SAN FRANCISCO, CA – After hearing evidence the accused was possibly misidentified, San Francisco County Superior Court Judge Daniel A. Flores ruled the accused should be released on no-monetary bail in a hearing Thursday at a San Francisco County courthouse.
The charges the accused man is facing include assault upon a peace officer with force likely to cause great bodily injury, evading an officer with willful disregard, and resisting, obstructing, delaying of a peace officer or EMT.
Deputy Public Defender Leo Fissel asked the court to release the accused on his own recognizance (no bail), or the setting of affordable bail.
Judge Flores stated, “After reviewing the evidence (video, photos, and post-arrest mugshots), I am significantly persuaded this may not be the right person.”
Despite the evidence, Deputy District Attorney Arron Johnson strongly opposed the accused’s release, and argued a previous judge in Department 10 had reviewed the same evidence and still found grounds to deny the accused’s release.
Judge Flores reminded all the parties that he was ruling on whether or not to grant a motion, not whether the accused was innocent or guilty of the charges brought against him.
Judge Flores presented the accused with the terms and conditions of his release, including the accused was to check in with ACM (Assertive Case Management) the following day for a pretrial diversion assessment and remain in contact with that department twice a week, once in person and once over the phone.
The accused also must agree to not drive a motor vehicle or have weapons on his person in public at any time, nor is he to visit the location where he was arrested.
Appreciate the court watch coverage. Given the change in law with the Humphrey’s case no cash bail releases have increased. But as someone who has worked in the criminal courts in LA for 20 years, when ever I read “no bail” I immediately think the court has issues a NO BAIL hold which means they cannot get released. Release on own recognizance (OR) should be all that needs to be said. Maybe the court released him without posting a bond or paying to get released would clear up confusion.
Keep up with the good work.
Best wishes, Karl Fenske