A Sylmar man accused of tying up Santa Maria bank employees' hands behind their backs and fleeing with money has been released from the Santa Barbara County Jail despite objections from the traumatized workers.
During a Santa Barbara County Superior Court hearing in Santa Maria this week, Nolberto Reyes Hernandez, 65, of Sylmar was referred to the mental health diversion program over objections of the District Attorney's Office.
Hernandez had been charged with kidnapping for robbery and false imprisonment. He faced a maximum sentence of life in prison.
On Nov. 27, Hernandez allegedly entered Community West Bank, 122 E. Betteravia Road, telling three workers to get on their knees before he tied their hands behind their backs.
He then reportedly fled with the cash, but he was captured days later after Santa Maria police officers worked with the FBI and the Los Angeles Police Department to locate the man whose truck was registered in the San Fernando Valley.
Los Angeles police officers located the suspect's vehicle in a business area in Canoga Park, leading them to surveil the vehicle and subsequently detain the driver.
When he was arrested, Hernandez allegedly admitted committing the robbery after losing $1,200 gambling at the Chumash Casino, according to court documents.
This week, Judge Stephen Dunkle granted a defense petition to send the case to the mental health treatment court, adding that he was satisfied that the evidence showed Hernandez had been diagnosed with a mental disorder.
Dunkle's order prohibits Hernandez from gambling or consuming alcohol and drugs. He also must participate in mental health treatment in Sylmar, including taking prescribed medication and participating in recommended therapy programs.
In addition to diverting the case to the mental health treatment court for two years, the order set Hernandez's release from the jail on Thursday. He had been in custody since his arrest last year.
Hernandez made his first court appearance Thursday before Judge Kay Kuns, who revised his release date to Friday. If he completes the court-ordered treatment, Hernandez's criminal case will be dismissed.
Before the ruling, Deputy District Attorney Austin Ingalls noted that his expert found the defendant "not eligible and not suitable" for a diversion program.
At the request of Deputy Public Defender Erica Sutherland, Dunkle ordered the redaction of the details about Hernandez's mental issue diagnosis.
Two of the bank employees urged the judges to keep the defendant in jail, sharing the impact the robbery continues to have on them.
"The crime the defendant committed was not only a robbery but also an act of terror that left me and my colleagues traumatized," one woman said. "He forcibly entered our workplace, a place where we felt save, and subjected us to unimaginable fear."
She recalled "the sheer aggression and lack of regard for out lives and well-being."
"Since that day, I have struggled to step foot near any bank, haunted by the memory of his violent behavior," she added. "The fear of him returning to harm us, especially given his violent actions during the robbery, keeps me constantly on edge."
She also asked for strict conditions, such as requiring him to wear an electronic monitoring device and asking for a restraining order, adding that she submitted a written statement because she is too fearful to face him directly.
Another worker said the robbery will affect the three employees for the rest of their lives.
"He took away my sense of security. He put me in a position to be responsible for other people's lives. He had this planned because he had rope with him to tie us up. If you just see the knife he had, this is very unfair," she wrote.
Kuns granted the prosecution's request that Hernandez wear an electronic monitoring device before his release.
Hernandez is scheduled to return to court Nov. 12 in Santa Barbara.