S.F. offenders repeatedly return to streets

Daniel Grijalva has been arrested 98 times in San Francisco since 1991. Photo courtesy San Francisco Police Department Daniel Grijalva has been arrested 98 times in San Francisco since 1991. Photo courtesy San Francisco Police Department Photo: M&r28, San Francisco Police Department Photo: M&r28, San Francisco Police Department Image 1 of / 1 Caption Close S.F. offenders repeatedly return to streets 1 / 1 Back to Gallery

For those who wonder why San Francisco has such a problem with street people, look no further than the case of Daniel Grijalva, who most recently came to the attention of police when - while high on paint fumes - he allegedly masturbated on a downtown street in the middle of the day.

Grijalva, 45, has been arrested 98 times in San Francisco since 1991, records show. The list of crimes is impressive: robbery, resisting arrest, burglary, possession of narcotics, sale of narcotics, possessing narcotics near schools, battery, assault with a deadly weapon, destruction of evidence, false identification as a police officer, check passing, receiving stolen property, selling hypodermic needles, fraudulent use of credit cards, petty theft, sale of controlled substances, and battery with serious bodily injury.

Oh yes, and indecent exposure.

On Sept. 6, he was arrested at Washington and Drumm streets on suspicion of robbery, resisting arrest and violating parole. Twelve days later, he was picked up at 18th and Castro streets on a parole violation.

But because Grijalva is on what is called non-revocable parole - something given to nonviolent offenders - he was cut loose both times.

Then came Oct. 3, when Grijalva allegedly was flopping around on the sidewalk at Sutter and Hyde streets, masturbating, his mouth covered with paint.

Once again, he was taken down to the Hall of Justice and booked and placed on a parole hold.

Once again, he was cut loose within a week.

Police suggested we call the district attorney to find out why no charges were being filed. The DA's spokesman, Alex Bastian, said it was a state parole issue and that we should call the California Department of Corrections and Rehabilitation.

The agency said it had no record of any Grijalva in the system.

Whatever the case, Grijalva is back on the streets.

Lest you think Grijalva is an isolated case, look up the court records on 28-year-old Leslie Bailey, who was picked up for indecent exposure while he allegedly tried to have sex with a BART seat in May.

Bailey, who is homeless and has two convictions for lewd acts, was on a crack cocaine binge when a BART driver called police.

At his trial, Bailey's public defender, Emily Dahm, argued that while he might have been exposed, he was not trying to direct public attention to himself, a requirement for an indecent-exposure conviction.

"Mr. Bailey thought he was having a private moment," Dahm said. "Unfortunately, he picked a really inappropriate place."

An expert in addiction and pharmacology testified that Bailey, who has a history of mental illness, had stopped taking his antipsychotic medication.

While in jail, Bailey began taking his meds again.

After a day of deliberation, the jury convicted Bailey of lewd acts, but not of the felony indecent exposure charge. He was sentenced to time served and released.

"Our understanding is that Mr. Bailey was receiving mental health treatment prior to the incident," said Public Defender Jeff Adachi. "Our understanding is that he is going to continue in that same treatment."

Meanwhile, if you're on the street, watch your step - and if you're on BART, be sure to check your seat.

Do as I say: How's this for chutzpah?

San Bruno City Council candidate Marty Medina, a former city public works employee, is making the town's slow collection of sewer and water bills among the key issues of his upstart campaign - while Medina himself has been a deadbeat debtor to the city.

Medina, campaigning against rising utility rates, called out the City Council at a recent meeting for writing off $653,018 in sewer and water bills "that should have been collected."

Well, San Bruno does have a collections problem - of another sort. And it involves Mr. Medina.

Like all San Bruno city workers, he was offered an $80,000 low-interest loan to buy a house in town when he joined up as a public works employee in 2002.

The catch: He was required to pay off the loan within six months of leaving the city payroll. That clock started ticking last year when he quit his $88,000-a-year city job to take a water-district post in the East Bay.

Now it's been 11 months - and, despite several notices from the city's attorneys, as of late last week he still owed $32,449, including fees and interest, officials said.

"The city is intending to proceed (with foreclosure) by filing a notice of default," Finance Director Kim Juran told us.

Well, after our inquiry, Medina - who admitted to being cash-strapped - said Friday that he had just delivered three checks totaling $26,000 to the city Finance Department.

When we pointed out that he still owed another few thousand, he said, "I always had full intention of paying, and if that's the case I will write out another check today."

As for ripping the city for its collections process while he owed money himself, Medina said, "The main difference is they are collecting their debts in this case and I am paying it."