By Sara Naser, Angana Gurung, and Zara Bashir
SAN FRANCISCO — In the Hall of Justice during an arraignment on Monday, July 28, Deputy Public Defender Alexandra Stack requested to reduce the unauthorized entry of a dwelling charge against the accused, who used a hose from someone’s property to clean themselves and fill a water bottle. Deputy District Attorney Owen Nelson emphasized to Judge Brian J. Stretch that the accused has a record of multiple bench warrants.
Stack made her claim on a 991 Argument (Penal Code section 991) for Count 2, a motion asking the judge to decide if there is probable cause to believe that the crime was committed. Stack challenged the basis of the word “divert” used in Penal Code section 498b, as it would imply the accused took the hose off the property, thus diverting utility services.
According to the police report, there is nothing indicating the accused removed the hose; instead, he turned on the water. Stack therefore stated that the accused did not enter the property.
Nelson responded by arguing that the act was done “without the property owner’s authority or consent,” and therefore constituted trespassing. He then brought up pending cases, including multiple bench warrants between 2021 and 2024, which remain unresolved.
Stack responded that the accused’s last criminal conviction was in 2005 and requested diversion.
There was mention that “this case is from a year ago.”
Judge Stretch denied the motion, ruling that there was not enough probable cause based on the word “divert,” but granted the request for diversion.
He then concluded to proceed on a general time waiver, as Stack requested. Judge Stretch also wants to see the accused in person and has instructed them to return to court on Oct. 22 for a hearing regarding a diversion update, provided the accused stays 350 yards away from the location.
