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Now California: Police, mayor question why judges released murder suspects with little or no bail

Now California: Police, mayor question why judges released murder suspects with little or no bail 1

SAN JOSE, CA — Since August, three suspects in two different homicide cases have been released by judges with either little or no bail.

As a result, police officials and even the mayor have gotten upset about the decisions to release murder suspects back to the streets of San Jose.

California’s new bail reform process has made it easier to release suspects. While some blame judges, others blame the law involved.

Last year, the California Supreme Court ruled that it is unconstitutional to keep someone in custody just because they cannot afford to pay bail, according to a report by FOX11.

In addition, the report noted:

“Judges are now required to favor pretrial release and only order bail if there is clear and convincing evidence that it is the only way to ensure public safety and make certain that the defendant returns to court for future hearings.

“The defendant’s ability to pay must be taken into account in setting bail.”

In a recent homicide case, two suspects were charged in a fatal shooting on Halloween, but released without bail.

Efrain Anzures, 27,  is charged with murder for what police describe as a hit-and-run road rage incident on Oct. 31, according to a report by NBC Bay Area.

Court documents show Judge Phillip Pennypacker put Anzures on house arrest, according to NBC’s report.

In addition, the judge only imposed a few restrictions, such as the suspect staying away from the victim’s family, submitting to searches and attending drug and alcohol counseling.

Anzures’ alleged accomplice, Alfred Castillo, 26, was also released through the Supervised Own Recognizance Program (SORP).

SORP allows suspects to be released while their cases go through the legal process.

Anzures and Castillo are suspects in the slaying of Isiah Gonzalez. Newsbreak reported:

“Anzures has been charged with murder and a charging enhancement for allegedly using a gun.

“Meanwhile, Castillo has been charged with assault with a deadly weapon for using his car in the alleged crime.

“The shooting happened at around 3:40 p.m. Halloween in the 5200 block of Great Oaks Parkway.

“San Jose police said officers arrived to find a man suffering from at least one gunshot wound. He was taken to a hospital where he died of his injuries.”

In a separate case, another murder suspect was released through SORP.

Margarita Santillan is facing murder charges for a killing on Aug. 11 on Littlewood Lane. She was also placed under SORP by Judge Shelyna Brown, who added a $100,000 bond.

San Jose Police Chief Anthony Mata told NBC that suspects charged with murder or accessory to murder are being released by judges with little or no bail. The chief said their releases pose a serious threat to the community.

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Mata, who is a former homicide detective, also said he was “shocked” by the judges’ handling of murder suspects:

“This is the ultimate crime. This is murder. Someone took it upon themselves to kill another individual.

“This is difficult. We can only do so much. But we need help.”

The chief said it is demoralizing to arrest accused killers and then see them back on the streets within a few days.

San Jose Police Asst. Chief Paul Joseph told Newsbreak:

“The judges are probably following, to the best of their belief, what they think the law compels them to do, but if that’s what the law compels them to do, then the law needs to be changed. There’s a problem with the law.”

Even San Jose’s mayor, Sam Liccardo, expressed outrage over the latest release of homicide suspects. He tweeted:

“I appreciate the purpose of bail reform, but releasing a homicide suspect without bail is outrageous.

“The pendulum has swung too far, and it’s our neighborhoods that endure the most crime that suffer as a result.”

Liccardo also told Newsbreak he worries that the community is being put at risk:

“This is just dangerous for everyone and we need the judicial system to be able to understand and appreciate the public safety peril that is created by these decisions.”

Newsbreak reported that Santa Clara County District Attorney Jeff Rosen echoed Liccardo’s sentiments through a statement:

“People accused of low-level non-violent crimes can be released with appropriate conditions.

“Defendants facing murder charges are a danger the community and a flight risk and should not be released.”

San Jose has had 30 homicides so far this year, with the latest one occurring on Dec. 1.

Legal analyst Steven Clark reviewed the cases of the suspects and told NBC:

“It appears there is a colorable self-defense component in both cases. These people did not have serious records, and they have no history of failure to appear.”

Clark also noted that due to the California Supreme Court’s ruling, he expects to see more murder suspects released on SORP in the future:

“It’s no longer a rubber stamp to keep someone in jail, even though the charges here are extremely serious.”

Clark further noted that two criteria are considered before pretrial release: is a suspect considered safe enough for the community and will that person show up for future court dates?

If the judge feels both are true, Clark said the suspect legally must be granted supervised release:

“Until you’ve been convicted of something, you should be given the opportunity to be considered for some sort of pretrial release otherwise, you have to fight your case in custody while everyone else who has money has to fight their case after posting bail.”

NBC reached out to the Superior Court, but was told comments on specific cases cannot be provided.

The Superior Court, however, released a statement regarding pretrial release of suspects and assured NBC that a judge reviews each case to see if it’s safe to release a suspect with proper supervision:

“Every judge reviewing a case for release is required to give individualized consideration to the person appearing before them, and to consider whether non-monetary or other conditions of release are sufficient to protect both the alleged victim and the public, and to ensure the defendant’s appearance in court.

“Supervised release with conditions, including but not limited to electronic monitoring, is a significant tool in that regard.

“A defendant charged with a serious or violent offense may not be released on other than scheduled bail until a hearing is held in open court.”

Chief Mata said better solutions are needed:

“This isn’t reform. We need to work together to come up with better solutions to keep our community safe and keep those individuals accountable.”

On Wednesday, the San Jose Police Media Relations announced on Twitter it believed a homicide suspect from yet another murder case fled to Mexico.

Police say 41-year-old Oscar Soto, who was in custody in connection to a homicide on Jan. 10, was released via SORP and is believed to have fled to Mexico.

Soto was arrested in connection with shooting a man near the 2300 block of Mammoth Drive in the early morning of Jan. 10, according to a report by KRON4.

The San Jose Police Media Relations suggested in its tweet that dangerous suspects should not be released:

“He was also released on SORP. He is now outstanding and fled the country. Currently believed to be in Mexico.

“This is why dangerous defendants/suspects should not be released on their own recognizance.”

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Editor note: In 2020, we saw a nationwide push to “defund the police”.  While we all stood here shaking our heads wondering if these people were serious… they cut billions of dollars in funding for police officers.  And as a result, crime has skyrocketed – all while the same politicians who said “you don’t need guns, the government will protect you” continued their attacks on both our police officers and our Second Amendment rights.

And that’s exactly why we’re launching this national crowdfunding campaign as part of our efforts to help “re-fund the police”.

For those looking for a quick link to get in the fight and support the cause, click here.

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