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Driver is released after arrest in deputy recruit crash that sheriff called ‘deliberate act’
latimes ^ | 11/17/2022 | ALEXANDRA E. PETRI, RICHARD WINTON, BRITTNY MEJIA

Posted on 11/18/2022 9:01:08 AM PST by bitt

A 22-year-old Diamond Bar man was released Thursday night after he had been arrested on suspicion of attempted murder of peace officers in a crash that injured 25 recruits on a training run Wednesday in South Whittier.

Jail records show that Nicholas Joseph Gutierrez was released at 9:49 p.m. and that his initial arrest Wednesday has been deemed a detention. The records cite California Penal Code 849(b)(1), which authorizes police to release arrestees from custody without first being arraigned if there are insufficient grounds to make a criminal complaint.

Investigators are continuing to develop the case against Gutierrez but are not legally allowed to hold a suspect in custody for more than 48 hours without presenting the case to prosecutors, said Sgt. Gerardo Magos, an L.A. County Sheriff’s Department spokesperson.

Once investigators have built a case, they plan to arrest Gutierrez and present the case to the L.A. County district attorney’s office, Magos said.

“The evidence is there,” he said. “We just want to make sure it’s properly presented.”

Earlier Thursday, Sheriff Alex Villanueva said in an interview with NewsNation that investigators “have developed probable cause to believe it was intentional.”

“They went through an exhaustive interview process with everyone involved, with the video surveillance, the statements from the recruits, the physical evidence they have and what they got from the suspect himself, and they were able to form the opinion this was a deliberate act,” he told the news station.

Villanueva later confirmed to The Times there was probable cause to arrest the driver on suspicion of attempted murder because of evidence he deliberately ran into the recruits. But the sheriff did not provide further details, and his department has not yet presented the department’s case to the district attorney.

(Excerpt) Read more at latimes.com ...


TOPICS: Culture/Society; Government; News/Current Events
KEYWORDS: california; deputyrecruits
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1 posted on 11/18/2022 9:01:08 AM PST by bitt
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To: null and void; aragorn; EnigmaticAnomaly; kalee; Kale; AZ .44 MAG; Baynative; bgill; bitt; ...

strangely, the driver’s parents are both in law enforcement, it was reported


2 posted on 11/18/2022 9:01:51 AM PST by bitt ( <IMG SRC=' 'width=50%>)
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To: bitt

Quite often the parents occupation IS THE REASON the kid does stuff like this.


3 posted on 11/18/2022 9:03:21 AM PST by George from New England
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To: bitt

Also...

https://freerepublic.com/focus/f-news/4110125/posts


4 posted on 11/18/2022 9:03:25 AM PST by ButThreeLeftsDo (The best things in life aren't things.)
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To: bitt

> Once investigators have built a case, they plan to arrest Gutierrez and present the case to the L.A. County district attorney’s office, Magos said. <

Well, that’s nice. I wonder how deep into Mexico Mr. Gutierrez is by now.


5 posted on 11/18/2022 9:03:47 AM PST by Leaning Right (The steal is real.)
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To: bitt

When he kills again, will the judge be held to account?


6 posted on 11/18/2022 9:04:04 AM PST by Safrguns
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To: bitt

BizarroWorld.


7 posted on 11/18/2022 9:04:17 AM PST by kiryandil (put yer vote in the box, chump. HARHARHARHAR)
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To: bitt

SPJNK.


8 posted on 11/18/2022 9:05:49 AM PST by Carriage Hill (A society grows great when old men plant trees, in whose shade they know they will never sit.)
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To: bitt

The driver’s surname indicates likely Hispanic heritage therefore he can’t be held. It isn’t his fault that he drove the wrong way down a wide open street and ran into a whole platoon of people. Society and the way that society oppresses brown people caused this. Let the driver go and arrest some white guy from Alabama for the crime because that’s the only way we can ever have justice in this nation!

The judgement God levies on this nation for our insanity is going to make what happened to Sodom and Gomorrah look like a day at the park.


9 posted on 11/18/2022 9:08:34 AM PST by Tucsonican
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To: Safrguns

No judge involved, police decision based on following in the article:

“California Penal Code 849(b)(1), which authorizes police to release arrestees from custody without first being arraigned”

” are not legally allowed to hold a suspect in custody for more than 48 hours without presenting the case to prosecutors”

Because they couldn’t get the evidence within 48 hours they released him to allow them to finish building the case and not run afoul of the requirements - which could have gotten him off on a technicality if they violated them.

Now they can finish what they need to present the prosecutor with the evidence and pick him back up for arraignment.


10 posted on 11/18/2022 9:09:41 AM PST by reed13k (For evil to triumph it is only necessary that good men do nothing)
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To: bitt

It sounded like an accident to me.

A bunch of people running down the middle of a dark thoroughfare before dawn?

Does that sound like a smart thing to do?


11 posted on 11/18/2022 9:09:51 AM PST by E. Pluribus Unum (The worst thing about censorship is ████ █ ██████ ███████ ███ ██████ ██ ████████.)
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To: Safrguns

No. Not as long as he kills peons and serfs. If he starts killing the Elites, all bets are off.


12 posted on 11/18/2022 9:10:05 AM PST by sport
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To: bitt

Open season?


13 posted on 11/18/2022 9:12:56 AM PST by G Larry ( "woke" means 'stupid enough to fall for the promotion of every human weakness into a virtue')
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To: bitt

He is clearly a danger to the community and a flight risk. They should take him to Sacramento so he can run over all those politicians and maybe they will change the laws.


14 posted on 11/18/2022 9:13:33 AM PST by George J. Jetso
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To: bitt

I dont get why they released him, unless they wished to give him time to ‘get lost’.
If he ever does get rounded up and sent to trial like Darrel Brooks, don’t send him to that same judge; Jennifer Dorow. In my opinion, Judge Dorow is too softhearted and too easily intimidated by rowdy defendant behavior.


15 posted on 11/18/2022 9:14:22 AM PST by lee martell
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To: E. Pluribus Unum

It was early but it wasn’t dark and they were running in formation on the right-side of the road. You do not know any correct facts yet you judge the situation? Obviously you have not bothered to watch any of the video of the incident


16 posted on 11/18/2022 9:14:34 AM PST by jpp113
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To: Leaning Right

He was arrested but the Soros-funded DA, Gascon, let the perp out of custody


17 posted on 11/18/2022 9:15:58 AM PST by jpp113
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To: jpp113

It’s not as if you’ve “judged the situation” or anything.


18 posted on 11/18/2022 9:16:11 AM PST by E. Pluribus Unum (The worst thing about censorship is ████ █ ██████ ███████ ███ ██████ ██ ████████.)
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To: Tucsonican

Likely that around 50-75 % of the recruits were Latino. From the videos, This was an intentional act of attempted mass murder


19 posted on 11/18/2022 9:18:24 AM PST by jpp113
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To: E. Pluribus Unum

Have you seen the video. Never mind, it is obvious that you haven’t. The middle of a dark street before dawn? Wrong, Wrong and wrong.It takes practice to be wrong 3 times in 2 seconds. Well done.


20 posted on 11/18/2022 9:18:34 AM PST by calljack (Sometimes your worst nightmare is just a start.)
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