Wait. Here’s the icing on the cake.

S.F. offenders repeatedly return to streets

For those who wonder why San Francisco has such a problem with street people, look no further than the case of Daniel Grijalva, who most recently came to the attention of police when – while high on paint fumes – he allegedly masturbated on a downtown street in the middle of the day.

Grijalva, 45, has been arrested 98 times in San Francisco since 1991, records show. The list of crimes is impressive: robbery, resisting arrest, burglary, possession of narcotics, sale of narcotics, possessing narcotics near schools, battery, assault with a deadly weapon, destruction of evidence, false identification as a police officer, check passing, receiving stolen property, selling hypodermic needles, fraudulent use of credit cards, petty theft, sale of controlled substances, and battery with serious bodily injury.

Oh yes, and indecent exposure.

On Sept. 6, he was arrested at Washington and Drumm streets on suspicion of robbery, resisting arrest and violating parole. Twelve days later, he was picked up at 18th and Castro streets on a parole violation.

But because Grijalva is on what is called non-revocable parole – something given to nonviolent offenders – he was cut loose both times.

Then came Oct. 3, when Grijalva allegedly was flopping around on the sidewalk at Sutter and Hyde streets, masturbating, his mouth covered with paint.

Once again, he was taken down to the Hall of Justice and booked and placed on a parole hold.

Once again, he was cut loose within a week.

Police suggested we call the district attorney to find out why no charges were being filed. The DA’s spokesman, Alex Bastian, said it was a state parole issue and that we should call the California Department of Corrections and Rehabilitation.

The agency said it had no record of any Grijalva in the system.

Whatever the case, Grijalva is back on the streets.

Lest you think Grijalva is an isolated case, look up the court records on 28-year-old Leslie Bailey, who was picked up for indecent exposure while he allegedly tried to have sex with a BART seat in May.

Bailey, who is homeless and has two convictions for lewd acts, was on a crack cocaine binge when a BART driver called police.

At his trial, Bailey’s public defender, Emily Dahm, argued that while he might have been exposed, he was not trying to direct public attention to himself, a requirement for an indecent-exposure conviction.

“Mr. Bailey thought he was having a private moment,” Dahm said. “Unfortunately, he picked a really inappropriate place.”

An expert in addiction and pharmacology testified that Bailey, who has a history of mental illness, had stopped taking his antipsychotic medication.

While in jail, Bailey began taking his meds again.

After a day of deliberation, the jury convicted Bailey of lewd acts, but not of the felony indecent exposure charge. He was sentenced to time served and released.

“Our understanding is that Mr. Bailey was receiving mental health treatment prior to the incident,” said Public Defender Jeff Adachi. “Our understanding is that he is going to continue in that same treatment.”

Meanwhile, if you’re on the street, watch your step – and if you’re on BART, be sure to check your seat.

http://www.sfgate.com/bayarea/matier-ross/article/S-F-offenders-repeatedly-return-to-streets-4930986.php

Seriously, unbelievably fucked.


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