DUBLIN, Calif. — A Bay Area father who told the court he earns about $700 a month and supports his sister and her three children was ordered held on $10,500 bail Thursday after an Alameda County Superior Court judge concluded he posed a danger to public safety, despite defense arguments that recent California Supreme Court precedent requires bail to be reasonably affordable.
The hearing centered on the application of the California Supreme Court’s recent decision in In re Gerald John Kowalczyk, which held that courts may impose monetary bail only if it is reasonably affordable unless specific exceptions apply. One such exception allows higher bail when an accused presents a threat to public safety.
As presented by the attorneys, the accused is alleged to have been involved in a collision with another individual. According to the allegations, a victim whom the accused did not know was traveling about 25 mph when the accused, allegedly driving nearly 70 mph, struck the victim from behind. However, the circumstances surrounding the collision were sharply disputed by the attorneys.
The accused is employed as a laborer, earning approximately $700 a month. According to the accused, most of that income goes toward rent, food and utilities for the apartment he shares with his sister.
His income also supports his sister and her three children. Under ordinary circumstances, the defense argued, the accused would likely qualify for release on his own recognizance, allowing him to remain free while promising to return to court without posting bail.
Deputy Public Defender Timothy Lyons argued that this case falls outside the public safety exception recognized in Kowalczyk. He maintained the collision was an accident that occurred while the accused was allegedly under the influence of drugs or alcohol, conduct that typically does not justify denying release on own recognizance based solely on concerns about future public safety.
The state instead charged the accused with assault with a deadly weapon, a charge prosecutors argued reflects a significant threat to public safety.
Lyons questioned whether the evidence supports that charge. He suggested the prosecution would face difficulty proving assault with a deadly weapon and argued the more significant issue was the accused’s alleged intoxication.
Lyons also questioned why prosecutors had not filed a driving under the influence charge. He told the court the accused displayed symptoms of intoxication or other drug-related impairment after the collision.
According to Lyons, witnesses reported the accused laughing and dancing following the crash. He also noted the prosecution sought a warrant to determine whether the accused had been under the influence of any substances during the incident.
Despite those allegations, no DUI charge appears in the accused’s case file.
Deputy District Attorney Sameer Shukla argued the allegations extend well beyond impaired driving. According to Shukla, the victim told investigators the accused continued accelerating after the initial impact, nearly pushing the victim’s vehicle onto a nearby highway.
Shukla also pointed to the accused’s pending misdemeanor case as additional evidence supporting the state’s position that he poses a danger to the community.
According to Shukla, the accused approached a woman he did not know while repeatedly saying, “Me gusta.” After she rejected his advances, the accused allegedly pulled her to the ground by her hair. When another individual attempted to intervene, the accused allegedly punched that person in the face.
Lyons emphasized that those allegations remain pending and have not been proven. He argued the court should focus on the current case and carefully evaluate whether the prosecution had established that the accused presents the type of ongoing public safety risk necessary to justify unaffordable bail under Kowalczyk.
After hearing arguments from both sides, Judge Diane Meier concluded the accused was “quite dangerous” to public safety and denied release on own recognizance.
Judge Meier also reiterated that the defense bore the burden of demonstrating what amount of bail would be reasonably attainable for the accused.
Finding that Lyons had not presented sufficient evidence on that issue, Judge Meier set bail at $10,500.
The accused has pleaded not guilty. Given his reported monthly income of about $700, the bail amount represents approximately 15 months of gross earnings, making it likely he will remain in custody while the case proceeds.
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