Yeiner Perez, the naked acrobat who has been behind bars for nearly four months after dropping trou and allegedly attacking passengers at BART, is attempting to be released from jail.
According to the District Attorney's Office, Perez's attorney has filed a motion asking the court to release the defendant on his own recognizance, which prosecutors "completely oppose." The judge will hear the motion tomorrow afternoon, said Alex Bastian, spokesman for the DA's Office.
"In the interest of public safety and the community at large and the defendant himself, we are opposed to the defendant being released in the manner in which it's being proposed," Bastian told us.
As readers could never ever forget, Perez, 24, was arrested in June after he was seen on video, naked, attacking BART passengers in between performing bizarre, yet very professional, acrobatic stunts, including aerials and the splits.
Perez, who, according to authorities, is in the United States illegally, had been a member of a local circus troupe dubbed ClownsnotBombs which later fired him after the video of his antics went viral.
The incident occurred on May 10, and although he was detained, police released Perez after he underwent a psychiatric evaluation and the DA declined to file charges. It wasn't until a month later that the video appeared on YouTube, sparking outrage and confusion over why the man seen in the video had not been arrested.
Using the video as more evidence that a crime or two had occurred, BART police tracked down Perez and arrested him again on June 17. His bail was set to $100,000, which he has not been able to pay.
Perez has been charged with two felony counts of false imprisonment and four misdemeanor counts of battery on public transportation.
The Public Defender's Office told the Examiner that Perez has been deteriorating in jail and not receiving the kind of treatment that would offer a lasting solution to his mental illness. According to Perez's attorney, Paul Myslin, the Department of Public Health refuses to approve funding that would allow Perez admission into San Francisco's Behavioral Health Court, which offers mental health care for defendants in certain criminal cases and helps them find housing and jobs, the Ex reports. That's because when Perez was arrested, he told authorities he lived in Berkeley and the program is only available to San Francisco residents.
However, Myslin said that Perez is actually homeless and has been couch surfing with friends up until his arrest.
As a result of all this, Myslin is asking the court to release Perez so that he can seek the mental health treatment in Alameda County. A judge is expected to make a ruling tomorrow.
No word on whether Perez, who is an East Bay resident, would hop BART home should he be released from jail.