A judge has granted the release of Gabe Durbin, 26, and Tyler Durbin, 22, two Arizona men charged in connection with a violent sideshow near Santana Row in San Jose. The decision was made by Judge Hector Ramon, who ordered the brothers to be transferred to a South Bay treatment center while their case is prosecuted.
Initially, the Durbin brothers were remanded to jail without bail after their arraignment on Monday. However, Judge Ramon approved their transfer to a sober-living facility on Friday, despite objections from the Santa Clara County District Attorney’s Office. The judge also denied their request to return to Arizona, expressing concerns about their potential failure to appear in court.
As part of their release conditions, the Durbins will be subjected to electronic monitoring and are prohibited from searching for any information about sideshows. The judge’s decision was influenced by arguments from Deputy Alternate Defender Heather Harris and Deputy Public Defender Patrick Geddes, who highlighted the brothers’ lack of a violent history and their approval for admission to a San Jose-based treatment facility.
Deputy District Attorney Timothy Moore, however, opposed their release, stating that the sober-living facility was not suitable for the defendants as there was no evidence of substance abuse. Moore argued that the treatment aspect was irrelevant to public safety and merely served as an alternative to jail.
The Durbins’ ties to the area were also debated in court, with the defense attorneys and Moore presenting conflicting information. The brothers had lived in Salinas and briefly resided in San Jose, but they had also made multiple moves to Arizona, where their mother currently resides. They claimed to be in the area to vacate a storage unit rented by their mother.
The Durbin brothers face felony charges of assault on a peace officer, resisting arrest, and vandalism, along with an additional misdemeanor charge of resisting arrest. These charges stem from an incident on June 15, where a reserve police officer responded to a sideshow at Winchester Boulevard near Olin Avenue. The officer was surrounded by a crowd, some wearing ski masks, who proceeded to attack the officer’s patrol SUV. The incident ended when Santa Clara police officers arrived, and the San Jose officer sustained a cut on his hand from broken glass.
The investigation, aided by eyewitness videos, identified Gabe and Tyler Durbin as participants in the attack. They were subsequently arrested in San Juan Bautista. Tyler Durbin admitted to punching the patrol vehicle, while Gabe Durbin denied being in San Jose but admitted to traveling to California with his brother.
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Great news! It's commendable that the judge has granted the release of Gabe Durbin and Tyler Durbin. This decision shows that the justice system is fair and considers individual circumstances. It's important to remember that everyone deserves a chance at redemption and rehabilitation.