OAKLAND, Calif. — An Alameda County Superior Court judge Wednesday released an unhoused accused man on his own recognizance and directed him to court services for housing and food after his public defender said hunger contributed to the circumstances surrounding his arrest at a local taco vendor. According to Deputy Public Defender Sarah Grenfell, the accused was arrested at a local taco-selling business while allegedly engaging in misconduct because of hunger.
The accused was charged with a misdemeanor for exhibiting a deadly weapon. At the time of his arrest, he had been on two one-year court probations for previous cases.
The accused appeared in custody and was provided with a Spanish interpreter for the duration of the hearing.
Grenfell began the hearing by acknowledging receipts and requesting the accused’s release on his own recognizance. She said the current case involved an incident in which the accused allegedly showed a knife to the complaining witness.
Grenfell emphasized that the knife “stayed in [the accused’s] waistband” and that there were no injuries involved.
Grenfell said the accused had requested a taco before the incident. The complaining witness and taco vendor was a complete stranger, which allows the accused to feasibly obey any stay-away orders from the court, the deputy public defender said.
Grenfell added that because the accused is an Oakland resident, he would also obey a potential stay-away order from the location of the taco-selling business.
Deputy District Attorney Olivia Suraci said the accused’s conduct was “very concerning.” She noted that he was charged with misdemeanors in July of this year, a felony in August and was placed on probation three weeks before the incident.
Suraci emphasized her concern that the accused immediately violated two probation orders.
Grenfell said the accused faced housing struggles and was primarily motivated by hunger when requesting a taco. She added that the accused’s former cases were nonviolent in nature.
Judge Bentrish Satarzadeh echoed the deputy district attorney’s concern about “breaking laws on probation,” as well as the accused allegedly “brandishing a knife.”
Ultimately, the judge allowed the accused’s release on his own recognizance. She stated her intention to make a note in his file that if he were to violate probation again, the court should not release him.
Addressing the accused, Satarzadeh explained that new laws provide the court “more leeway to keep individuals incarcerated” if they repeatedly violate probation. The judge warned the accused to be careful in the future.
In addition, Satarzadeh said the court’s pretrial services provide housing resources, food and mobile phones to individuals with pending criminal action. She asked the accused to check in with service providers.
The judge acknowledged that hunger and a lack of housing are evidence that the accused’s “basic needs are not met.” She said his circumstances create obstacles to lawful conduct; however, the accused would “pay with [his] freedom” next time.
Grenfell entered a plea of not guilty and waived time.
Suraci requested a stay-away order from both the complaining witness and Cafe Cordoba in Oakland, where the incident occurred. Satarzadeh granted the stay-away order.
The case is set for a pretrial hearing on the afternoon of Oct. 13.
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