On Thursday, the sheriff's office said Gutierrez was being held on an attempted murder charge and held on $2 million bail. Jail records said Gutierrez had been released Thursday in accordance with a section of the California penal code that allows for an arrested person to be released due to insufficient grounds to file a complaint against the person.
That would be 849b PC.
LASD or no:
Driver released from custody after arrest for Whittier crash that injured 25 recruits
WHITTIER, Calif. (KABC) -- A 22-year-old Diamond Bar man who authorities believe intentionally crashed into a group of law enforcement recruits was released from custody Thursday evening, according to jail records.
Los Angeles County Sheriff Alex Villanueva said the suspect was only released until investigators can develop more evidence and present a stronger case for prosecutors.
Nicholas Joseph Gutierrez was arrested on suspicion of attempted murder on peace officers for Wednesday's crash that injured 25 recruits, but jail records show he was released at 9:49 p.m. due to insufficient evidence a crime was committed.
"Due to the extreme complexity of the investigation, which includes ongoing interviews, video surveillance review, and additional evidence needed to be analyzed, homicide investigators have released Mr. Gutierrez from the Sheriff's Department custody," a news release from authorities said.
More at [
abc7.com]
So the investigation is on going, and releasing Gutierrez is the right and legal thing to do.
They couldn't hold him in custody for the length of time it will take to complete the investigation, without more evidence.
Intent is almost always very difficult to
prove.
The best a prosecutor can to is to convince a jury it's reasonable to
assume, based on evidence presented, that intent has been proven, were intent is an element of the crime charged.
Given what we've been told, I've no problem with the arrest, or the release.
Zero (0.0) BAC, a mention of possible drug impairment but nothing further, no skid marks, no mention of medical issues, no indication the driver took any evasive action all lead me to strongly consider criminal intent.
I think it reasonable for LASD to consider it, jack-booted thugs or not.
Something later may change that completely, such as a mechanical problem with the SUV, but until then...
They now have Gutierrez's prints, mug shots, and DNA, so identifying him in the future wouldn't be an issue.
I am that Masked Man.
All you can do, is all you can do.
There’s trouble — it's time to play the sound of my people.
Your boos mean nothing to me, I've seen what you cheer for.
Insisting on your rights without acknowledging your responsibilities isn’t freedom, it’s adolescence.
I've been to the edge of the map, and there be monsters.
We are a government of laws, not men.
Everybody counts or nobody counts.
When a good man is hurt,
all who would be called good
must suffer with him.
You and I have memories longer than the road that stretches out ahead.
There is no safety for honest men except
by believing all possible evil of evil men.
We don’t do focus groups. They just ensure that you don’t offend anyone, and produce bland inoffensive products. —Sir Jonathan Ive
An armed society is a polite society.
And hope is a lousy defense.
You make me pull, I'll put you down.
I *love* SIGs. It's Glocks I hate.