(KRON) -- San Jose’s mayor and police chief are slamming a judge's decision to grant bail for a man who is suspected of killing a community service officer in a drunk driving crash that happened in August. San Jose Police Department Community Service Officer Long Pham, 34, was conducting a traffic stop in San Jose on the night of Aug. 3 when a vehicle struck both him and his colleague, officer Veronica Baer. Pham suffered fatal injuries from the crash. Baer was hospitalized with major injuries and survived. The driver, 44-year-old Juan Huerta-Palacios, is charged with murder. He was allegedly under the influence of alcohol at the time of the fatal wreck, according to the San Jose Police Department. On Friday, Santa Clara County Sheriff's Office spokesperson Brooks Jarosz said Huerta-Palacios is still in jail. "As of this morning, he is still in our custody at the Santa Clara County Main Jail and has not posted bail. His next court appearance is scheduled for January 8." Memorial for San Jose CSO Long Pham. (KRON4) At a bail hearing on Wednesday, a judge set Huerta-Palacios' bail at $50,000. So far, he has not posted bond to be released from jail. SJPD Chief Paul Joseph said Huerta-Palacios had prior arrests for DUI in California. Huerta-Palacios is now facing a murder charge for Pham's death because of his previous conviction for alcohol-related reckless driving, Joseph said. He was also charged with two felony counts of driving under the influence. In a statement released Wednesday, Joseph said he stands with the Santa Clara County District Attorney’s Office in objecting to Huerta-Palacios’s potential release from custody. "An officer is dead," Joseph wrote. "Previous warnings to this defendant about the dangers of drunken driving did not prevent him from killing Long Pham. Why should we think that these restrictions adequately protect the public from his bad judgement again?" A statement from San Jose Mayor Matt Mahan reflected the police chief’s sentiments, saying Huerta-Palacios should be locked up with no bail until a trial is held and a jury reaches a verdict. Mayor Mahan wrote, "Both CSO Pham’s family and our entire community deserve better -- they deserve justice. This wasn’t the first time this individual put members of our community in danger -- and this time an innocent man lost his life. How do we know he won’t do it again? It is irresponsible to release him before he faces a judge and jury." Huerta-Palacios' defense attorney, Allen Sawyer, described his client as a "law-abiding citizen" who plans to eventually bail out. Sawyer told KRON4 that the judge's ruling will allow Huerta-Palacios to eventually return home to his family and prepare for his trial defense. Sawyer told KRON4, "The tragic incident that led to these charges was complicated by intervening factors, including an unexpected obstruction on the roadway. Mr. Huerta-Palacios takes full responsibility for the role he played in this accident and has profound regret for the loss suffered, particularly for the family and friends of Officer Long Pham." The defense attorney continued, "I recognize the pain this incident has caused, but it is essential to view it in its full context. He is a devoted family man who encountered a series of unanticipated factors that led to this tragic accident."