Judge threatens to hold sheriff in contempt of court after police refuse order to release violent criminal with 35 arrests
Posted For: Rotorblade
A dispute has developed in Las Vegas after the Las Vegas Metropolitan Police Department declined to release a man from custody despite a judge’s order, raising the possibility of contempt of court proceedings.
Las Vegas Justice Court Judge Eric Goodman ordered that 36-year-old Joshua Sanchez-Lopez be released from jail if he posted bail and be placed under electronic monitoring. Sanchez-Lopez had been arrested in January on a charge of grand larceny of a motor vehicle. However, police officials argued that allowing him back into the community would pose too great a danger.
Sanchez-Lopez has an extensive criminal history that includes 35 prior arrests, along with convictions for involuntary manslaughter and drug offenses. According to police, he has also failed to appear for court hearings in the past and violated conditions tied to monitoring programs. In one incident, he posted a photo of his ankle monitor on Snapchat and mocked authorities.
On Jan. 29, Metro police informed the judge in writing that they would not carry out the release order. The department cited Sanchez-Lopez’s past behavior and concerns that their electronic supervision program could not safely manage him in the community.
Judge Goodman responded on Feb. 5, warning that the department could face contempt of court for refusing to follow his order.
Metro officials say Nevada law gives the sheriff authority to decide whether someone can safely participate in the department’s electronic monitoring program. They argue that the decision to keep Sanchez-Lopez in custody falls within that authority.
Public defender P. David Westbrook rejected that argument. In a statement, he said the authority to determine whether someone charged with a crime should be released—and under what conditions—belongs to the judge.
Westbrook said the notion that a police employee could override a judge’s release order should concern anyone who believes in the Constitution and the rule of law.
Metro assistant general counsel Mike Dickerson said the department’s priority is protecting the public. He explained that officials must consider whether someone can be safely supervised outside of jail before allowing them into the electronic monitoring program.
Dickerson said there are competing views in the community about how best to handle public safety and repeat offenders.
Nevada Governor Joe Lombardo voiced support for the police department on social media. He said Sheriff Kevin McMahill and Metro officers are carrying out their duty to protect the public. Lombardo also said that when repeat violent offenders are ordered released, law enforcement has a responsibility to challenge those decisions if they believe public safety is at risk. He added that he supports the department’s decision to take the issue to the Nevada Supreme Court.
Judge Goodman noted that the level of monitoring he ordered for Sanchez-Lopez would be similar to house arrest.
Dickerson said the department will not violate the law simply to satisfy the court if officials believe releasing someone would endanger the public. He added that while the system often allows people to leave jail quickly, there are times when authorities believe more careful consideration is necessary because lives could be at stake.
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