1 of 2 men accused of The Shack burglary is released

One of two men who were arrested and charged with alleged burglary of The Shack has been released to a third-party custodian.

Last Thursday, Superior Court Associate Judge Kenneth Govendo granted the request of Manex Nimwes to be released to his mother. As part of the bail modification order, Govendo authorized the Department of Public Safety to conduct random house checks on Nimwes.

Govendo also imposed a curfew on Nimwes from 6am to 6pm and he must have no contact with his co-defendant, Dionicio Jr. Angui Ray.

The court also lowered the previously imposed $20,000 cash bail on Nimwes to just $5,000. Nimwes was allowed to post just 10% of the modified bail.

Ray has already been released to a third-party custodian prior to Nimwes’ release.

Nimwes and Ray were charged with burglary and theft.

According to court documents, DPS received a call at 7:21am on Sept. 12, regarding a burglary at The Shack in San Jose. At the scene, police met with the caller, the establishment’s owner, who said that his business partner entered the establishment at 7:30am and found that a window had been shattered and items were missing, including 30 black The Shack T-shirts, a OnePlus android cellphone, and $350 cash.

The caller told police that, after reviewing surveillance footage, he saw an individual wearing a hoody, mask, and cap enter the establishment, go behind the register, and take the cellphone with him. The caller also told police he tracked the phone via Family Tracker app and found it at a residence along Ellegh Avenue.

On Sept. 14 at about 12pm, police were at the Friendly Market in Oleai where they saw a man wearing a new black The Shack T-shirt leave the store and get on a blue Yaris. Police followed the man to a San Jose motel and saw him and a female exit the vehicle. The woman was also wearing a brand-new The Shack T-shirt.

After talking with the two, police learned that one of the defendants, Ray, was the woman’s son and he brought a stack of The Shack T-shirts to their home on Sept. 12 and gave them one.

On Sept. 15, police met with Ray at 10:50am at the San Jose Motel and invited him to the police station for questioning. During the interview, Ray told police that he and his co-defendant, Nimwes, were drinking on Sept. 11, and Nimwes asked him to follow him to a nearby store to buy cigarettes.

The two walked to Oleai store but it was closed so they decided to walk toward the former Oleai Mobil Station where they crossed the street and headed north. When they reached the front of The Shack, Nimwes allegedly told Ray to wait because he had to pee, so Ray said he waited by the sidewalk while Nimwes headed for The Shack.

Later, Ray said, he heard the window of the establishment shatter so he ran across the street toward Downtown Market but he could hear Nimwes calling out to him but he said he was scared. Later, Ray said, Nimwes met up with him at Downtown carrying a bunch of shirts, a cellphone, and cash. Ray said Nimwes gave him some shirts, the cellphone, and $40.

However, in a follow-up interview, Ray admitted that at around 2am on Sept. 12, Nimwes told Ray to follow him to rob the bar next to Downtown and he obliged. However, at the bar, Nimwes was unable to steal anything so the two crossed the street toward The Shack.

At The Shack, Ray said Nimwes punched a window twice, shattering it. Nimwes then entered the establishment and came back bringing T-shirts and a cellphone and an envelope full of money.

Nimwes did not give a statement.