Judge releases Davis man accused of stealing possible COVID-19 sample from hospital
Yolo County prosecutors argued in court documents a man accused of stealing a biological sample thought to contain COVID-19 from a hospital in Davis “placed the lives of many individuals at risk” and should remain in jail as he awaits prosecution.
Shaun Lamar Moore, 40, of Davis made his first court appearance Wednesday, according to the Yolo County District Attorney’s Office. Moore faces felony charges of attempted possession of a restricted biological agent and second-degree burglary, along with a misdemeanor count of petty theft under false pretenses, according to a criminal complaint filed against him.
The Davis Police Department has said Moore stole the sample believed to contain COVID-19 from Sutter Davis Hospital on Saturday. The sample was scheduled for lab testing. Prosecutors filed a motion asking the judge to keep Moore in jail without bail.
The prosecutors argued that Moore posed as a federal employee and managed to obtain a biological sample containing “a potential prolific contagion” and left it unattended in a public place, risking exposure to people in Davis. And he did this during a global pandemic that poses risk of death and great bodily injury, according to the filed court document.
Yolo Superior Court Judge David Rosenberg on Wednesday decided to release Moore on supervised own recognizance, said Chief Deputy District Attorney Jonathan Raven. But the judge ordered some restrictions for Moore while he’s out of custody.
His own recognizance status is pending until his next court hearing May 27. Rosenberg, in Wednesday’s hearing held via Zoom videoconferencing, said he suspects Moore has some mental-health issues that need to be sorted out offered the county Public Defender’s Office to determine Moore’s mental competency, the Davis Enterprise reported.
Rosenberg ordered Moore to stay at least 100 yards away from the Sutter Davis Hospital unless there’s a medical emergency, Raven said. The judge also ordered probation officials to track Moore with a GPS device while he’s free.
Richard Van Zandt, Moore’s attorney, told the judge that Moore is not accused of an offense listed among the exemptions in the recently implemented $0 bail schedule, the Enterprise reported. He argued that his client has never violated probation or failed to attend his hearings. He also said there’s no evidence Moore tried to open the biological sample container, and that the Public Defender’s Office will work with Moore to get him the medication he needs.
California courts leaders last week voted to temporarily end cash bail for suspected lower-level offenders to slow the coronavirus spread in county jails and courtrooms during the COVID-19 pandemic. The emergency order sets bail at $0 for most misdemeanor and lower-level felonies.
Bipolar personality disorder
Moore suffers from bipolar personality disorder, prosecutors said in their motion to deny bail, and he has not been taking medication. They said Moore is homeless, drinks alcohol on occasion and smokes methamphetamine every other day.
In December 2018, authorities determined Moore could be a danger to himself or others and was placed on a mental health hold in Modesto, according to prosecutors. He also has been convicted of vehicle theft and misdemeanor driving under the influence, and is currently facing criminal charges in Sacramento County.
The prosecutors argued the chances were low that Moore will obey court orders, return for his court hearings, abide by physical distancing protocols to slow the coronavirus spread and act in a rational manner.
Police officials have said Moore entered the hospital shortly after 1:30 p.m. and left on a bicycle, evading responding officers.
Moore used his real name but pretended to be an employee of the U.S. Centers for Disease Control and Prevention, telling hospital staff he was there to pick up a COVID-19 sample, according to the prosecutors’ motion.
The hospital staff had been informed a courier for the California Department of Public Health was to arrive that day to retrieve a biological sample thought to contain COVID-19 for confirmation testing. Prosecutors said the hospital staff believed Moore was the courier and gave him the biological sample.
Then, the hospital staff saw Moore leave on a bicycle, which raised their suspicions. Those suspicions were confirmed when the actual courier arrived a few minutes later, according to the prosecutors.
Law enforcement officials were notified of the theft, and they used security camera video, photos and witness statements to identify Moore as the suspect.
Police said a caller told officers they found a sealed COVID-19 specimen in a shopping cart at a CVS Pharmacy on West Covell Boulevard.
Prosecutors said pharmacy employees grabbed the sample and took it inside the store, not knowing what it was. Moore’s actions caused “a rather large and disruptive public health emergency requiring a full-scale law enforcement response.”
Officers later retrieved the sample and returned it to the hospital. Police stopped Moore near the intersection of Cowell Boulevard and Research Park Drive and took him into custody. Prosecutors said the sample still has not been tested for COVID-19.
