By Julie McCaffrey and Zoe Fay
MODESTO, CA – Chief Deputy Public Defender Reed Wagner requested a decrease in the bail set for the accused here in Stanislaus County Superior Court late last week, citing the accused’s inability to pay and the context surrounding the alleged crime.
The accused was being held in jail on a $105,000 bail bond, despite being unemployed and caring for his grandparents.
CDPD Wagner argued the accused only had one prior conviction—a misdemeanor—and did no physical harm to the victim, allegedly only verbally threatening her.
Allegedly, the accused and the co-accused threatened the latter’s mother with a bat. The mother was staying in the co-accused’s house and was asked to leave, and when she didn’t, the fight got “ugly,” according to CDPD Wagner.
The prosecution objected to a bond reduction, as both of the accused were involved in a previous misdemeanor and felony case, concluding this was a strike offense, and bail should not be lowered nor should the accused be released.
Judge Dawna F. Reeves noted concerns about the accused and the co-accused’s recent appearances in court, commenting the accused entered a plea for a vandalism case Sept. 11 with a surrender date for Dec. 15, but is now back in custody on this new felony charge.
The accused had failed to appear in a previous misdemeanor case, which led Judge Reeves to state she was “not convinced that—at 23 years old—the accused understands this is serious business.”
The prosecution acknowledged the co-accused appeared at the courthouse, but arrived after their appointed time. Judge Reeves continued, stating the accused did not serve any jail time for his misdemeanor charge, and remanded him to serve 90 days in jail to “get his time done.”
Attorney Lee, the co-accused’s attorney, restated the dispute occurred after her mother would not leave her home, which belongs to the co-accused. She requested bail to be reduced because the co-accused has a job at a gas station, is already missing billable hours, and will lose her job if she is not released.
Judge Reeves said there was a way for the co-accused to get released from custody, and that was to pay the $105,000 bail, adding the court could not “trust them to leave and not commit any violations.”
The co-accused was remanded to serve 90 days for their past misdemeanor charges. An additional stay away order was issued to protect the alleged victim, the mother.
A preliminary hearing for the felony charges is scheduled Nov. 15, which will be followed by a bail review, and witness and complainant testimony.
