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Alleged suspects released from legal custody

By JB Miller
Published Tuesday, February 2, 2010 9:14 AM MST

Three men arrested for their alleged involvement in a Jan. 16 altercation in the Monte Carlo subdivision were released from jail a day later. Charges were subsequently dropped.


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Cory Vindiola, David Vindiola and Xavier Fierros were released after they were not seen by a judge within the 24-hour window, as per their constitutional rights. Charges ranging from attempted second-degree murder to aggravated assault were also dropped.

The Santa Cruz County Sheriff’s Office said the men were permitted to leave the jail on Jan. 17, and they were released on their own recognizance.

“We were unable to connect the dots in order to move forward,” said Santa Cruz County Attorney George Silva. He said a complaint was not filed because the Nogales Police Department has still not concluded its investigation including several interviews.

He said charges could be refilled but that the lead investigator is involved in a jury trial, which may cause some delay in rounding up information.

Silva said emergency medical personnel initially told Nogales police that the victim, Omar Leon, 25, was shot in the face, but it was later concluded by doctors that the injuries were the result of an aggravated assault.

“He (Leon) had such an extensive injury to the face that they thought it was a gunshot wound,” said Silva who added that a 911 call reported gunfire in the vicinity of Baffert Drive and Santo Patron, and that’s why medical personnel thought the victim might have been shot. Residents reported shots being fired in the vicinity of the incident, he said.

When police arrived on the scene they found Leon in the roadway bleeding. Officers then stopped a vehicle in the area and the Vindiolas and Fierros were detained.

Leon was airlifted to the University Medical Center where he was treated for non- life-threatening injuries. He is out of the hospital and is recovering.

“None of us know exactly what happened, and that’s in essence what we’re trying to piece together to get one solid story,” said Silva. “Then we can figure out who was in violation and who was acting in self-defense.” He said that so far witnesses and/or victims have been hesitant to cooperate.

Robert Morales, Santa Cruz County Jail Commander, explained that the trio’s release resulted because the clock started ticking when they were arrested early in the day and not in the afternoon when they were booked into the detention facility. He said, “This is something that is being looked into internally to prevent this type of thing from happening again.”

Patagonia Magistrate Concepcion Bracamonte, who was on call that day and ordered the trio’s release, said that under the Arizona Rules of Criminal Procedure 4-1A the 24-hour period begins at the time of arrest and not at the time of booking.

(Manuel C. Coppola contributed to this article.)
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Copyright © 2010 Nogales International

Comments

    yeahright88 wrote on Feb 9, 2010 1:14 PM:

    " hatershateon how do you know what happened between the vindiolas and leon. we all read in the news paper that it could be self defense,,, but how are you so sure?? "

    hatershateon wrote on Feb 4, 2010 3:11 PM:

    " First of all, gotta say I absolutely LOVE the way NPD can distinguish the difference between a gunshot wound & a blow to the face! Hmmm... serious training right there!! I say people should get a life, stop hating on the Vindola's, and get their facts straight before giving an offensive opinion! Just because they've worked hard for what they've got doesn't mean they have the county bought! That's just plain IGNORANCE... and if the correct facts were given since the beginning, Nogales would know that this in fact was SELF DEFENSE. The so called "victim" Leon went looking for trouble.. and it backfired on him. The problem is, the paper was in such a big hurry to print out the "breaking" news just because of the name involved that they didn't bother in getting the correct facts. It's pretty pathetic and disappointing on the paper itself if you ask me, and it's just a little reminder on how you can't believe everything you read. My opinon, anybody would have acted in self defense having found themself in a similar situation, but since it involves the Vindiola's, oh of course, there's got to be ignorance, assumption's, and negative opinions. Haters hate on! "

    Heartshine wrote on Feb 4, 2010 9:24 AM:

    " Gotta know the ways............. "

    bsoto wrote on Feb 3, 2010 11:54 AM:

    " So if we commit an offense early in the morning, there are big chances anyone can get away with it??? WOW I Love the SCC criminal justice system. Outstanding, the system works!!!!! "

    chole1964 wrote on Feb 2, 2010 10:33 AM:

    " this is who the system works for the people that can BUY themselves politicians, I mean look at the case of the high school girl that got shot in an accident and they are trowing the books at this kids but on this one were it involves a son of a business man in Nogales you are calling it self defense, come on!!! how much are they paying you Silva? Nogales is tell me who you know and I'll tell you with how much you can get away with. I am opposed to this and i hope that the community speaks out. "

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