A judge set bail at $500,000 last week for a Torrey Pines High School graduate who posted a photo of himself with a gun with a vague threat.
Kevin Gregory Matlak, 21, appeared restrained in a wheelchair before San Diego Superior Court Judge Jay Bloom. He pleaded not guilty to three counts of making criminal threats to people who viewed his Instagram message.
Matlak was allowed to remain in the San Diego County Psychiatric Hospital on Rosecrans Street. Bloom ordered the hospital to give the court 48 hours notice if Matlak is going to be released. If he was released, he would then be arrested and taken to jail.
Matlak also pleaded not guilty to three counts of identity theft and shoplifting in which he used the credit card of his mother’s boyfriend for buying merchandise in March without his consent.
“Rest in peace Torrey Pines High School. Nobody is to graduate from 92130,” wrote Matlak in his post, according to Deputy District Attorney Matthew Greco.
“I hate you all. I hope I die tonight,” wrote Matlak, according to Greco.
Matlak was arrested May 31 at a house in Point Loma, and he posted $50,000 bond afterward. He voluntarily entered the psychiatric facility last week, his attorney, Brian Watkins, said.
As a precaution, Torrey Pines High School closed May 31 in response to Matlak’s post, but it re-opened the next day.
Greco asked for the increase in bail to $500,000, which was objected to by Watkins, saying that was too much. 
Watkins argued that Matlak’s words in the post did not say anyone would be killed or harmed.  “He’s suffering from some mental issues,” said Watkins. “He didn’t do anything to anyone. The threats were not very clear and were ambiguous.”
Most of the discussion in court centered on whether the court would be informed if Matlak were to be released from the hospital.  Bloom said he was afraid the hospital would “pump [him] full of meds and then release [him].”
Bloom asked Watkins what was Matlak’s diagnosis, but Watkins said he didn’t know. “This is a person who wants treatment,” said Watkins.
Two hospital workers took Matlak out of the courtroom in the wheelchair. Matlak pulled up a blanket to hide his face as he left.  His legs were restrained in the wheelchair and the blanket may have covered other restraints.
Bloom set a preliminary hearing for June 26. Matlak is a 2015 graduate of Torrey Pines High. Greco said if Matlak is convicted, he would face a maximum sentence of four years and four months in prison.