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\n\t\tSan Francisco Hall of Justice \u2013 Photo by David M. Greenwald\t\t<\/p>\n
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\n\t\tSan Francisco Hall of Justice \u2013 Photo by David M. Greenwald\t\t<\/p>\n
SAN FRANCISCO \u2014 Despite defense arguments that any monetary bail was unreasonable under Kowalczyk because the accused was indigent, a San Francisco Superior Court judge set bail at $50 during a custody status hearing July 8 in Department 20.<\/p>\n
Judge Gloria Rhynes initially set bail at $100 before reducing it to $50 after Deputy Public Defender Sierra Villaran argued that even the lower amount remained unaffordable and requested less restrictive alternatives under Kowalczyk.<\/p>\n
The accused had an active bench warrant after missing a court appearance in October 2025 that DPD Villaran requested be recalled. However, Judge Rhynes said she would \u201cneed more information.\u201d<\/p>\n
DPD Villaran explained that the accused missed the hearing because all of his cases were scheduled to be heard on the same day and because ongoing medical issues prevented him from appearing in court.<\/p>\n
According to DPD Villaran, the accused had previously been staying at a shelter, \u201cliving off EBT and CalFresh income,\u201d and had \u201csix dollars to his name.\u201d DPD Villaran then cited Kowalczyk, explaining that because of the accused\u2019s financial situation, he was not \u201celigible for detention,\u201d and instead requested Assertive Case Management, or ACM.<\/p>\n
Judge Rhynes then asked for clarification about the accused\u2019s cases, noting that he had two other matters being heard in Department 17 that day. DPD Villaran confirmed that he had two other cases involving similar conduct but explained that the accused had not picked up any new charges since the initial cases.<\/p>\n
Judge Rhynes said she \u201cunderstands he might have been ill\u201d but noted that \u201che didn\u2019t show up\u201d to his hearings.<\/p>\n
Deputy District Attorney Gwendolyn West said she was \u201cconcerned about the defendant\u2019s ability to come to court.\u201d DDA West agreed that ACM was appropriate for the accused but requested an in-custody ACM referral to ensure the accused received transportation services to and from court.<\/p>\n
DPD Villaran explained that an out-of-custody referral to ACM was the \u201cleast restrictive\u201d option. However, DDA West stated that the accused had previously been released to ACM, but it \u201cdoesn\u2019t seem to work.\u201d<\/p>\n
\u201cNon-financial conditions are not going to satisfy the court,\u201d Judge Rhynes said.<\/p>\n
Judge Rhynes then set bail at $100. She explained that she was setting bail because it does \u201cnot exactly have to be affordable based on Kowalczyk.\u201d<\/p>\n
DPD Villaran challenged Judge Rhynes\u2019 ruling, stating that the amount set was \u201cnot easily affordable or attainable for him at all.\u201d DPD Villaran cited Kowalczyk, arguing that bail had to be \u201creasonably affordable or attainable\u201d and that $100 was beyond the accused\u2019s financial means.<\/p>\n
Judge Rhynes then lowered bail to $50, saying, \u201cThat\u2019s the lowest I\u2019m offering,\u201d and that the $50 bail \u201cbacks up the three counts of vandalism\u201d the accused faces.<\/p>\n
\u201cThis amount of bail is what needs to be set \u2026 to get the accused to come to court,\u201d Judge Rhynes said.<\/p>\n
\u201cPlease don\u2019t do that, please don\u2019t do that,\u201d the accused said after the ruling, as he began pulling at his hair. Judge Rhynes responded, \u201cWell, don\u2019t beg because I made my ruling.\u201d<\/p>\n
The accused then said, \u201cPlease have mercy on me, please, please,\u201d before being escorted from the courtroom in a distressed state. The preliminary hearing is scheduled for July 14, 2026.<\/p>\n
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