District Attorney Fights Local Placement of Violent Sexual Predator

District Attorney Fights Local Placement of Violent Sexual Predator

San Bernardino, CA

For the last six months, San Bernardino prosecutors assigned to the District Attorney’s Sexually Violent Predator and Appellate Services Units have fought successfully to keep convicted, sexually violent predator, Luther B. Evans from being placed in San Bernardino County. 

“So far, we have extended every resource at our disposal to stop this predator from entering our community,” District Attorney Mike Ramos said. “San Bernardino will not be used as a dumping ground for sexually violent predators.” 

In 2003, Evans was committed as a Sexually Violent Predator (SVP) by the San Francisco Superior Court. His commitment followed 1976 criminal convictions for residential burglary, rape and assault with the intent to commit rape, in addition to a second rape in 1980. Evans also committed sexual battery while attempting a rape in 1991. Court records show Evans presented as a “wanton and lawless psychopath.” 

In August 2015, Evans petitioned the court for conditional release and indicated that San Francisco was both his county of residence and his county of commitment. In November 2015, the court granted Evans’ petition and nominally released him to outpatient treatment. SVP law required that Evans be placed in San Francisco County where he committed his crimes unless it could find extraordinary circumstances that required specific notice to the county where he would be released. 

Liberty Health Care, the agency responsible for overseeing Evan’s placement, spent the next six months trying to find a location in the nine Bay-area counties—the efforts were unsuccessful, as was an expanded search east of Santa Clara County and north to the state line. Last May, the involved parties and Liberty appeared before the court in San Francisco and proposed placement of Evans within the limits of San Bernardino County. 

San Bernardino fought the placement and in the process an SVP prosecutor discovered the San Francisco Court had never actually had a hearing in which Evans received a civil commitment to the State Mental Hospital as a sexually violent predator—a prerequisite to any outpatient release and supervision. 

This discovery and other pertinent arguments presented to the court by San Bernardino County led the San Francisco Superior Court to rescind the outpatient placement order and set the case for trial to determine whether Evans remains a Sexually Violent Predator subject to placement at the state hospital. 

A hearing is set for further proceedings on this case in the San Francisco Superior Court on January 18.

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