San Martin rape suspect back in court Feb. 21

Sharwian Bobian waived his appearance at Feb. 14 hearing

Sharwian Bobian, pictured leaving the sheriff’s office in San Jose after booking Feb. 8, was captured more than a month after his initial release.

Sharwian Bobian, who is accused of raping a San Martin woman earlier this year when she brought groceries and other supplies to his homeless encampment, did not appear in court for his Feb. 14 hearing.

Bobian, 43, remains in custody in lieu of $275,000 bail on the charge of rape. He is accused of sexually assaulting the victim the night of Jan. 2 inside Bobian’s makeshift shelter on Llagas Avenue. The victim and her husband, who live in San Martin, had been helping the homeless man for several months prior to the alleged rape.

A Feb. 14 hearing for Bobian at the Morgan Hill Courthouse was continued to Feb. 21 for a plea hearing. Bobian is represented by the Santa Clara County Public Defender’s Office. His attorney Feb. 14 said Bobian was in the courthouse but was unable to appear in the courtroom for his hearing. It was unclear why Bobian did not enter the courtroom for the hearing.

Superior Court Judge Jacqueline Duong said Bobian must appear at the Feb. 21 hearing.

The judge also ordered a restraining order against Bobian, prohibiting him from being within 300 yards of his accuser for at least one year. Duong ordered a Santa Clara County Sheriff’s deputy to serve Bobian with the protective order immediately after the Feb. 14 hearing.

Bobian was initially arrested by sheriff’s deputies the night of Jan. 2, when the victim reported the alleged assault to authorities. However, he was released less than two days later as Santa Clara County District Attorney Jeff Rosen’s office declined to press charges.

On Feb. 5, the DA reversed course and filed a rape charge against Bobian in relation to the Jan. 2 incident in San Martin. San Jose Police found and arrested him Feb. 8 in the area of U.S. 101 and Yerba Buena Road.