A federal magistrate on Monday denied bail to the man accused of providing the assault-style rifles used by a married couple to massacre 14 people in San Bernardino, California, in an attack inspired by Islamic State.
Enrique Marquez, 24, who told authorities he had plotted attacks with Syed Rizwan Farook before their friendship waned, was shackled for his court appearance and visibly upset by the refusal to grant bail, frowning as he left the courtroom in chains.
Marquez was arrested on Friday and charged with providing material support to terrorists for supplying Farook, 28, and his wife, Tashfeen Malik, 29, with the weapons for their Dec. 2 attack on a holiday party attended by Farook’s co-workers.
Their assault, which came a few weeks after Islamic State gunmen and suicide bombers killed 130 people in a series of coordinated attacks around Paris, has raised anxiety about violence throughout the United States and changed the focus of the race for the White House to national security issues.
Public defenders representing Marquez at a hearing in federal court in Riverside east of Los Angeles urged Magistrate David Bristow to release him on bail, saying that he did not pose a threat to the community and was not a flight risk.
Deputy federal public defender Young Kim argued that Marquez was only 19 when he bought explosives and rifles later used by Malik and Farook, and at 24 would not flee or engage in violence,
Marquez’ mother, who was in the packed courtroom along with family members and numerous news reporters, had offered to put up all the equity she had in her area home for as collateral for her son’s bail, Kim said.
But Bristow sided with prosecutors, ruling that the crimes of which Marquez is accused are so grave that while he might not flee, he could pose a risk to the community.
“At this point the defendant has not yet rebutted the presumption that he is a danger to the community,” Bristow said.
Marquez, who had been working at a bar and a Walmart, had shuffled into court wearing a white jumpsuit, his legs and arms shackled. His face was covered in stubble and he swiveled back and forth in his chair as his lawyers spoke.
He did not address the court during the 30-minute hearing, other than to answer, “No,” when Bristow asked if he had any questions.
Marquez, who has not yet entered a plea, could be sentenced to up to 35 years in prison if convicted of all charges, which also include defrauding U.S. immigration authorities by entering into a sham marriage with a Russian woman in Farook’s extended family so she could live in the United States.
His case is set for a preliminary hearing in U.S. district court in Riverside Jan. 4, followed by an arraignment on Jan. 6.
Hours after the massacre, a distressed Marquez called 911 to say he wanted to kill himself and that Farook had used a weapon bought by Marquez, according to a Federal Bureau of Investigation affidavit. He then checked himself into a mental health facility.
According to the affidavit, Farook and Marquez met in 2004 when Marquez became Farook’s neighbor in Riverside. The next year, Farook introduced Marquez, who turned 14 in 2005, to Islam. Marquez converted to the religion in 2007, and soon after, Farook introduced him to radical Islamic ideology, according to the FBI affidavit.
By 2011 the two were planning gun and bomb attacks, according to prosecutors and the FBI affidavit. Early in 2012, the two men continued to prepare by visiting shooting ranges but after that year, prosecutors said Marquez distanced himself from Farook and ceased plotting with him.
Prosecutors said there is no evidence that Marquez had direct prior knowledge of the Dec. 2 attack but that he had earlier discussed with Farook the possibility of attacking a community college and a state highway.
The FBI, which is treating the attack as terrorism, raided Marquez’s home and questioned him for several days before arresting him. Sources said Marquez cooperated during their interviews.
Farook and Malik, described by authorities as radicalized Muslims inspired by Islamic State, were killed in a shootout with police two hours after their rampage in San Bernardino, about 60 miles (100 km) east of Los Angeles.
President Barack Obama on Friday met privately with families of the victims of the Dec. 2 attack en route to Hawaii for Christmas vacation with his family.