Rape suspect arraigned, bail raised

SAN JOSE >> A rape suspect’s bail was more than doubled during his arraignment Monday, on charges he assaulted a woman who brought food and supplies to his makeshift shelter in San Martin last month.

The case against 43-year-old Sharwian Bobian was also transferred to the South Santa Clara County courthouse in Morgan Hill following the brief court hearing in San Jose on Monday. Judge Cynthia Sevely appointed the Public Defender’s Office to represent him before sending Bobian back to the Main Jail. And, his bail was raised from $101,000 to $275,000, based on the rape charge and an unrelated misdemeanor charge.

Bobian’s case attracted controversy after the District Attorney’s Office initially declined to charge him after his Jan. 2 arrest, and he was released from custody. The reported victim, community members, and the Sheriff’s Office voiced dismay about the decision. The victim was particularly outspoken, reaching out to multiple news outlets.

Prosecutors continued to evaluate the case and filed a rape charge against Bobian on Feb. 4. That sparked a four-day manhunt for Bobian that ended Friday morning when he was arrested by a San Jose police officer near Yerba Buena Road and Highway 101.

“The case now has been thoroughly investigated. Police did a phenomenal job,” Deputy District Attorney Anne Seery said after Monday’s hearing. “We’re comfortable with the charges, and hope that justice is served.”

The victim reported the rape shortly after 6:30 p.m. on Jan. 2. The victim told responding Sheriff’s deputies that she had visited Bobian at his makeshift shelter across from the San Martin Transfer Station on Llagas Avenue — constructed from tarps and shopping carts — to give him food and toiletries, which she and her family had done several times in the past.

According to the ensuing police report, the victim said that Bobian got a “crazy look in his eyes,” commented on her appearance, and, using a profanity, said he wanted to have sex with her. Moments later, she said in the statement, Bobian raped her. She told deputies that “she did not want to say anything to (suspect) Bobian because she did not want to die.”

Charges were not initially filed in part due to questions about the suspect’s mental capacity and because the lack of active resistance by the victim led prosecutors to believe they did not have a case that could be proven beyond a reasonable doubt to a jury. A month later, they changed course.

In an interview last week, the reported victim said she spoke up about her case to ensure other people in her situation will be given better consideration.

“I never wanted to be in this situation. Now I’m just trying to raise awareness and accountability,” she said. “There needs to be change. It’s not acceptable at all.”