A judge’s recent decision to release the suspect in a fatal DUI crash that killed a community service officer on bond has drawn criticism from San Jose leaders, including Mayor Matt Mahan.
The defendant, Morgan Hill resident Juan Huerta-Palacios, 44, is charged with driving under the influence when he hit two San Jose community service officers conducting traffic control on Monterey Road in the early part of August of last year.
Community Service Officer Veronica Baer spent several days in the hospital due to severe injuries, while Community Service Officer Long Pham perished in the collision.
Although Pham was born in Vietnam, he spent his early years in San Jose. His brother and parents survive him. In late August, a public memorial service was conducted to remember the community officer.
Palacios was being jailed on half a million dollars in bail for charges of killing Pham and hurting Baer, including a murder charge stemming from prior convictions for reckless driving caused by alcohol.
The Santa Clara County District Attorney’s Office, the San Jose Police Department, and San Jose Mayor Matt Mahan have all objected to the release. In protest of Huerta-Palacios’ release, the SJPD released a statement on X Wednesday night.
“This defendant killed Long Pham in spite of prior warnings about the risks associated with drunk driving. “Why should we believe that these limitations will sufficiently shield the public from his poor judgment once more?” the statement asked. “An officer is dead and the man who killed him was let out on bail to go home against our objection, against our community’s objection.”
Mahan described the ruling as a miscarriage of justice in an interview with CBS News Bay Area on Thursday.
“It was a pointless and unnecessary death. And one that was completely avoidable, as it was caused by a single person’s repeated poor choices,” Mahan stated.
Mahan claims that the judge’s decision poses a risk to public safety in addition to being a smack in the face to the victims in this case.
“I think that it does create unnecessary risk to have someone back in the community who has not yet actually faced a consequence or gotten the treatment that they need and proven that they are on a path to turning their lives around and are no longer going to endanger the community,” Mahan stated.
Proponents of the ruling contended that Huerta-Palacios should not have been granted bail due to his past, while Jessica Levinson, a professor at Loyola Law School, stated that the judge has discretion over bail and that there are many variables to take into account.
“We’re looking at flight risk, we’re looking at the person’s threat to the community, the person’s threat to themselves, whether or not they are an alleged repeat offender,” Levinson stated. It is rare for someone to be released on bond in a murder case. Or at the very least, the granting of bail may come with a number of restrictions and conditions.
According to Levinson, courts seldom grant bail in situations when there is proof of repeated violations, but when they do, they are likely to impose stringent conditions that prohibit the defendant from driving or even leaving the residence.
“This charge of murder is not usual in that it is neither first-degree nor second-degree murder. In addition to a prior conviction for driving under the influence, we have a murder accusation here,” Levinson said. “So, is this the usual situation in which bail is granted? Perhaps not. Is it outside the judge’s authority to consider those factors? Most likely not.
According to Levinson, the judge ultimately could reverse the decision if the plaintiffs can bring new evidence to show that the suspect is a danger to the community.
Kara St. Cyr contributed to this report.
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Eliot Pierce is a dedicated writer for ChiefsFocus.com, covering local crime and finance news. With a keen eye for detail and a passion for storytelling, Eliot aims to provide his readers with clear and insightful analysis, helping them navigate the complexities of their financial lives while staying informed about important local events. His commitment to delivering accurate and engaging content makes him a valuable resource for the community.