San Jose, CA — A Santa Clara County judge has made the decision to release two men from Arizona, accused of assaulting a police vehicle during a public disturbance, to a local treatment center as the legal proceedings against them continue. The two, identified as Gabe Durbin, 26, and Tyler Durbin, 22, will be transferred from incarceration following their recent arrest connected to the disruptive incident that also involved attacks on law enforcement.
Initially held without bail after their arrest on June 19, the Durbin brothers faced the judge’s transition of their detainment after their initial court appearance. Against the recommendations of the Santa Clara County District Attorney’s Office, Judge Hector Ramon ordered their move to a sober-living environment. Despite requests from the defense to allow the defendants to return to Arizona, Judge Ramon opposed, citing concerns over their potential failure to appear for future court dates.
The decision came after intense court arguments that painted differing pictures of the siblings’ threat to public safety and their roots in the local community. While the Durbins have connections to Salinas and brief stays in San Jose, they were primarily residing in Arizona, where their mother lives. They informed authorities they had only come to California temporarily to clear out a family storage unit.
Prosecutors charged the Durbin brothers with felony assault on a peace officer and vandalism after the June confrontation. The incident, which was partly captured on eyewitness video, occurred as a reserve police officer responded to a report of a pedestrian hit by a car performing illegal stunts at a sidesplash gathering.
As the officer approached, attempting to aid the injured pedestrian, he found himself encircled and attacked by several individuals, some masked, who began to assault his vehicle. According to police reports, Tyler Durbin was seen punching the vehicle’s windshield, while an unidentified individual stomped on the hood.
The altercation concluded when additional police units arrived, causing the crowd to scatter. The officer incurred minor injuries from the incident, sustaining a cut from the shattered windshield.
Despite their involvement, defense attorneys argued that the brothers, who have no previous records of violent offenses, were suitable candidates for rehabilitation outside of jail. According to Deputy Public Defender Patrick Geddes, the brothers had already secured a spot in a San Jose-based treatment center. Highlighting Tyler Durbin’s youth and regret over the incident, Deputy Alternate Defender Heather Harris presented him as remorseful and misguided rather than malevolent.
On the other hand, Deputy District Attorney Timothy Moore contested the suitability of a sober-living facility, particularly questioning its relevance given that Tyler had not demonstrated any prior substance abuse issues. Moore emphasized the gravity of the attack, describing it as an unprovoked assault on an officer in the line of duty, which also delayed assistance to an injured civilian.
This incident has reignited discussions around the handling of sideshows and public disturbances, focusing on the balance between rehabilitation and the need for maintaining public safety. The legal proceedings and outcomes of this particular case will likely influence future approaches to similar incidents in the region.
As for the Durbins, they will remain under electronic surveillance and have been prohibited from accessing any information or participating in events related to sideshows. They await further legal action while residing at the San Jose facility, marking another chapter in the complex dialogue between justice, rehabilitation, and community safety.