San Francisco Superior Court Judge John K. Stewart agreed to free Yeiner Perez Garizabalo, who goes by Yeiner Perez, so that he can seek mental health care in Alameda County.
Prosecutors objected to Perez’s release, saying the troubled acrobat is a threat to public safety. Perez is charged with multiple counts of false imprisonment and battery for allegedly attacking people at the 16th Street BART station May 10 while performing acrobatic tricks fully in the buff.
Last week, Stewart said he doesn’t believe Perez poses “a significant” risk.
The judge has reportedly allowed Perez’s release on the condition that he stays with a friend in Oakland and shows up for his intake appointment next week at an unnamed mental health care facility in Alameda County.
Next Wednesday, Stewart wants to see proof that Perez has fulfilled those obligations.
Perez’s case is also scheduled to return to court Nov. 18 for a pretrial conference on charges related to the May 10 incident, which was captured on video by a BART station agent and widely viewed online.
Additionally, Perez has been ordered to stay away from the victims of the alleged attack and also the 16th Street BART station, but not the entire system.
While new state legislation makes it easier for BART to ban unruly passengers for up to a year, a first-time offender such as Perez can be banned for a maximum of 30 days, a period that has long passed, BART Deputy Police Chief Ben Farrow said Wednesday.
Nevertheless, it’s unlikely you saw the one-man circus sitting next to you while going through the Transbay Tube. The friend who Perez is staying with in Oakland had planned to pick him up after his release from jail, said Tamara Barak Aparton, a spokeswoman for the Public Defender’s Office.
Aparton said the office is pleased that Perez will receive long-term care rather than deteriorate in a jail cell.
Perez has been in custody since his June arrest and has not been receiving the mental health care he needs, his attorney Paul Myslin said. The reason, according to Myslin, is that the Department of Public Health refused to fund Perez’s entrance into The City’s well-regarded Behavioral Health Court.
The program is funded for San Francisco residents and homeless people living in The City. Upon his arrest in June, Perez stated in a police report that he lived in Berkeley even though he is really homeless and had been couch surfing at the time of the May 10 incident, Myslin said.