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latest news Sacramento shooting suspect freed from jail despite DA

The man arrested for possessing a machine gun at the scene of Sunday’s Sacramento shooting was released from state prison last year despite the county attorney’s opposition to his early release.

Smiley Martin, 27, was convicted in 2018 and was serving a 10-year sentence for domestic violence and assault when he was released. He was arrested Tuesday morning at a Sacramento hospital, charged with being a felon in possession of a stolen firearm and handgun that was converted into a fully automatic weapon. He was injured in a downtown Sacramento shooting that erupted around 2 a.m. Sunday outside a string of nightclubs, killing six people and injuring 12.

In video confirmed by law enforcement, he is seen brandishing the weapon on social media on Saturday, just hours before the shooting. Her brother, Dandrae Martin, was arrested for assault with a deadly weapon and possession of a firearm by a felon.

Almost exactly a year ago, Dist. Atti. Anne Marie Schubert’s office opposed Smiley Martin’s release from state prison to the Board of Parole Hearings in a two-page letter, first reported by the Sacramento Bee. The district attorney’s office requested that he not be released because he is a career criminal and a danger to the community. Schubert released the letter after a request for the records but would not comment further.

“Inmate Martin has, throughout his adult life, displayed criminal behavior,” Deputy Dist wrote. Master Danielle Abildgaard. “While the case under review may not be ‘violent’ under the Penal Code, inmate Martin’s criminal conduct is violent and lengthy.

“Inmate Martin has committed multiple criminal offenses and has a clear disregard for human life and the law, which can be demonstrated by his conduct in his prior convictions for robbery, possession of a firearm and prior conviction for offense of providing false information to a peace. officer.”

The prosecutor documented his story with illegal firearms. “In January 2013, just six months after his eighteenth birthday, inmate Martin was contacted by law enforcement officers. Inmate Martin attempted to throw an assault rifle that he had concealed in his belt under his clothing. The rifle had a pistol grip and the ability to accept a detachable magazine in front of the pistol grip. Inmate Martin was also found in possession of two fully loaded twenty-five round magazines for the assault weapon. »

The prosecutor noted that Martin was convicted of the assault weapon and large capacity magazine offense and was sentenced to jail and probation. But in November 2013, Martin and three other suspects entered a Walmart store, asked a clerk to see a Samsung Galaxy laptop, then seized several Galaxy laptops, worth about $2,800, and they ran away. It was part of a series of robberies and witnesses identified Martin through surveillance photos from those subsequent robberies. Martin pleaded to the theft and was sentenced to two years in state prison.

Shortly after that prison sentence, in November 2016, Martin was arrested in a car with three other passengers, then gave a false name and fled from the police. “Inmate Martin was eventually incapacitated with a Taser and ultimately taken into custody,” the prosecutor wrote. Officers determined he was on parole. “One of the passengers in the vehicle Inmate Martin was traveling with had an unregistered, loaded handgun in his purse. Inmate Martin was charged and ultimately pleaded to giving false information to a peace officer.

“Less than six months later, inmate Martin forced his way into his girlfriend’s residence. He found her hiding in her bedroom closet and struck her repeatedly with a clenched fist across the face, head and body, causing visible injuries,” the deputy prosecutor wrote. “He then dragged her out of the house by her hair to a waiting car. After putting her in the car, he assaulted her with a belt.

The ensuing police investigation determined that “the victim worked as a prostitute and that inmate Martin aided and abetted her in prostitution,” according to text messages. Martin pleaded to two felony assault charges for a 10-year prison sentence.

The prosecutor warned the council that Martin “is an aggressive and non-compliant individual and has absolutely no respect for his victims who are left behind as a result of numerous serious offenses. He has no respect for others, for the forces order or for the law. If he is released sooner, he will continue to break the law.

California Department of Corrections and Rehabilitation officials did not immediately respond with details of Martin’s release. But they have previously said that inmates like Martin were not released early, and rule changes regarding good behavior credits did not amount to early releases.

Schubert, a former Republican who is running for state attorney general as an independent, is among a group of district attorneys who have sued the state over its emergency regulations that led to a reduction in the state’s prison population. She repeatedly warned that “early releases” would result in prisoners sentenced to 10 years being released after three years and four months.

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