SF judge accused of handing down light sentence in armed robbery spree case

SAN FRANCISCO (KGO) -- It's perhaps the most important debate underway in San Francisco right now - how to combat crime. District Attorney Brooke Jenkins is spotlighting yet another judge who, she says, is letting a dangerous criminal off easy, telling the I-Team, "We are dealing with a culture in our courthouse of judges being excessively lenient." But Public Defender Elizabeth Camacho argues the defendant deserves another chance, saying "He had no prior convictions, no record."

The I-Team has obtained evidence in an armed robbery spree and covered the sentencing hearing this week. Over the past few years, we've highlighted various judges facing complaints that their easy sentences don't do enough to deter crime. The Public Defender's Office has always given me written statements for those reports but they agreed to their first interview in this ongoing important debate.

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The defendant, 25-year-old Gerardo Saavedra, grew up in the East Bay, graduated from Fairfield High, and dreamed of playing professional soccer. But court exhibits obtained by the I-Team show on a Friday night in September 2023, he brought a ghost gun to San Francisco, dropped his girlfriend at a bar, and went on a two-hour armed robbery spree.

Dispatcher: "San Francisco 911."
Victim: "We're at the Paramount, 680 Mission and we just got mugged."

His victims, five women in their 20's - including some tourists, out for an enjoyable evening. They told police, Saavedra got their attention by racking his handgun.

Officer: "What did he do with the gun when you, when he first -"
Victim: "He just like cocked it or like I heard the click."
Officer: "Oh, you heard the click sound?"
Victim: "Yeah, yeah."

One of the victims had an app to track her phone and helped police find Saavedra. When they pulled over his car, they found the ghost gun, a magazine with ammunition, and the victims' pursues, ID's, keys and credit cards.

Officer: "You can sit down if you want."
Saavedra: "I'm all right."

The evidence against Saavedra included a jailhouse call.

Saavedra: "I did an armed robbery, n__."
Caller: "You robbed somebody?"
Saavedra: "Yes."
Caller: "You pointed a gun at him?"
Saavedra: "Yes."

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A jury found Saavedra guilty of five counts of armed robbery with a firearm enhancement. The district attorney's office asked for a sentence of 23 years and 8 months in state prison.

"When you talk about armed robbery, we are talking about a type of crime that truly, truly puts lives at risk," Jenkins said.

The probation department's presentence report recommended a 15-year sentence, but the public defender argued Saavedra is a first-time offender, that he was pressured to commit the robberies by an older adult, and that he should get out on probation right away - no more jail time.

"He's the perfect person for that," Camacho said. "They could come up with a plan. They could do what San Franciscans pay them to do, which is give resources, right? Set up with a comprehensive plan."

At the hearing Wednesday, Judge Brian Ferrall gave Saavedra 4 years, 8 months in state prison. With time served, he could be back on the streets in less than two years.

Jenkins wories that "the courts are signaling that there's not much value being placed on even violent crime in San Francisco. And so that serves as a lack of an incentive for people not to come here and commit those acts."

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Camacho told the court she'll be appealing under the Racial Justice Act, saying minorities receive harsher punishments. Comacho also accused Judge Ferrall of racial bias against both her, a Mexican-American, and her client, complaining about his "skepticism and facial expressions and tone when making comments that can't be captured by the record."

Noyes: "You told the judge right to his face that you felt as though he was making faces, using inappropriate tone with you that was indicative of racial bias."
Comacho: "I don't want to talk about that specifically, because that is also a point that's being litigated."

Jenkins argues this case could have turned out like Ricky Pearsall, the 49er shot last August because a robber wanted his Rolex. But, it appears that night, Saavedra did not have bullets in his ghost gun, though he did have a magazine with bullets in his jacket pocket.

Camacho also emailed this statement to the I-Team:

"Mr. Saavedra is a young man who has acknowledged his wrongdoing, expressed remorse, and is ready to take accountability for his actions. We believe he can best do that under the supervision of probation so he can build upon his extensive rehabilitative efforts that he's made since his arrest. He has taken every available class, worked diligently in the kitchen, and freely shared his artwork to uplift others who remain subjected to the bleakness of jail.

Mr. Saavedra has no criminal history and was only 24 years old at the time of this offense. It is unreasonable for the District Attorney to demand that he spend the equivalent of his lifetime in prison for the mistakes he made on a single day of his life. No one is discounting the seriousness of his actions that day, but we must also acknowledge that no one was physically harmed and two of the victims and a juror have asked the court to grant him leniency and send him home.

Mr. Saavedra is a hardworking young man who held jobs, even throughout high school, to help support his family. He and his family want nothing more than for the court to grant him the opportunity to return home, get back on track to live a peaceful and productive life, and make amends for his mistakes however he can.

We believe that he was being manipulated by an older man into committing these actions and was therefore acting under duress. However, the court did not allow the jury to consider that in their deliberations, and so that is an issue we will be pursuing on appeal."

Take a look at more stories and videos by the ABC7 News I-Team.