wea ah eee 10 2 3 “4 1s 16 1 18 19 20 2 2 23 24 25 26 2 “28 JOYCE E, DUDLEY istrict Aitorn ANN L. BRAMSEN (State Bar No. 202913) Senior Deputy District Attorn« Lh i 3 TDD. Rect ook St. a superin oun! ‘SAUER Sn santa Maria, California 93454 MAR 1 6 2018 Telephone: (805) 346-7540 Attomey for Plaintif® ‘THE SUPERIOR COURT, STATE OF CALIFORNIA FOR THE COUNTY OF SANTA BARBARA. SANTA MARIA DIVISION ‘THE PEOPLE OF THE STATE OF CALIFORNIA, Plaintiff, Case No. 1499805 vs. JOSE BONILLA MEJIA, RAFEL CASTRO LAINEZ, OLVIN SERRANO, ENEDINA TOMAS, LUIS MESIA ORELLANA, JUAN CARLOS. LOZANO MEMBRENO, JOSE RICARDO PEOPLE'S OPPOSITIONTO BAIL SARAVIA LAINEZ, JOSE BALMORE LAINEZ } REDUCTION/ OR RELEASE SARAVIA, MARCOS MANUEL SANCHEZ ‘TORRES, JUAN CARLOS SERRANO URBINA, IMAYRA ORTEGA, JOSE NARCISCO ESCOBAR HERNANDEZ, JOSE JUAN TORRES SANCHEZ, SANCHEZ, JOSE MBJIA ORELT.ANO, TRANQUILINO ROBLES MORALES, EZEQUIEL. /ESCALANTE-RIVERA. Dept: Honorable James Iwasko Defendants. TO: THE HONORABLE JUDGE IWASKO, THE CLERK OF THE ABOVE- ENTITLED COURT, TOM BARNARD, JOSHUA LYNN, MICHAEL SCOTT, CHRIS AMES, ADRIAN ANDRADE, WILLIAM REDELL, DAVID BIXBY, STEPHEN DUNKLE, ADDISON STEELE, JESSICA MARTINEZ, MICHAEL CARTY, ‘WILLIAM GAMBLE, MARK POWERS, ADRIAN GALVAN AND ROBERT BETTENCOURT, ATTORNEYS FOR DEFENDANTSSTATEMENT OF THE CASE All of the above listed defendants, except Mayra Ortega and Jose Juan Torres Sanchez were arrested pursuant to arrest warrants issued by Assistant Presiding Judge Patricia Kelly. Judge Kelly set bail in the amount of: 1. JOSE BALMORE LAINBZ SARAVIA, JOSE RICARDO SARAVIA LAINEZ, MARCOS MANUEL SANCHEZ TORRES, TRANQUILINO ROBLES MORALES, JUAN CARLOS LOZANO MEMBRENO, JOSE NARCISO ESCOBAR HERNANDEZ, LUIS MEJIA ORELLANA AND JUAN CARLOS SERRANO URBINA: 1 million per conspiracy to kill each victim (x6) plus {$500,000 per gang enhancement per victim for a total of $9 million, 2. JOSE MEJIA ORELLANO: I million for one count of 182.5 with the conspiracy being murder for a total of $1 million. He was subsequently charged in the first amended complaint with. four additional counts of conspiracy to commit murder with the gang enhancement. OLVIN SERRANO, ENEDINA TOMAS, AND JOSE BONILLA MEJIA: 1 tnillion per conspiracy to kill each victim (2) plus $500,000 per gang enhancement per victim for a total of $3 million. RAFAEL CASTRO LAINEZ AND EZEQUIEL ESCALANTE-RIVERA: Si million for the Penal Code section 182.5 gang conspiracy with the underlying crime being murder. Jose Juan Torres Sanchez was arrested pursuant to Penal Code section 836 and is currently charged with two counts of conspiracy to commit murder with the gang enhancement, His bail was set at $3 million at his first appearance by Judge Kelly and should reinain set at $3 million pursuant to the attached declaration,2 13 4 15 16 7 18 19 20 a 22 23 24 25 26 au \-98 [Mayra Ortega was arrested pursuant to Penal Code section 836, for having a loaded gun concealed on her person with the gang enhancement. Bail schedule for her offenses is $135,000, which is what bail was set at her first appearance by Judge Kelly. POINTS & AUTHORITIES I, PUBLIC SAFETY IS THE PRIMARY CONSIDERATION IN SETTING BAIL California Penal Code section 1275 states in pertinent part: @) In setting, reducing, or denying bail, the judge or magistrate shall take into consideration the protection of the public, the seriousness of the offense charged, the previous criminal record of the defendant, and the probability of his or her appearing af tril or hearing of the case. The public safety shall be the primary consideration. In considering the seriousness of the offense charged, the judge or magistrate shall include consideration of the alleged injury to the victim, and alleged threats to the victim or a witness to the crime charged, the alleged use of a firearm or other deadly weapon in the commission of the crime cherged, and the alleged use or possession of controlled substances by the defendant. (Emphasis added) Californie courts have consistently upheld the statutory requirement that public safety be the primary consideration in setting bail. See Gray v. Superior Court (2005) 125 Cal.App.th 629; In re MoSherty (2003) 112 Cal.App.4th 856 [Public safety, not the certainty ofthe defendant's appearance in court, is the primary factor for atrial court to consider in the setting of baills Jn re Weiner (1995) 32 Cal.App4th 441. In setting, reducing or denying bail, a court should consider, in addition to public safety, the seriousness of the offense charged, defendant's criminel record, and the probability that deferidant will appear for hearings or trial bid.