OAKLAND, Calif. — A man whose employment and ability to support his 12-year-old son undergoing cancer treatment were at stake was ordered back into custody without bail Sept. 29 after Judge Elisa Della Piana found that he had repeatedly failed to follow a court order and had come into contact with a former partner during a mental health hearing.
Deputy District Attorney Priscilla Vaughn made a motion to remand the accused. Vaughn, joined by the victim, who delivered an impact statement, argued that the accused’s conduct and the danger to the victim meant that he should no longer be released on his own recognizance.
According to Vaughn, the risk the accused posed was not adequately taken into account when the terms of his release were set, and his previous criminal conduct was not taken into account in his new programs. Meanwhile, Deputy Public Defender Anna Kashtanova argued that the programs the accused was taking were necessary and would keep him out of trouble, while also outlining his unusual circumstances.
The victim told the court that she feared for her life when she was with the accused and that he had a pattern of disregarding boundaries.
The victim then recounted an incident in which she and a friend had to hold a door shut because she feared for her safety and that of her two daughters. Furthermore, in a previous incident in 2019, the accused had another domestic violence incident in which he allegedly hit his partner with a chair and stomped on her before threatening her not to testify against him.
According to the victim, there were several occasions when the accused would come to her neighborhood, sometimes on foot and sometimes driving past her home, which she had video evidence of. Furthermore, the accused reached out on Instagram with messages referencing their past relationship, which the victim said disturbed her.
When Kashtanova was given the floor, she outlined that, since the incidents, the accused had been occupied with going to work six days a week. Furthermore, his 12-year-old son had cancer. Kashtanova further stated that the accused had tried to be with his son every day he could as his son underwent treatment.
Vaughn then described how the accused was using marijuana during one of his required classes, telling the court, “He doesn’t seem to be taking this very seriously.”
Returning to the subject of mental health, Della Piana asked about the new programs that an expert had recommended for the accused. “What is different now?” she asked, questioning what would prevent further infractions, especially since, according to the judge, the accused would have more programs when released.
In response, Kashtanova said that there was a distinction to be made between “robustness” and “suitability.” Kashtanova affirmed the new treatments over Vaughn’s challenge, saying experts had deemed the assigned programs “clinically suitable.”
Della Piana ultimately said that while she believed the programs he would not receive would benefit him, the evidence presented by Vaughn convinced her of the danger the victim was in and that the accused was not taking rehabilitation seriously. The accused was taken into custody after his release was revoked.
Later, when reminded to set bail on the matter, Della Piana said that no bail would be set, without prejudice.
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