he is a danger,” explained DDA Shaaban.
“The court finds clear and convincing evidence that [the accused] has presented a danger to the community; bail remains at $1 million,” decided Judge Johnson.
A preliminary hearing will be held Sept. 9.
