Following intense community pressure, Elvira Zayas, a 19-year-old youth from the Mission, was released on Sept. 25 after being incarcerated for almost one month with a $1 million bail.
She and two other youths were charged with dissuading a witness, assault with a gang enhancement and participation in a gang. Charges would have given the youth at least 7 years in prison if convicted.
As testified by the alleged victim and SFPD Officers during a preliminary hearing, two young men allegedly assaulted another man on Aug. 29 at 22nd and Shotwell streets after asking if he was a “Sureño.”
The two men, seeing the alleged victim reaching for his cell phone, told him to hang up either before or as they proceeded to run away. The victim followed one person to a house where a young woman allegedly exited the building and assaulted him.
A police car passed and was motioned to stop by the victim who recounted the incident. Officer John Cathey placed two suspects who were identified by the alleged victim into custody. The third person was arrested separately.
“We are here with our posters saying free Elvira Zayas … keep migrant families together,” said Erika Céspedes, a community organizer, at a Sept. 20 rally outside 850 Bryant St. “This is unfair. This is a case of racial profiling. This is what happens when gang injunctions and police surveillance are in our communities.”
The examination of the prosecutor’s witnesses throughout the four-day preliminary hearing placed a strain on the hopes of supporters. Lawyers could be seen reassuring family members of the incarcerated youth, stating that they had to be careful with the sensitivity of the case.
After the second day of interrogation the alleged victim showed signs of weariness.
“I want to withdraw charges; I want to stop this,” the victim said. “I just want for the police to leave me alone … I just want to go on with my life.”
However, Judge Raymond Arata did not permit the defense attorney to inquire whether the victim felt pressure from the District Attourney’s office or the SFPD to testify.
“It is not often that a person in Elvira’s position has the force of an entire community behind her,” said Autumn Paine, Zayas’ defense attorney. “It is not only a lesson to everyone attending in how our justice system works, but [it] also lets the court and prosecutor know that the community is watching.”
Community support had been vast since the arrest. A Facebook event created by organizers and friends of Zayas quickly spread the word of the incident, attracting over 200 people. Supporters raised over $6,000 to go towards Zayas’ legal fees.
Zayas’ release is a relief for the many people who were adamantly beside her throughout her incarceration. The youth, many of whom Zayas had met in different community organizations, plan to continue fund raising projects and events in order to bring awareness to the harsh sentences young people of color face in these circumstances.
Zayas’ arraignment will be held Oct.9. “I feel that this is a huge victory, although we still have a lot of work to do to prepare this case for trial,” said Paine.