SAN DIEGO, Calif. — A homeless, undocumented immigrant with three children was released on supervised own recognizance after failing to appear at three court hearings, only to have his release rescinded because of his immigration status. The San Diego District Attorney’s Office under Summer Stephan had him extradited on his way back from Mexico as he turned himself in to Border Patrol out of guilt. Judge Euketa Oliver ruled in favor of the prosecution and raised bail to $150,000, sending the accused back to jail.
The accused was charged with felony theft by violence. A junior deputy district attorney from the San Diego District Attorney’s Office described the alleged crime as working with co-defendants “when they forced entry into the victim’s hotel room, assaulted the victim, and stole his laptop and cell phones, causing great bodily injury onto the victim.”
While the prosecutor argued that the accused had only missed his one felony readiness court date on Sept. 8, 2025, she still requested that he remain in custody because of the severe and violent nature of the crime.
But under the Humphrey decision, as emphasized by Judge Oliver in a previous case that day, Deputy Public Defender Kevin Haughton explained that the accused could not pay any bail. While the accused was trying to find work, he was still homeless and had three infants to help his children’s mother care for.
Haughton argued that the accused missed his felony readiness hearing because he did not know he could add himself to the court calendar, but that he taught him how to do so. He told the court the accused would not miss another hearing. Haughton requested one final chance to reinstate supervised release.
Judge Oliver granted the defense’s request, but less than 30 minutes later, the prosecutor approached the judge to bring the accused back. Within an hour, he had returned only for the prosecutor to highlight that he had gone to Mexico. She explained that the assigned attorney had issued an extradition hearing for the accused.
But Haughton countered that the accused was caught by Border Patrol at the U.S. entrance because he turned himself in out of a guilty conscience.
Haughton explained why the accused surrendered: “He understood that he was attempting to turn himself in. So, we would to abide by the earlier ruling (…) of supervised OR,” suggesting that he voluntarily turned himself in, knowing the consequences.
Haughton also promised to remind the accused that he cannot leave San Diego County without an administrative order from the court.
Despite these assurances, Judge Oliver ruled in favor of the prosecution and rescinded the accused’s supervised release on the grounds that he was a “flight risk.”
Oliver reasoned that the accused left the country intentionally because he signed the terms of the supervised release agreement in August and was caught at the border on Sept. 22, 2025. She called these dates “clear and convincing evidence.”
The accused will have to return to jail unless he pays the increased $150,000 bail, which Haughton already explained he cannot afford because he is a homeless, unemployed immigrant.
The next hearing is scheduled for Oct. 3, 2025, at 8:30 a.m. in Department 102.
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