By: Shanai Farley, Janai Jones, Neel Karur-Parekh, Kamaya Maloof, Carmen Miranda, Sarah Naser, Anna Nguyen and Mariana Villalta Ortiz
SAN FRANCISCO — During a Tuesday morning arraignment in Department 11 at the San Francisco Hall of Justice, Judge Matthew Kahn denied a defense motion to reduce a felony grand theft charge involving a city-owned scooter to a misdemeanor but ordered the accused released on Assertive Case Management (ACM).
Court participants included Judge Matthew Kahn, Deputy District Attorney Austin Weiss and Deputy Public Defender Tal Klement.
The accused rode a city-owned scooter that had been left unattended, resulting in his arrest and a felony grand theft charge. DPD Klement described the incident as a “scooter operation” and said the scooter had been “abandoned.”
DPD Klement argued that the incident did not constitute theft.
DDA Weiss objected to reducing the charge and cited previous incidents in which the accused had been charged with other crimes dating back to 2014.
DPD Klement sought to reduce the charge from a felony to a misdemeanor, citing the accused’s “mental health issues,” stating that he has at least two diagnoses, and arguing that the accused lacked a significant criminal history.
DDA Weiss disputed that characterization, stating the accused has a prior felony conviction and a criminal record. Judge Kahn later denied the defense motion, leaving the charge as a felony.
DPD Klement also requested OR release for the accused. Judge Kahn denied that request but also declined to impose the statutorily set bail, instead ordering the accused released on ACM.
The preliminary hearing is scheduled for July 13.
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