Bail Raised for San Martin Rape Suspect Sharwian Bobian

A judge drastically upped the bail Monday for a homeless rape suspect charged with assaulting a woman who brought food to his San Martin shelter last month.

In a brief arraignment at San Jose’s Hall of Justice, Judge Cynthia Sevely raised 43-year-old Sharwian Bobian’s bail from $101,000 to $275,000 and appointed the Public Defender’s Office to represent him. The Santa Clara County Superior Court judge also assigned the case to the Morgan Hill courthouse, which makes things more convenient for the victim and her husband who live just a town over.

The South County rape case drew intense scrutiny when the District Attorney on Feb. 5 reversed course after initially refusing to file charges because of the defendant’s mental illness and the victim’s lack of verbal or physical resistance during the alleged assault. By the time the DA decided to prosecute, however, police had no clue where Bobian went.

The suspect was finally arrested on Friday after a four-day manhunt that authorities tried to avoid publicizing. But officials said the San Jose police officer who ultimately made the arrest recognized Bobian’s face from TV reports prompted by San Jose Inside’s coverage.

Bobian, who’s being detained at San Jose’s Main Jail, is scheduled for a second hearing this week at 1:30pm Thursday in the Morgan Hill courthouse.

9 Comments

  1. It took the media and a ” 4-day manhunt” to do what Jeff Rosen’s office failed to do in the first place. Mr. Rosen continues to cost taxpayers money for his bumbling and self- serving management of the DAO. Women’s organizations are reportedly fed up as Rosen continues polices that repeatedly fail victims. These failures have a price tag beyond the harm Rosen put the victim through. Great to hear that Judge Cynthia Sevely is a judge recognizing the rights of victims of sexual assault. Perhaps it is time the Board of Supervisors take the Victim Services Unit out from under Rosen and place it under Sherriff Smith. Never a perfect solution, but Rosen’s track record screams time for change. Or at least time for some local media attention. And why were local law enforcement agencies trying to keep Rosen’s failures a secret? Great reporting San Jose Inside, now time to add up what Rosen’s lapse of judgement, and abuse of discretion, cost local taxpayers.

  2. This Defendant should have been remanded-No bail.
    The Victim will be a “costly” Plaintiff to Santa Clara County.
    David S. Wall

    • For all practical purposes, it is a no-bond hold. I don’t see the Defendant getting $27,500 to post for the bond. If the bond has to be fully collateralized then it definitely will be a no-bond hold.

  3. What happen to CA not wanting to put bail on people. Either do it or don’t do it. I’m sure this guy shoplifted also. Little crimes lead to big crimes.

    • You raise a good point. I wouldn’t be surprised if the Defendant had lots of little crimes with minimal consequences and he graduated to a bigger crime.

  4. The DA only likes to prosecute sure things. This might be a difficult case to prosecute. I hope it doesn’t turn out to be the case but there is a good chance that the Defendant walks with an acquittal. The public (aka pretend) defender is likely to try to plea bargain this out to a much lesser charge.

  5. This man is poor and bail is not fair. Abolish bail in the state of CA. No I cannot keep a straight face.

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