SAN FRANCISCO — Despite both the prosecution and defense agreeing that the accused’s fentanyl possession charges are nonviolent and should be reconsidered under California Supreme Court precedent, a San Francisco judge delayed ruling on new bail conditions July 1, leaving the accused in custody for at least another week while he reviewed the case.
On July 1, 2026, in Department 16 at the San Francisco Hall of Justice, Judge Kenneth Wine continued a bail motion, requiring the accused to remain in custody because he had just received the case and needed to review both recommended bail conditions before ruling. Despite a previous assertion by another prosecutor that the accused’s charges were violent, both Deputy Public Defender Latisha McCray and Deputy District Attorney Dennis Guzman agreed the charges did not qualify as crimes of violence, leading to a rehearing.
Previously, two attempts to obtain a bail motion referral to ACM (Assertive Case Management) and ICR (in-custody referral) ACM were denied because of the prosecution’s argument that the narcotics possession charges constituted violence. When the charges were later reclassified as nonviolent felonies, the case was, as DDA Guzman said, “squarely out of Article 1, Section 12,” meaning the accused was required to be released on bail by sufficient sureties.
DPD McCray requested the accused’s release on his own recognizance. However, recognizing the prosecution might not agree to that request, McCray offered an alternative: if the prosecution was unwilling to release the accused to his home, the defense preferred that he be released to a residential treatment program or ACM.
DDA Guzman said the accused possessed a large quantity of fentanyl. However, he agreed the offense was not a crime of violence.
DDA Guzman said he “did not oppose” a request for rehearing under Kowalczyk and asked that, if the accused were released under Kowalczyk, the court impose either home release with electronic monitoring or home detention in addition to placement in a treatment facility. DDA Guzman also proposed electronic monitoring or home detention so the accused would not return to locations where narcotics were sold.
Both DPD McCray and DDA Guzman agreed to seek nonfinancial alternatives to bail for the accused under Kowalczyk.
Judge Wine said he had “just got this case ten minutes ago,” so he needed time to review it.
Additionally, ACM requested a one-week continuance to arrange placement in a residential treatment program. Judge Wine said the matter would be reviewed in one week.
The accused will remain in custody until the case is revisited July 8, 2026, despite both attorneys agreeing that the accused should be released under new nonfinancial bail conditions.
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