By Marcia Barajas
SANTA BARBARA, CA – Daniel Zamora-Honesto was in Santa Barbara County Superior Court this week to face multiple domestic violence felony charges including assault, cruelty to child by endangerment, and infliction of corporal injury from July 24, 2021, and June 1, 2021.
Deputy Public Defender Rebecca Seldin requested Zamora be released on pretrial supervision. This case was on arraignment back on July 28, 2021, where it was requested that he be released.
Three Pretrial Compliance Officer (PTCO) reports were filed. The first report stated that Zamora be released because he has no criminal history. The second report stated the same thing, and the third report stated that the victim was not opposed to the release from custody, but that the defendant would abide by the emergency protective order (EPO), which is not to ghost the victim at their home.
DPD Seldin spoke with the defendant’s uncle and said, “He is a father figure to him, someone who helped raise him, and is fully comfortable having Zamora residing with him in Ventura.” The defendant is more than willing to abide by all orders and conditions by the court.
PD Seldin also added that Zamora is not a flight risk and has no violent history.
However, Deputy District Attorney (DDA) Adam Howland cited the seriousness of the charges, stating from the report that the defendant is aggressive when drinking alcohol. The DDA also noted a time when the defendant punched the victim in the face and their 17-year-old daughter had to intervene.
When the victim tried to dial 911, the defendant “forcibly grabbed the phone from her hand and punched the victim again,” grabbed them by their neck and chased them around the property.
Though the defendant’s criminal record is minimal, DDA Howland asked the court to consider the seriousness and endangerments of this case. The defendant has not been in custody for long and if the court is considering releasing the defendant, DDA Howland asked for the defendant to be released (only) if he is able to bail out.
Nonetheless, given the violent dangers in this case, and the fact that the defendant’s home is not in Santa Barbara County, the DDA remained opposed to his release.
Additionally, the court made individualized determination under Humphrey with respect to whether cash bail is necessary to assure the appearance of the defendant and will look into other conditions that can take the place of a cash bail.
In reading the second report, DDA Howland noted that the victim indicated that during a second incident where the defendant was drinking alcohol, he was short-tempered and that the victim’s fears were gone because of the victim protective order (VPO).
DDA Howland reviewed a prior arrest that was not filed back in 2008, where the defendant allegedly assaulted a peace officer. However, the victim indicated in the second report that this was the second domestic violence incident to occur.
In the police report, the victim stated that they had superficial abrasions from the attacks and sometimes marks on their neck from the choking incidents. DDA Howland stated that there were witnesses such as the daughter stepping in. Moreover, the victim also stated in the police report that the suspect hit them “multiple times, causing a black eye” and bruises on their legs, hips, back and head.
Judge John Fisher granted the release, not setting a bail, under a number of conditions, including the defendant appear at all times and places as ordered by the court, obey all laws, not leave the state—and his release can be revoked if he fails to appear in court, not to have contact with the victim, and no drinking alcohol.
The judge ordered the defendant to return to court on Sept. 9 at 8:30 a.m. for a preliminary hearing.
