The arrest of a man suspected of into a large group of recruits with the Los Angeles County Sheriff’s Department — injuring 25 of them, five critically — has taken a confusing turn.
Nicholas Joseph Gutierrez was arrested Wednesday on suspicion of attempted murder of peace officers. On Thursday afternoon, Los Angeles County Sheriff Alex Villanueva called the collision a “deliberate act” and suggested Gutierrez had intentionally rammed into the recruits as they were on a morning training run.
But just hours later, Gutierrez under a California state law that authorizes law enforcement to release arrestees from custody without first being arraigned if there are insufficient grounds to make a criminal complaint.Gutierrez’s arrest was deemed a detention, jail records show, and prosecutors say they have not received a case to review.
Tiffiny Blacknell, a spokeswoman for the L.A. County district attorney’s office, said in a statement Friday that the prosecutors’ office has been in contact with the Sheriff’s Department and the California Highway Patrol, which is leading the investigation into the crash alongside the sheriff’s homicide unit.
“They advised our office late [Thursday] that they would not be presenting a case at this time and that they would be releasing the suspect,” Blacknell said.
Legal experts and lawyers specializing in criminal defense say the case shines a light on the balancing act of bringing charges while following criminal procedure — including fact-gathering and constitutional rights.
Many expressed confidence that criminal charges eventually will be filed; the question, they said, is what can be substantiated by evidence that proves guilt beyond a reasonable doubt.
“Maybe in the eyes of the public, it seems like, ‘Oh, my God; this person got out,’ ” said Lisa Zhao Liu, a criminal defense attorney and former prosecutor, adding that some might be quick to blame the district attorney’s office. “It’s most likely the fact that the district attorney’s office has not been presented with sufficient evidence by the arresting agency to prove specific charges at the moment, but this can change as new evidence is presented.”
In most circumstances, prosecutors have 48 hours to arraign a person in custody, said Louis Shapiro, a well-known defense lawyer in California. That is because a defendant has the right to a fair and speedy arraignment and trial.
In a case like this, in which a suspect was arrested on a Wednesday, charges need to be brought by Friday — unless the person was bailed out, he said. An arraignment or court appearance can be delayed up to 72 hours if weekends or holidays fall immediately after an arrest, Shapiro said.
“But forensic evidence and technical data from the car takes time to gather and analyze and have an expert write a report,” he said. “This isn’t like he shot a gun toward someone. It is more complex, and the car data is vital even if you think you know the motive.”
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