Just days after being released from San Francisco County jail, James Durgin is, once again, wanted by law enforcement. The California Dept. of Corrections and Rehabilitation tells the NBC Bay Area Investigative Unit it submitted a request to the San Francisco County Superior Court on Wednesday to issue another warrant for Durgin’s arrest since he failed to report to parole officers earlier this week. Parole officials say the arrest warrant has since been approved by the court, officially making Durgin a wanted man, once more.
Last Friday, Judge Michael McNaughton ordered Durgin to check in with the parole department by the end of day on Monday as a condition of his release from jail, however, Durgin never showed up. Parole officials say agents are now "actively working to locate him."
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Durgin, who had been incarcerated since Feb.15, was sentenced last Friday to two years in state prison for violating the terms of his probation stemming from a previous conviction, but he was credited for time already served and, thus, was allowed to walk out of jail just after midnight on Saturday. The NBC Bay Area Investigative Unit first reported on Durgin's likely release from jail last Thursday.
Durgin's probation stemmed from crimes dating back to April 15, 2021, in which Durgin was accused of attacking a 75-year-old man. Durgin was caught on surveillance video trying to get inside the man's building. A short while later, the video shows Durgin getting continuously sprayed with water as the owner of the building used a hose to douse Durgin. While Durgin was originally accused of assault and battery for ultimately beating the man after getting soaked, he ultimately entered into a plea deal, executed on June 27, 2022, in which he pled guilty to lesser counts of second-degree burglary and a criminal threat to cause great bodily harm or death.
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Durgin, who suffers from mental health issues and drug addiction, was required to complete one-year of treatment at a residential rehab facility as part of the plea bargain, however, he abandoned the program after just three months. That violation of his probation is what kept Durgin in jail over these past few months.
In light of Durgin's latest arrest warrant, the NBC Bay Area Investigative Unit requested comment from the San Francisco Public Defender's Office, which has consistently represented Durgin in his past criminal cases, but the office has yet to respond. Durgin's most recent attorney, Deputy Public Defender Jack Lamar, has repeatedly declined to comment on Durgin's case.
“I heard the system was broken, but I didn’t know what that meant until this,” said Ann Rea, who says Durgin has stalked her on and off for six years. “I didn’t realize the very real repercussions … on people’s safety and sanity.”
Rea, who lives in the quiet and rural Presidio neighborhood along San Francisco’s north coast, says she lives in fear each time Durgin is released from custody. She says Durgin, who had been a complete stranger, somehow developed a bizarre obsession with her over the years that has resulted in him leaving cryptic messages outside her home. Rea says Durgin has also tried breaking into her apartment and has repeatedly showed up at her front door in the middle of the night. On one occasion, Rea’s security camera caught Durgin standing at her stoop completely naked.
“I’m never surprised, but always appalled,” Rea said. “I am worried about my safety at night because he’s really skillful at how to hide and when to lay low.”
After Durgin failed to report to parole officers earlier this week, a prosecutor from the San Francisco District Attorney’s Office sent an email to Rea, notifying her of Durgin’s release and failure to report to parole. In that email, the assistant district attorney noted that the parole office said “if they are not able to locate [Durgin] within 30 days, they will seek a warrant for his arrest.” When Rea asked the prosecutor why the parole office would wait an entire month before requesting an arrest warrant, the prosecutor responded, “I asked that same question. I was told that parole must make an attempt to locate the defendant before they ask the court to issue an arrest warrant.”
On Wednesday, the NBC Bay Area Investigative Unit contacted the California Department of Corrections and Rehabilitation, which oversees parole, to learn more about the agency’s rationale in deciding to wait 30 days before making its request for Durgin to be arrested.
Hours later, the office responded by saying that it had already submitted the arrest request that day – the same day NBC Bay Area started asking the agency questions about how and when it planned to take action relating to the Durgin case. When NBC Bay Area pressed the office, once more, to explain why it initially told the San Francisco District Attorney’s Office that it would need to wait 30 days before requesting an arrest warrant, the office skirted the issue, again.
[California Department of Corrections and Rehabilitation] submitted a request for a warrant on June 28, it was quickly addressed by the courts and it is now active. That is our comment,” spokesperson Terri Hardy wrote in a statement.
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Durgin, who was the central figure in the NBC Bay Area streaming series 'Saving San Francisco,' suffers from many of the same things ailing San Francisco -- homelessness, poverty, and mental health issues. Federal records show Durgin was diagnosed with schizophrenia and has undergone repeated treatment for an addiction to drugs, including methamphetamine.
Law enforcement sources say Durgin has been arrested more than 60 times in San Francisco for a range of crimes, including offenses involving drug use and violence. Durgin, however, says his criminal history actually tops 100 arrests. Despite countless court hearings, at least a dozen mental health evaluations, and several mandatory stints in rehab, Durgin has spent much of the past two decades in and out of jail, and is now, once again, wanted by police.
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