MARTINEZ -- The Ninth District Court of Appeals has blocked the release of a Richmond man who had been ordered to submit book reports to a judge if he were to be freed on bond in advance of his trial.
An Oakland federal judge in May said that 23-year-old Otis Mobley Jr. could be released from jail on a $150,000 bond with the condition that Mobley read books from a reading list and submitted book reports to the court. Mobley faces charges that he and others tried to rob an undercover agent from the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Federal prosecutors appealed the order, and on Tuesday, a trio of Ninth Circuit judges said Mobley must stay in jail custody.
The appellate judges said they agreed with prosecutors' opinion that Mobley is a flight risk and poses a danger to the community.
"A review of the district court record also reflects that Mobley has a lengthy criminal history, a history of drug and alcohol abuse and previously failed to appear for six court proceedings," the Ninth Circuit opinion reads.
Mobley is charged with orchestrating the March 28 attempted robbery of an undercover ATF agent in the parking lot of a Richmond restaurant, which ended with a plainclothes officer shooting Mobley's co-defendant, 19-year-old Dmarce Hutcherson.
Mobley, his 18-year-old cousin Khusar Mobley and Hutcherson were indicted by a federal grand jury in April on felony charges that include assaulting a federal officer
Federal prosecutors allege that Hutcherson and Khusar Mobley brandished guns at the ATF agent while Otis Mobley, who had told a confidential informant he was looking to sell an illegal grenade launcher, waited outside the agent's undercover vehicle.
Judge Yvonne Gonzalez Rogers in May ordered that Otis Mobley could be released on bond if he were to submit to electronic home monitoring, read for at least one hour a day and write book reports for at least 30 minutes a day.
That unusual assignment is moot now that the Ninth Circuit blocked his pending release.
Contact Malaika Fraley at 925-234-1684. Follow her at Twitter.com/malaikafraley.