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Stockton man arrested for attempted murder had been released early

5:39 PM, Apr 30, 2012   |    comments
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Raoul Leyva

STOCKTON, CA - A 33-year-old Stockton man charged with attempted murder should have been behind bars because of a previous charge at the time of that violence.

Raoul Leyva was arrested last week for allegedly trying to kill his 20-year-old girlfriend, Brandy Arreola.  Arreola's family said she is in a coma and not expected to survive after the beating.

Relatives and San Joaquin County prosecutor Thomas Testa all expressed frustration that Leyva was even free because a couple of weeks earlier, he had been sentenced to 100 days of jail for violating his parole.

"I'm shaking my head at what's going on here.  I don't know if it's parole, or it fell through the cracks.  I need to look into it more," said Testa.

Here's the timeline for Leyva's arrests and release: 

  • March 23 - arrested for parole violation
  • April 9 - given a sentence of 100 days in county jail
  • April 11 - released
  • April 26 - arrested for attempted murder

San Joaquin County sheriff's Deputy Les Garcia said his office was only following a court order to reduce overcrowding.  That's why Leyva was released after just two days days of a 100-day sentence.

San Joaquin County Superior Court Judge Richard Guiliani confirmed his order for that release, but said counties are without choice because the state of California now has shipped so many prisoners to the county level.

Leyva won't be getting out of jail so quickly this time.  His bail for the attempted murder charge was set at $2 million.

by tdaly@news10.net

News10/KXTV

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