A judge said Thursday that he would not hold the Metropolitan Police Department in contempt for refusing to release a defendant with a long record onto electronic monitoring.
Las Vegas Justice of the Peace Eric Goodman said his decision was based on a ruling from District Judge Erika Mendoza in a different case with similar issues. Mendoza found that state law gave police the authority to decide whether or not a defendant could be released onto electronic monitoring, a program Metro runs.
“I can’t find that they acted in bad faith,” said Goodman.
Joshua Sanchez-Lopez, 36, was taken back into custody Wednesday and now faces a slew of new charges. Police said he stole mail and had an apparent fraud lab in his home.
The Metropolitan Police Department had previously refused to release him onto electronic monitoring despite Goodman’s order to do so in a vehicle theft case.
His is one of multiple recent cases in which Metro has refused to follow judicial orders releasing defendants onto electronic monitoring, which supervises pretrial defendants.
Metro has framed the issue as one of public safety, arguing that police have authority under state law to decide whether putting someone on electronic monitoring poses an unreasonable risk to public safety. Police have said Sanchez-Lopez has previously been arrested 35 times, has fled from law enforcement, once pointed a gun at an officer and was convicted of involuntary manslaughter in Nye County.
Public defenders have argued that police are “unlawfully exercising a judicial function” by essentially overruling judges to determine a defendant’s custody status.
“What they’re doing now violates people’s rights,” public defender David Westbrook said last week. “They are exercising authority they don’t have to keep people imprisoned without due process, against a judicial order.”
Las Vegas Justice Court Chief Judge Melisa De La Garza has also expressed concerns.
She said last week that judges assess community safety and the likelihood a defendant will return to court when considering that person’s release. In making a decision about release, she said, judges must also follow the law, examine a pretrial risk assessment and hear arguments from attorneys.
“To have somebody veto our decision without having all of that information is very concerning,” De La Garza said. “It raises concerns not only of separation of powers, but of due process.”
This is a developing story. Check back for updates.
Contact Noble Brigham at nbrigham@reviewjournal.com.
