A Las Vegas judge is threatening contempt proceedings against the Las Vegas Metropolitan Police Department after the agency refused to release a repeat offender despite a court order.
Las Vegas Justice Court Judge Eric Goodman ruled that 36-year-old Joshua Sanchez-Lopez could be released from custody if he posted bail and was placed under electronic monitoring. Sanchez-Lopez was arrested in January on a charge of grand larceny of a motor vehicle.
However, the Las Vegas Metropolitan Police Department declined to carry out the order. In a letter to the court on Jan. 29, police said they believed Sanchez-Lopez posed too great a risk to be released into the community.
According to authorities, Sanchez-Lopez has an extensive criminal history, including 35 prior arrests and convictions that include involuntary manslaughter and drug offenses. Police also cited past failures to appear in court and violations of supervision programs.
In one previous incident, Sanchez-Lopez reportedly mocked his monitoring conditions by posting a photo of his ankle bracelet on Snapchat.
Judge Goodman responded Feb. 5 by warning the department it could face contempt of court for refusing to comply with the release order.
Metro officials argue that state law grants the sheriff discretion over participation in the department’s electronic monitoring program, allowing them to deny placement if they determine a suspect cannot be safely supervised.
Public defender P. David Westbrook challenged that position, arguing that judges, not law enforcement agencies, ultimately decide whether a defendant should be released and under what conditions.
“The idea that a Metro employee can overrule a judge’s release order and keep someone locked up should worry anyone who believes in the Constitution and the rule of law,” Westbrook said.
Metro assistant general counsel Mike Dickerson said the department’s decision was driven by public safety concerns.
“We have to take a look at that and say, ‘Is this somebody who our electronic supervision program can monitor safely in the community?’” Dickerson said.
Nevada Gov. Joe Lombardo, a Republican and former sheriff of Clark County, publicly backed the department’s stance.
“Sheriff McMahill and the men and women of Metro are doing exactly what they’re sworn to do: protect the public,” Lombardo said in a statement posted to social media.
The governor added that he supports the department’s plan to challenge the issue before the Nevada Supreme Court.
Officials said the electronic monitoring ordered by the court would have functioned similarly to house arrest, though police maintain the suspect still poses a danger if released.
“The safety of our officers is paramount. The safety of the public is key,” Dickerson said, adding that the sheriff would not violate the law simply to comply with the court’s demand to release someone he considers dangerous.
The dispute now sets up a potential legal clash between the court and the police department over the limits of judicial authority and law enforcement discretion in pretrial release decisions.
Comments
No comments yet. Be the first to share your thoughts.