Decision to allow bail for suspect in death of San Jose community service officer meets criticism

SAN JOSE, Calif. (KGO) -- There was major pushback Thursday from both the mayor and the police chief in San Jose.

It surrounds a decision to allow bail for the man suspected in the death of Community Service Officer Long Pham.

San Jose Police Chief Paul Joseph and Mayor Matt Mahan both issued statements Wednesday night blasting a judge's decision that they say allows the suspect behind Pham's death to post bail and leave jail.

"It's infuriating, frankly," Mahan told ABC7 News.

Pham was beloved by family, friends and colleagues at the San Jose Police Department.

MORE: Memorial held for San Jose community service officer killed in line of duty

"His life, though tragically cut short, was filled with love, adventure and a deep commitment to serving others," Chief Joseph said at Pham's Memorial in August. "He was living his dream."

The 34-year-old was tragically killed when he was performing traffic control duties on Aug. 3.

Pham and his Community Service Officer partner Veronica Baer were standing outside their car behind flares and cones when the suspected drunk driver, 44-year-old Juan Huerta-Palacios, crashed through the barriers. Baer suffered major injuries. Pham died at a hospital.

"It's been a very painful loss for the department, the city and the broader community, particularly Vietnamese community," Mahan said.

In a statement, Joseph highlighted the fact that the suspect is facing a murder charge.

MORE: Vigil held for Long Pham, San Jose community service officer killed by suspected drunk driver

His statement said:

"The defendant who killed Community Service Officer Long Pham and seriously injured Community Service Officer Veronica Baer is facing a murder charge for his actions. That murder charge is based upon a previous conviction for alcohol-related reckless driving. Previous warnings to this defendant about the dangers of drunken driving did not prevent him from killing Long Pham. Why should we think that these restrictions adequately protect the public from his bad judgement again? We stand with the District Attorney's Office in objecting the defendant's release in the strongest possible terms. An officer is dead and the man who killed him was let out on bail to go home against our objection, against our community's objection."

ABC7 reached out to the Santa Clara County Sheriff's Office who said Thursday morning that the suspect is still in custody and has not yet posted bail.

Still, officials are blasting the decision that gives him that option.

"You're repeatedly making bad decisions and have had a warning and have failed to change your ways and then deciding to engage in that risky behavior again, has led to the death of an innocent person," Mahan said. "I just have a hard time with this decision."

Court records surrounding the case were confidential in the Santa Clara County Hall of Justice records.

ABC7 reached out to the Santa Clara County DA to find out more details about the judge's decision and have not yet heard back.