Student Accused of Threats Denied Release

Citing the serious nature of  the circumstances, a judge on Thursday denied a request to temporarily release student Brandon Baffico from jail following his arrest for what policer said were threats to kill fellow students because of perceived persistent bullying.

Pinole police officers arrested Baffico in a PVHS classroom Feb. 18 after receiving a report or reports that he had sent alarming text messages. Contra Costa Superior Court Judge Peter Berger read aloud in court what appeared to be excerpts of multiple messages.

"I'm going to be the next high school killer," "I'm going to hit everyone," and "Everyone is on my hit list," are among the phrases that Berger quoted in a Richmond courtroom. Berger also noted an "apparent fascination with Nazis or KKK stuff."

Deputy Public Defender Esteban Alvear, the attorney representing Baffico on Thursday, said the Nazi reference had been Baffico's reaction to students "likening (Baffico's) appearance to Adolph Hitler.

"I think it was a response to this, he lashed out," Alvear said. He asked Berger to consider releasing Baffico, 18, to his guardians, grandmother July Ogle and Charles Rose, until trial. "I think we can agree that jail is not the best place for Mr. Baffico," Alvear said.

Berger, who also had mentioned three "very nice" letters submitted by people on Baffico's behalf, disagreed.

"He's not in jail because it's not good for him," Berger said. "He's in jail because this a serious felony."

Alvear, who said after the hearing he doesn't know which lawyer will be appointed to represent Baffico, also asked Berger to reduce bail from $50,000, but the judge denied the request. He said he read the police report on Baffico before determining a bail amount.

"I just have to to err on the side of safety," Berger said. "Bail remains the same. He's made some serious threats. This is more than your normal criminal threat, it's in a school setting. There have been too many of these school shootings."

Baffico has been charged with making a criminal threat, which is a felony.

Outside the courtroom, guardian Rose said Baffico is in the school's chess club, carries a 3.8 grade point average and has had his eye on college.

The Ku Klux Klan reference made in court likely had to do with a white hat the Baffico and some of his friends made for Halloween, he said.

Baffico has had a speech impediment since he was 3 years old, and kids have teased him about it, Rose said.

Rose and Ogle have reared Baffico since he was in elementary school, said the couple, who have been together since 1985. They had not heard the specific details about the threats until Thursday, Rose said. Nor were they aware that Baffico's Facebook page lists the Columbine High School shootings as one of his interests.

"This side of him is completely different from the one we know," Rose had said to Berger during the earlier hearing.

Berger did not refer to the Facebook page.

Baffico's next scheduled court appearance is a readiness conference on March 14, followed by a March 16 preliminary hearing.