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Judge denies bail to Alameda man accused in fatal hit-and-run
By Peter Hegarty Alameda Journal
Jul 24, 2008
The attorney for the man accused of using his sport utility vehicle to intentionally run down and kill a pedestrian on Shore Line Drive asked a judge to grant him bail Wednesday, saying the defendant has no violent history and would not be a flight risk because he has strong community ties.
More than two dozen family members and friends of Dionisio Roxas Molina, 36, packed the courtroom as defense attorney David Billingsley asked a judge to set bail for Molina at $150,000.
Judge Delbert Gee denied the request, noting that Molina is facing murder and attempted murder charges, and that he's accused of attacking two detectives at the Alameda police station.
Gee called Molina's behavior "inexplicable to say the least."
Molina was angry over marital problems when he drove up onto the beach-front pathway the morning of July 5, striking 78-year-old George Marceline, police said.
Molina also allegedly tried to run down a female pedestrian just moments earlier.
Police said he targeted the victims at random.
"What happened on that day is unusual," Billingsley said. "Mr. Molina has no history of violence or engaging in aggressive types of behavior that would be a danger to the community in any fashion."
Prosecutor Charlotte Green, however, said Molina had targeted people who were "particularly vulnerable" because he drove up onto a path that joggers, cyclists and others frequent.
She also noted that a witness reported Molina was traveling up to 40 mph when his green 1997 Jeep Cherokee allegedly hit Marceline.
"He obviously could not see the vehicle and was struck and killed and died at the scene," Green said.
If bail was to be granted, she asked the judge to set it at $10 million.
Molina is expected to enter a plea on Aug. 19.
According to investigators, Molina was angry following an argument with his wife on July 4 at their Alameda residence. She left with their two children to celebrate the holiday in Manteca and had not returned home when Molina got into the Jeep about 5 a.m. the next day and drove along Shore Line Drive, police said.
Molina initially used his SUV to force open a padlocked gate at the entrance to Robert W. Crown Memorial Beach and plow down a cyclone fence at the park, Green said.
He then continued driving along the street without headlights on, knocking over a stop sign and a street light, Green said.
Police arrested Molina in the 2200 block of Shore Line Drive, where a patrol officer described him as "dazed and confused," Billingsley said.
After he was taken into custody, Molina spent several days in Alameda Hospital, where police said he underwent neurological and other tests.
Billingsley described Molina as an Alameda homeowner whose mother also lives here.
The attorney reminded the judge that Molina's behavior at the arrest scene led investigators to seek a medical examination when he made the pitch for bail on Wednesday.
But Gee told Billingsley that the attorney had offered no evidence of mental illness or that Molina was undergoing any specific treatment.
The judge did say, however, that he was open to considering bail if new evidence was presented.
Reach Peter Hegarty at phegarty@bayareanewsgroup.com or 510-748-1654.
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