Issue:  Vol. 48 / No. 8 / 22 February 2018

Man accused of stalking, death threats almost jailed

Demarus Allen-Batieste (Photo:

Demarus Allen-Batieste (Photo:

A queer East Bay man accused of stalking and threatening to kill a former mentor was almost jailed this week for refusing to meet with the doctors who are supposed to evaluate his mental health.

Demarus Allen-Batieste, 30, of Hercules, California, who’d been “a gifted student” at the Zurich Symphony, was expelled from the program after he developed a “serious mental illness,” according to San Mateo County District Attorney Steve Wagstaffe. He then “started stalking” a female mentor he’d met at the symphony “and threatened her with multiple vile emails,” Wagstaffe said in a summary. “The emails included threats to kill the victim and numerous delusional threats” to her.

In August 2015, Allen-Batieste entered a plea of not guilty by reason of insanity in the case. In December 2016, criminal proceedings were suspended so doctors could examine whether he’s mentally competent.

Superior Court Judge Donald Ayoob expected to get the doctors’ reports Tuesday (February 7), but the reports hadn’t been completed because Allen-Batieste had “refused to cooperate with the doctors,” Wagstaffe said.

“Judge Ayoob initially remanded the defendant into custody and then changed his mind and left him out of custody on his promise he will now meet with the doctors,” according to Wagstaffe.

The case was continued to February 17 for a status update on the reports.

Allen-Batieste, who’s out of custody on $150,000 bail, has told the Bay Area Reporter that he hasn’t “done anything illegal,” and he’s “absolutely” competent to stand trial. He didn’t respond to an email inquiring about this week’s court appearance.

Wagstaffe indicated that this fall, Allen-Batieste rejected a plea deal from prosecutors, and the offer was revoked.

In a separate case, a San Francisco official ruled recently that staff at the San Francisco AIDS Foundation, Allen-Batieste’s former employer, don’t owe him any money.

In October, Allen-Batieste filed claims against two SFAF staffers alleging “wrongful termination” and other issues. He’d wanted $10,000 from each of them.

But in separate rulings issued in January, Judge Pro Tem Elizabeth Zareh said the SFAF workers didn’t owe Allen-Batieste anything.

At the time of the rulings, Allen-Batieste told the B.A.R., “Hitler also ruled against the Jews. … I will choose to remain moral and ethical even in the face of adversity.”

— Seth Hemmelgarn, February 8, 2017 @ 3:10 pm PST
Filed under: Uncategorized

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