Bail decision: Judge to weigh defendant's 15 alleged jail violations, plea for outside medical care
Aug. 8—A Kern County Superior Court judge contemplating whether to allow a man charged with murder to post bail must balance factors presented by attorneys Tuesday: He could lose his arm due to alleged insufficient medical attention in jail, but he has accumulated numerous in-custody violations.
Karim Reyad, 18, is being held on no bail at Lerdo Jail after he was charged in the death of Gayla Sue Price, a Bakersfield grandmother of 10 kids. Prosecutors said Reyad drove 108 mph while intoxicated in a residential area and collided into Price's vehicle in April.
Reyad has pleaded not guilty to second-degree murder, gross vehicular manslaughter while intoxicated, driving under the influence of a drug causing an injury and multiple counts of reckless driving.
Tuesday's hearing was the third time Reyad's defense attorney Forrest Miller attempted to have the court allow bail. Another judge previously declined to allow it, citing concerns such as Reyad being a flight risk.
Defense attorney H.A. Sala, who is also representing Reyad, said his client isn't ambulatory and is in dire need of medical attention. There's no risk that he will cause great bodily harm to the public and isn't a flight risk. Reyad's family arrived in America on asylum from Egypt and his passport is expired — there's no threat he would flee, Sala said.
Sala laid out a plan in which he said Reyad would be properly monitored. A bail agent could randomly search Reyad without probable cause, attach a GPS monitor to him to ensure he only goes to the hospital and back home. His client could also be randomly tested for drugs and alcohol, Sala said.
Miller added Reyad needs physical therapy four to five times a week on his right arm and has a severe break in his leg.
But Deputy District Attorney Kacie Barrier said Reyad hasn't been able to follow rules imposed in Lerdo and has racked up 15 alleged violations of jail rules. He broke his CPAP machine and his wheelchair. He's swallowed pencils and razors, Barrier said.
"I haven't seen an inmate with this many incident reports," she said. Asked why he broke the rules, Reyad said he was bored, the prosecutor added.
A person out on bail is expected to follow certain rules, but Reyad's behavior in jail shows he is incapable of doing so, Barrier said.
Judge John Oglesby said he would take the matter under consideration because there are interesting legal questions raised by the attorneys and he would issue his ruling Aug. 23. He noted he is sympathetic to Reyad getting released for rehabilitative care, but only for a short time period.
But Oglesby also said Reyad engaged in actions where it didn't seem like he cared for his life — that's a concerning factor for him.
"If he is going to be released on bail, I would have to have confidence that he would abide by bail conditions," the judge continued. And, the defendant's behavior in jail doesn't leave him with any confidence that Reyad would comply.
You can reach Ishani Desai at 661-395-7417. You can also follow her at @_ishanidesai on Twitter.
