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Just two days before 24-year-old Trey Von Duus attempted to kidnap a Sequoia High School student, he was arrested and released on his own recognizance for trespassing at a strip mall and getting close to children because the San Mateo County District Attorney’s Office was unaware of a previous felony conviction in Santa Barbara.
On Tuesday, July 16, Duus was arrested at 118 Old County Road in Brisbane for trespassing when employees saw him getting close to children, according to the DA’s office. Two days before that, he was given a “stay away” order from that establishment for harassing customers, which he violated.
During his arraignment on July 17, according to a court transcript this news organization obtained, the DA’s office did not ask for bail or speak during the arraignment. Judge Cristina Mazzei even cut Duus off when he offered to pay bail, instead releasing him with no conditions.
This is despite the fact Duus was on felony probation from an incident in Santa Barbara County where he was accused of breaking into a fire department official’s home, rifling through his stuff, and even putting on his clothes.
According to the Santa Barbra District Attorney’s Office, on July 10, he pled guilty to burglary and to violating his parole. He was required to undergo the Jericho Project Residential Treatment Program in Brisbane for substance abuse and continue his parole until 2026.
According to the project’s website, the program is at least six months, meaning Duus was likely in it during both alleged crimes.
Committing a crime, like he allegedly did on July 16, is a violation of his parole.
According to San Mateo County Chief Deputy District Attorney Sean Gallagher, the reason Duus may have been released after trespassing and getting close to children is because no one knew of his past conviction.
“That case doesn’t show on his rap sheet,” Gallagher said while trying to determine if the office knew of the Santa Barbara case.
“It looks like the attorney in court that day did not know about it but just that there was something in Santa Barbara.”
The California Attorney General’s office maintains the criminal records of state residents, but Gallagher theorized that they had yet to update Duus’ file.
“I am thinking the paperwork must not have been updated yet and was stuck in Sacramento,” he said.
The Attorney General’s office was not immediately available for comment.
During the arraignment on Monday, July 22, for his kidnapping charge, Duus’ court-appointed lawyer seemed to say he had no criminal record prior to the trespassing. However the DA’s office now knows of the case in Santa Barbara.
Duus’ bond was set at $150,000.
Gallagher said, “it’s really alarming conduct,” and during the July 22 arraignment, Mazzei said, “I find the defendant a risk to public safety.”
As Mazzei read out his charge of kidnapping, Duus seemingly admitted to the conduct, yelling: “That’s not true. I was drunk … I took a shot at the hospital.” It is unclear whether or not the police tested his blood alcohol levels.
New details about kidnapping attempt
During the Monday arraignment, more information came out about the attempted kidnapping on July 18.
Duus allegedly told the 16-year-old student whose shirt he grabbed that he was with the police while pulling him out of the classroom and told the teacher, “I need to take him.”
The 16-year-old student, who spoke limited English, did not know Duus, according to the DA’s office. His motive for taking the student and trespassing remains unclear.
Duus apparently also said at some point, “I have a gun for whenever I need to take someone.”
Police did not find a gun on him but did find a knife he brandished at a custodian, and he said, “This isn’t for you. You have other problems.”
Santa Barbara Court records indicate a warrant was issued for Duus’ arrest on July 19.
