Jana Nairn was sitting among fellow Ballico area residents in the front of row of a press conference held Monday at the Merced County Sheriff’s Department. Nairn has been working with the sheriff’s department, along with the Merced County District Attorney and local legislators to prevent a sexually violent predator from being placed in her small, rural community.
The press conference was just the most recent action taken to bring awareness to the fact that Kevin Gray, a convicted child predator, will soon be placed in the Ballico community — something that Nairn and other Merced County officials say is an illegal.
On the California Megan's Law website, Gray is listed as a sexually violent predator who was first convicted in 1993 of lewd or lascivious acts with a child under 14 years of age.
In 2020, a judge ordered him to be released from a state hospital and placed in Ballico, a rural part of Merced County, despite the fact that Gray was living in Stanislaus County when he was convicted.
According to State Senator Marie Alvarado-Gil and Assemblymember Juan Alanis, the placement of Gray in Merced County is in violation of state law, specifically SB 1034, which requires that a sexually violent predator cannot be housed in any county other than their county of domicile unless the judge petitions "extraordinary circumstances" for not finding a suitable residence in the person's home county. SB 1034 also requires the state and authorities to engage in direct notification with the respective jurisdiction a person designated as a sexually violent predator is placed in before beginning a housing search.
Nairn said she heard about the placement from a friend. She was the one who notified Merced County Sheriff Vern Warnke about the impending placement of Gray into Ballico and he notified Merced District Attorney Nicole Silveira.
“I was just really shocked that there was no notification…I was shocked that it was just through the community, through the rumor mill that we heard this and I immediately contacted the sheriff’s office and asked ‘What do you know about this?,’” said Nairn.
After Merced County Sheriff Verne Warnke said he had not been notified about Gray being placed in the area, Nairn organized a town hall meeting, the first of two. Then she, and others from Ballico, attended a hearing regarding Gray on Jan. 18 in Stanislaus County Superior Court.
“We were very disappointed in the ruling,” said Nairn.
Merced DA Silveira stated at the press conference that when her office was first was notified of the potential placement of Gray in Merced County, she immediately went to work.
“We worked with the sheriff’s department on a formal statement so we could strenuously oppose the placement in our community. On January 18, we did go to the hearing and presented those arguments to the judge. There were community members there who the judge would not allow to speak even though they were present. We do not agree with the judge's decision in this case. And we are exploring our legal options to see if there are any mechanisms by which to review and appeal it,” said Silveira.
Sheriff Warnke said he was not only upset about not being notified, but concerned about a sexually violent predator being placed in such a rural part of the county.
“I don't have the staff, the resources or personnel to be dedicated to monitoring this guy because it's kind of like…trying to hypnotize a wolf about not eating cows. It might work for a week, but that wolf’s gonna go back to eating calves. Well, I'm gonna tell you right now, this SVP, no matter what kind of treatment this person's getting, he will strike again. It's like the wolf. It's in his nature. I don't want him to prey on any of the people in my community and believe me we've got school bus stops that are unmonitored that are primed for him to pick his next victim. The schools in the area just in general, the fact that it's such a rural part of our county and our response time on any level would be difficult. And to know that we have an SVP in that area is not acceptable to me. I will fight tooth and nail to keep this guy from our county. And if the judge feels that this guy is safe, let the judge put him in his or her own neighborhood,” said Warnke.
Both Senator Alvarado-Gil and Assemblymember Alanis promised to help Sheriff Warnke, DA Silveira and the residents of Ballico to continue fighting to stop Gray being placed in the rural Merced County community.
“Mr. Gray is not from Merced County, and he should not be released in our community. Since being elected to office in 2022. I have successfully argued to protect four other counties in my district from becoming dumping grounds for sexually violent predators. Now, Merced County is facing an impending release of yet another sexually violent predator in my district, and it raises serious concerns about the process by which these decisions are being made — absent of public input, public safety and public awareness of the threat to our children and to our families. So let me be clear, that I nor my partners in Senate District 4 and the legislature will tolerate any compromises to the community safety. I do not accept this latest ruling and request to have this case thoroughly examined and take direct action to close the loopholes and shut the front door on the release of any sexually violent predator in my district. The Department of State Hospitals has the responsibility to prioritize the safety and security of our communities,” said Alvarado-Gil.
