ORANGE COUNTY, Calif. — A judge on Friday declined to reduce a $200,000 bail for an accused person facing multiple felony charges, rejecting defense arguments that nonfinancial alternatives should be explored and that the accused could not afford bail.
After a lively debate Feb. 2 at the Newport Beach Harbor Justice Center over whether nonfinancial release options were appropriate, Judge Karen L. Robinson ruled that bail would remain unchanged for the accused, who is facing two felony charges.
According to court records, the accused faces four counts: possession of a firearm by a felon, a secondary offense committed while released from custody, unlawful carrying of a loaded firearm in public, and a prohibited person owning ammunition.
The deputy public defender disputed the prosecution’s characterization of the alleged offense, arguing that the district attorney’s description was “inaccurate regarding the use of a firearm.” The defense also argued that neither the current complaint nor the alleged conduct warranted a sentence of 25 years to life.
According to the defense, the accused had been drugged and assaulted after denouncing gang involvement, resulting in a facial slash and a three-day stay in the intensive care unit. Counsel said the accused “did not feel safe in custody” and argued that the circumstances amounted to violations of the 8th and 14th amendments.
The defense asked the court to consider a significantly reduced bail amount or an alternative custodial placement at the Santa Ana City Jail rather than the Orange County Jail, citing People v. Humphrey in support of reasonable bail.
Judge Robinson noted that financial documentation had been submitted for review and asked the defense to provide supporting evidence.
In response, the deputy public defender said the accused could not afford bail at any level, citing unemployment during incarceration. Prior to the alleged offense, the accused worked in construction earning about $18 an hour to support a wife and three adult children.
The defense added that the accused drives a 2002 Chevrolet truck valued at approximately $2,000, while the wife owns a 2013 Toyota Highlander valued at about $10,000, with the outstanding loan exceeding the vehicle’s value.
The defense also stated that the accused had no money in his bank account and that the wife had approximately $700 remaining. Each adult child contributes about $500 per month, totaling $1,500, while monthly rent for the household is $3,800, according to the defense.
The deputy district attorney opposed a bail reduction, saying that in similar firearm possession cases, bail has been set as high as $1 million. The prosecutor recounted the alleged facts, stating that the accused had been with a female acquaintance engaged in selling drugs and that the woman fled the scene.
The prosecutor also argued that the accused pursued her in a truck while in possession of a loaded firearm, quoting the accused as saying the gun “belonged to the homies in the hood,” which the prosecutor said demonstrated gang association.
In response to the defense proposals, Judge Robinson said the alleged conduct indicated that financial bail would have “no bearing” on the accused’s behavior. Robinson concluded that the accused would pose a danger to the public if released and that home confinement would not sufficiently mitigate that risk.
Bail was ordered to remain at $200,000. The case is scheduled to reconvenein three weeks.
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