Suspects released on zero bail now face federal charges

Federal prosecutors charged two Bay Area defendants whose zero bail releases garnered national attention after they were rearrested for allegedly committing violent felonies shortly after leaving jail.

It appears to be the first time federal prosecutors have brought charges in a local case related to the state Judicial Council's zero bail order that took effect in April.

Law enforcement authorities in Alameda County, where the defendants were originally charged, have opposed the zero bail order. A spokesperson for the Alameda County sheriff said more than 50 defendants have been rearrested in the county since the order was implemented. The office has subsequently turned to social media to describe the policy as a public safety threat, coining the phrase "Zero Bail Fail."

Yet, on Thursday, they called the move by prosecutors from U.S. Attorney David L. Anderson's office to step into these two cases unfortunate, saying they would be best handled at the state level.

"When I say locally, I don't mean because of our district attorney," said Alameda County Sgt. Ray Kelly in a phone interview Thursday. "It's because of the zero bail policy that we never got a chance to intervene in these situations before they turned to violence. And unfortunately, there's no stop gap measure in place with certain crimes with zero bail."

Keeping arrestees in custody, even just for a few days, provides a window of time where authorities can provide rehabilitative assistance, slowing down the opportunities and chances they have to commit new crimes, Kelly said. This is especially true for those who are intoxicated or high on drugs, he said.

"We are just not getting that time now because we're doing turnaround out the door," he said. "All you're doing is just disrupting them for several hours."

Sheriffs' office data compiled from around the state indicates roughly 8% of people who are released under the order are rearrested, Merrill Balassone, a spokeswoman for the Judicial Council, said Thursday.

The emergency bail schedule is not a "blanket release order" and the council encourages law enforcement to "seek enhancements as appropriate to protect the safety and health of the public and those involved in the justice system," Balassone emphasized.

Over the past week, Anderson's prosecutors charged Kristopher Sylvester, 34, of Fremont with illegal gun possession and Rocky Music, 32, with carjacking. The charges bring a maximum of 10 years in prison for Sylvester and 15 years for Music, should they be convicted.

"Sweeping criminal releases are imposing a terrible strain on professional law enforcement who are being required to arrest some offenders again and again," Anderson said in an email, adding his office tries to direct its federal resources "to the cases and charges with the most impact."

A spokesperson for his office said the charges were brought because the defendants' alleged conduct constitutes a federal offense and that admissible evidence should be sufficient to sustain a conviction.

On Thursday, Sylvester entered a not guilty plea at his first federal court appearance. Music's initial appearance is scheduled for June 1.

Sylvester was arrested by Fremont authorities on April 2 and charged with committing burglary during a state of emergency, possession of stolen property, possession of a loaded firearm, felony evading and probation violation. He was released on zero bail after his arraignment and was rearrested nine days later by Santa Clara Police for the alleged armed burglary of a Hertz rental car business before being released again by a Santa Clara County judge.

Music was charged with carjacking on April 22 by the Alameda County district attorney's office less than an hour after being released from Santa Rita Jail on zero bail and roughly 12 hours after his initial arrest for alleged vehicle theft.

In late April, as prosecutors throughout the state expressed misgivings about releasing jail inmates without bail,, Anderson's office opposed the release of all but one of the 30 federal inmates held in Santa Rita Jail for whom defense attorneys had filed release motions.

"The federal inmate population at Santa Rita is very different from the state population at Santa Rita," Anderson said in a statement to the San Jose Mercury News. "The federal inmates at Santa Rita are presumed innocent but have already been found to be dangerous in virtually all cases."

Federal charges against zero bail offenders appear to be isolated to these two Bay Area cases. It's not the only time Anderson has filed charges against Bay Area defendants who were poised to receive a lighter sentence or be released.

The day after San Francisco District Attorney Chesa Boudin was elected in January, Anderson, who was appointed by President Donald Trump in 2018, announced he was bringing charges against two defendants accused of a gang-related murder whom former DA George Gascon chose not to pursue. Gascon only filed firearms charges for one of the co-defendants.

The federal indictments by Anderson's office included gang enhancement charges as well as murder involving firearms charges.

Alameda County District Attorney Nancy O'Malley declined to comment for this article.