Judge sets bail at $1.5 million each for jail guards charged in inmate death
SAN JOSE (BCN) - Bail was set at $1.5 million each Friday for three Santa Clara County jail guards accused of murdering an inmate late last month.
Jereh Lubrin, 28, Rafael Rodriguez, 27, and Matthew Farris, 27, appeared in a packed courtroom filled with their family and friends at the Hall of Justice in San Jose, where Superior Court Judge Allison Danner set the steep bail.
They are each facing charges of murder in the death of Michael Tyree and assault under the color of authority in Juan Villa, both inmates at the county's Main Jail.
The packed courtroom was filled with dozens of family members and friends of the defendants.
The defendants' respective attorneys had argued for reasonable bail be set because their clients were not a flight risk, not a threat to the public, had strong ties to the community and called the alleged murder an "isolated incident."
Michael Pavone and William Rapoport, attorneys for Rodriguez and Farris, respectively, had called for bail to be set between $100,000 and $200,000.
Deputy District Attorney Michael Braker argued Danner to not set bail for the defendants, but if she chose to recommended the amount be set at $10 million each.
Evidence has shown the defendants were "quite violent" when they were unsupervised and "tormented" inmates before Tyree's death, Braker said.
The guards, who face a life sentence if convicted, have first-hand experience of life inside jail and that may lead them to flee the area, Braker said.
They may also "intimidate" witnesses in the case through other jail guards or inmates, according to Braker.
Pavone said the potential for the defendants to speak with other inmates and fellow officers on the case was "ridiculous" because it would violate their bail and jeopardize their jobs.
The guards, who are currently on paid administrative leave, entered the sixth floor wing of the jail around 10:45 p.m. on Aug. 26 when they allegedly beat Villa over a dispute with another inmate, prosecutors said.
Minutes later, Lubrin and Farris allegedly entered Tyree's cell and assaulted him while Rodriguez stood by the door, according to prosecutors.
Tyree, 31, who suffered from mental illness, was pronounced dead roughly two hours later around 12:30 a.m. on Aug. 27.
Attorney Judith Odbert, representing Lubrin, said her client has received numerous certificates and letters of appreciation for his service with the Marine Corps.
"He is an upstanding member of this community," Odbert said. Lubrin had complied with investigators who searched his home before his arrest and later turned himself in, Odbert said.
Lubrin and Rodriguez do not have a criminal history but Farris was convicted of a misdemeanor driving offense in 2007, according to court documents.
The defendants all live with their families in the San Jose area, their attorneys said.
The defense attorneys have submitted to court letters from the defendants' immediate family, relatives, retired police officers, correctional employees and friends asking the court to set bail.
On Monday, prosecutors filed in court a motion against bail that showed text messages between Rodriguez and Farris that they allegedly assaulted other inmates about a month before Tyree's death.
In a text message to Rodriguez on July 24, Farris said, love 6A no camera and no groups, I hope I keep it."
In response Rodriguez said, "No way I slapped a guy yesterday Cu (sic) he was cursing at the nurse and I told him to shut the (expletive) up and have some respect."
Pavone and Rapaport said they have only heard about the text messages within the past two days and have not had a chance to review the exchanges.
Prosecutors in their motion also alleged Lubrin assaulted other inmates earlier this year.
Lubrin allegedly assaulted two inmates in separate incidents in March, when he nearly broke the hand of an inmate who accused him of "hating black people" and used force on another inmate who said the deputy was "picking on Asians," according to prosecutors.
On July 2, Lubrin allegedly started a scuffle with another inmate who he claimed was being disrespectful to a nurse during pill call, prosecutors said.
Before issuing her decision, Danner said she wasn't giving the guards special treatment and prosecutors did not provide enough evidence under state Constitution that the defendants would threaten others with great bodily harm if they were released.
The District Attorney's Office did not comment on the judge's decision after the hearing.
Pavone requested the judge to consider Rodriguez's property valued at $848,000 to be considered for posting bail.
Rapoport said he is still figuring out how he plans to post bail for his client.
Rodriguez and Farris were scheduled to appear on Sept. 28 to discuss bail.
The next court hearing for all three defendants was set for Oct. 13.