Yeiner Perez Garizabalo, who goes by Yeiner Perez, has been accused of attacking people at the 16th Street BART station May 10 while performing acrobatic tricks fully in the buff.
The 24-year-old was charged with battery and false imprisonment and has been in custody since June 17. Footage of the incident, which attorneys have characterized as a psychotic break, was recorded by a BART employee and widely circulated on YouTube, prompting criminal charges.
Perez’s attorney, Paul Myslin, said his client should receive mental health care rather than a jail sentence. However, the Department of Public Health refuses to fund Perez’s entrance into The City’s Behavioral Health Court, Myslin said, because of a discrepancy about his residence.
Behavioral Health Court is funded for San Francisco residents or homeless people living in The City. At the time of his arrest, Perez told police he had been staying in Berkeley, Myslin said, adding that his client was really homeless and had been couch surfing.
Myslin is now requesting that a judge release Perez on his own recognizance so he can receive mental health care in Alameda County.
Prosecutors are opposed to the release, saying they have “no assurance whatsoever that he will not reoffend, that he will stay on his meds.”
Attorneys on both sides believe the judge will likely release Perez.
“I don’t see him as a significant public safety risk,” Judge John K. Stewart said during a Friday hearing.