Bail was set at $1 million on Dec. 27 for a man charged with sexually assaulting a woman “in broad daylight” in Mission Beach, said a prosecutor.
Philemon J. Shark, 40, pleaded not guilty to assault with intent to commit a sex crime that occurred at 8:40 a.m. on Dec. 23. He appeared before San Diego Superior Court Judge Joseph Brannigan.
A 24-year-old woman was walking near Tangiers Court and Mission Boulevard when she was attacked from behind. She was held down, but other people heard her screams and they forced the man off. He then fled.
About 45 minutes later, police arrested Shark, who was dressed in a T-shirt, shorts, and flip flops. A resident saw Shark hiding in a breezeway and alerted police.
Deputy District Attorney Trisha Amador said the woman was “attacked in broad daylight.”
Amador said Shark has two convictions for burglary from Washington that occurred in 2014 and 2015 for which he served time in prison. She also said Shark has an outstanding warrant from Washington.
If convicted, Shark faces a sentence of 25 years to life. “This would be a third strike,” said Amador.
Shark is from Seattle. He had been living in San Diego for a few months, police said.
His attorney, Raymond Aragon, submitted the bail amount to Brannigan without any argument. Amador asked for the $1 million bail, noting he had prior convictions. The bail had been set at $100,000 before it was increased Thursday.
The single felony charge says Shark committed an assault with intent to commit either rape or oral copulation. A preliminary hearing was set for Jan. 10.