SAN FRANCISCO — Despite defense arguments that any monetary bail was unreasonable under Kowalczyk because the accused was indigent, a San Francisco Superior Court judge set bail at $50 during a custody status hearing July 8 in Department 20.
Judge Gloria Rhynes initially set bail at $100 before reducing it to $50 after Deputy Public Defender Sierra Villaran argued that even the lower amount remained unaffordable and requested less restrictive alternatives under Kowalczyk.
The accused had an active bench warrant after missing a court appearance in October 2025 that DPD Villaran requested be recalled. However, Judge Rhynes said she would “need more information.”
DPD Villaran explained that the accused missed the hearing because all of his cases were scheduled to be heard on the same day and because ongoing medical issues prevented him from appearing in court.
According to DPD Villaran, the accused had previously been staying at a shelter, “living off EBT and CalFresh income,” and had “six dollars to his name.” DPD Villaran then cited Kowalczyk, explaining that because of the accused’s financial situation, he was not “eligible for detention,” and instead requested Assertive Case Management, or ACM.
Judge Rhynes then asked for clarification about the accused’s cases, noting that he had two other matters being heard in Department 17 that day. DPD Villaran confirmed that he had two other cases involving similar conduct but explained that the accused had not picked up any new charges since the initial cases.
Judge Rhynes said she “understands he might have been ill” but noted that “he didn’t show up” to his hearings.
Deputy District Attorney Gwendolyn West said she was “concerned about the defendant’s ability to come to court.” DDA West agreed that ACM was appropriate for the accused but requested an in-custody ACM referral to ensure the accused received transportation services to and from court.
DPD Villaran explained that an out-of-custody referral to ACM was the “least restrictive” option. However, DDA West stated that the accused had previously been released to ACM, but it “doesn’t seem to work.”
“Non-financial conditions are not going to satisfy the court,” Judge Rhynes said.
Judge Rhynes then set bail at $100. She explained that she was setting bail because it does “not exactly have to be affordable based on Kowalczyk.”
DPD Villaran challenged Judge Rhynes’ ruling, stating that the amount set was “not easily affordable or attainable for him at all.” DPD Villaran cited Kowalczyk, arguing that bail had to be “reasonably affordable or attainable” and that $100 was beyond the accused’s financial means.
Judge Rhynes then lowered bail to $50, saying, “That’s the lowest I’m offering,” and that the $50 bail “backs up the three counts of vandalism” the accused faces.
“This amount of bail is what needs to be set … to get the accused to come to court,” Judge Rhynes said.
“Please don’t do that, please don’t do that,” the accused said after the ruling, as he began pulling at his hair. Judge Rhynes responded, “Well, don’t beg because I made my ruling.”
The accused then said, “Please have mercy on me, please, please,” before being escorted from the courtroom in a distressed state. The preliminary hearing was scheduled for July 14, 2026.
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