The son and daughter of the woman murdered in Stockton by her own grandson are suing the state and the county, asserting that the murderer, Jerome Sidney DeAvila, 40, should not have been out of custody when he committed the murder.
This case, which was featured prominently in a spot on CNN recently, is in many ways emblematic of the failures and pitfalls of AB109. The program assumes that “flash incarceration” will have a beneficial, deterrent effect on hard-core career criminals. It clearly does not.
The lawsuit, which was filed nine days ago, asserts that “parole employees” were aware that DeAvila was dangerous and that they were aware DeAvila had, on numerous occasions, expressed his intent to harm his grandmother.
Just a few days before the murder DeAvila was found to be under the influence and had removed his GPS tracker. When he was released from jail he did not have another GPS tracker put on, and authorities did not warn the grandmother he was being released.
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