Update 2:13 p.m.: We've just learned that Yeiner Perez will not be taking BART home tonight. A friend is scheduled to pick him up at 5 p.m. Also, his stay-away order is still in effect for the 16th St. BART Station, but not for the whole system, according to Tamara Barak Aparton, spokeswoman for the Public Defender's Office.
Despite pleas from San Francisco prosecutors, a judge this morning went ahead and released Yeiner Perez, BART's infamous naked acrobat, from jail.
According to the Public Defender's Office, 24-year-old Perez was released on his own recognizance so he could get mental health services in Alameda County. He has already scheduled an intake appointment for next week.
Perez has been behind bars since early June after he was caught on video naked and assaulting BART passengers in between performing acrobatics, including aerials, the splits, and impressive handstands.
Perez was arrested and later charged with two felony counts of false imprisonment and four misdemeanor counts of battery on public transportation.
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.
His attorney, Paul Myslin, recently filed a motion for his release, saying 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. That's because when Perez was arrested, he told authorities he lived in Berkeley and the program is only available to San Francisco residents.
So now, he's free to go back to Alameda County and get the mental health treatment he needs. No word on whether he'll be taking BART back to the East Bay.