Editor's Note: Information about a previous DUI was incorrect and has been removed.Β
The woman accused of kicking a sheriffβs sergeant in the eye, forcing doctors to remove it, will have her bond lowered from $300,000 to $25,000.
Pima County Superior Court Judge Michael Butler called the initial $300,000 bond for Yesennia Gonzalez, 28, βexcessiveβ and lowered it at a hearing Tuesday.
Gonzalez was arrested Dec. 10 around midnight on suspicion of DUI in the area of East Drexel Road and South Alvernon Way. When deputies put her in handcuffs and tried to place her in a patrol car, she began kicking at them, according to a department news release.
During the struggle, Gonzalez kicked Sgt. Mark Bustamante in the left eye with the heel of her boot, officials said. Bustamante was taken to a hospital and doctors operated on his eye, but could not save it.
Gonzalez was charged with one count each of aggravated assault that caused serious physical injury, aggravated assault with a deadly weapon/dangerous instrument, aggravated assault on a peace officer and resisting arrest, all of which are felonies, according to a Dec. 19 indictment.
She also faces misdemeanor charges of driving under the influence of liquor, drugs, or vapors; DUI of 0.08 blood-alcohol content or more; and driving under the extreme influence of liquor, with a blood-alcohol content between 0.15 and 0.20.
Gonzalez pleaded not guilty to the charges. She appeared in court via a television screen, where she could be seen wearing a jail jumpsuit and handcuffs. Her image was displayed in front of more than two-dozen uniformed sheriffβs deputies and a similar number of Gonzalezβs family and friends. Only the judge and lawyers spoke at the hearing.
If Gonzalez posts the $25,000 bond, she would be released to the supervision of Pretrial Services, which would prohibit her from drinking alcohol or driving without a license. Butler also forbade Gonzalez from contacting Bustamante or his family.
If convicted, she faces a minimum of 10Β½ years in prison.
Deputy County Attorney Ryan Schmidt said although Gonzalez does not have a criminal history or a record of failing to appear in court, the bond should remain at $300,000.
Schmidt said the potential of spending a decade in prison was an incentive for Gonzalez to flee if she were able to post bond.
Defense lawyer Suzanne Crawford said her client should be released, as Pretrial Services recommended.
βShe needs to be out there supporting her children,β Crawford said.
Butler said he could understand how it would seem unjust for Gonzalez to be released, but he pointed to the conclusion made by Pretrial Services that she was low-risk.
