SAN FRANCISCO — A San Francisco Superior Court judge denied a motion to release an accused person from custody Tuesday, despite defense arguments that he had been assaulted while incarcerated, suffered a serious hand infection requiring surgery and voluntarily surrendered to authorities after allegedly violating his previous release conditions.
The accused faces two counts of making criminal threats under California Penal Code Section 422(a) and one count of falsely reporting a bomb or other explosive under Section 148.1(c).
During the Oct. 20 hearing, Deputy Public Defender Mario Gutierrez asked Judge Michelle Tong to release the accused from custody, citing his medical condition, the circumstances surrounding his detention and his need to operate a business.
According to the defense, the accused had allegedly violated the terms of his previous release by going to Salesforce Tower in San Francisco. Gutierrez told the court that the accused subsequently turned himself in voluntarily.
Gutierrez also reported that the accused had been attacked while in custody, suffering an injury to his hand that became severely infected and required surgery.
The defense argued that the accused had a business to operate and that continued incarceration interfered with his ability to manage those responsibilities.
Gutierrez indicated that the defense was amenable to any conditions of release the court considered appropriate, offering to accept restrictions rather than continued detention.
Assistant District Attorney Catherine Blake objected to the defense request, placing the prosecution’s opposition on the record.
Judge Tong noted that another judge had ordered the accused detained the previous week.
Tong determined that there were no new or changed circumstances warranting reconsideration of the previous detention order.
Despite the defense’s arguments concerning the accused’s medical condition, voluntary surrender and willingness to comply with release conditions, Tong denied the motion without prejudice.
The ruling allows the defense to renew its request if circumstances warrant reconsideration.
The accused remains in custody without bail.
The court also continued the preliminary hearing to Wednesday, Oct. 21, the 10th court day under the applicable preliminary hearing timeline.
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