San Jose, California – Two men from Arizona involved in a violent attack on a police vehicle during a sideshow near Santana Row have been granted release to a South Bay treatment center by a judge. Gabe Durbin, 26, and Tyler Durbin, 22, were arrested on June 19 and initially held without bail. However, Judge Hector Ramon approved their transfer to a sober-living facility despite objections from the Santa Clara County District Attorney’s Office.
The judge’s decision came after arguments by defense attorneys highlighting the Durbin brothers’ lack of prior violent behavior and their approval to be taken in by a San Jose treatment facility. Tyler Durbin’s young age and expression of remorse for his actions were emphasized during the proceedings, with his attorney noting that he made poor decisions in the heat of the moment.
Prosecutors argued against the release, pointing out that the defendants were part of a group that assaulted a police officer without cause and delayed assistance to an injured civilian during the sideshow. The brothers face felony charges, including assault on a peace officer and vandalism.
Despite the judge’s decision to release the Durbins, conditions were set, including electronic monitoring and a prohibition on seeking information about sideshows. The defense and prosecution also disputed the brothers’ ties to the area, with authorities being told they were in the vicinity to clear out a storage unit rented by their mother.
The incident involved a police officer responding to reports of an individual being struck by a car during a sideshow. The officer’s vehicle was surrounded by a crowd, leading to an altercation where the vehicle was struck and damaged. The Durbin brothers were identified as participants in the attack through video evidence posted on social media before their arrest.
Investigations are ongoing to locate other individuals involved in the attack. The Durbins’ release to a treatment center marks a unique development in the case, as they await prosecution for their involvement in the violent incident near Santana Row.