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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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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