People v. Giro CA3

BACKGROUND

In February 2023, Giro was driving on a surface street when he made a U-turn and then accelerated, intentionally crashing his car into the back of the victims’ vehicle. Witnesses estimated that Giro was traveling between 40 and 50 miles per hour at impact. He was suicidal, asking the responding officer and a witness at the scene to kill him. The People charged Giro with two counts of assault with a deadly weapon, a vehicle (§ 245, subd. (a)(1)), and alleged a single enhancement of great bodily injury on an individual over 70 years old (§ 12022.7, subd. (c)). On March 27, 2023, the trial court authorized Giro’s pretrial release on bail under specified conditions, including that he not drive, and granted his request for a psychological evaluation by Dr. Marine Jakubowski. Dr. Jakubowski first attempted to interview Giro on April 21, 2023. On April 24, 2023, Giro was placed on a 72-hour hold under Welfare and Institutions Code section 5150 (5150 hold). The trial court revoked his bail when he failed to appear for court on April 26, 2023. It appears that his bail was reinstated upon confirmation that he was hospitalized on the date of the hearing. Dr. Jakubowski evaluated…