Land Park murder case: Troy Davis' parole officer was not notified of June arrest
The man who allegedly killed a Land Park woman had been on parole for assault
The man who allegedly killed a Land Park woman had been on parole for assault
The man who allegedly killed a Land Park woman had been on parole for assault
The killing of Mary "Kate" Tibbitts at her Land Park home in Sacramento has raised questions about why the parolee accused of her murder wasn't kept in jail after a June arrest.
KCRA 3 Investigates has continued to search for answers on how Troy Davis, a convicted felon, was able to get out of jail after he was arrested in June for stealing a car. It appears that his violent history was not taken into consideration before he was released.
Multiple sources, including the arresting department — Elk Grove police — have confirmed that Davis' parole officer was not notified of his arrest. KCRA asked the department if parole had been called by the arresting officer when Davis had been dropped off for booking. The department said, "A parole hold was not requested."
(Video above: KCRA Investigates looks into Troy Davis' release)
KCRA 3 Investigates obtained the probable cause declaration by the Elk Grove officer who arrested Davis in June. If a parole hold had been requested, experts say that would have appeared in the declaration.
The probable cause declaration only describes the June crime Davis was alleged to have committed: a "hand to hand transaction," often a description given for alleged drug deals. After a record check of the license plate of the car Davis was near, he was suspected of auto theft. It goes on to allege that Davis had hidden the key to that car in his underwear. In the front seat was a Sacramento County Jail property bag with his name on it. He also was said to have methamphetamine in his pocket.
While the probable cause declaration did not note the parole violation, Davis' criminal record, including his parole, would have been known to the jail after he was booked, according to Elk Grove police and the Sacramento County courts.
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Davis was booked into the Sacramento County Jail at 7 a.m. on June 18. Yet, 13 hours later he was released on his own recognizance, meaning he did not have to pay bail and promised to appear at his next court date.
KCRA reached out to the Sacramento County Sheriff's Office to ask what, even knowing Davis' criminal history, led to his release. The sheriff's office says that declaring a parole violation requires the arresting officer — in this case from Elk Grove police — to request a "parole hold." A representative of the sheriff's office says placing him on a parole hold is not their responsibility.
However, multiple sources, including representatives for the Sacramento County court and the Elk Grove Police Department say that the county — meaning the sheriff and the jail — has the ability to put a parole hold on someone booked into the jail.
Under Penal Code 3000.08, a local or county law enforcement agency may place a hold on a parolee in their custody, KCRA 3 has learned.
(c) At any time during the period of parole of a person subject to this section, if any parole agent or peace officer has probable cause to believe that the parolee is violating any term or condition of his or her parole, the agent or officer may, without warrant or other process and at any time until the final disposition of the case, arrest the person and bring him or her before the court
In a Facebook post, Sheriff Scott Jones said, "the suspect was arrested this summer for a felony and then unceremoniously released under the darling of social justice warriors—'zero bail.'" He goes on to say, "Another factor is the politics of the Judicial Council which, not letting a good crisis go to waste, decided that 'because of COVID' criminals should be let out all over the state with 'zero bail.'"
Elk Grove police and the Sacramento County Sheriff's Office both say that "a suspect’s parole status does not automatically mean a parole hold will be granted, or that a parolee will be held." Misdemeanors and non-violent felonies qualify for zero bail. The auto theft arrest Davis faced was a non-violent crime.
However, KCRA 3 Investigates has found that the Sacramento County bail schedule, updated in May of 2021, indicates that Davis would not have been eligible for zero bail because of his parole status.
"A condition of your parole is that you not have any new arrests," says Mark Reichel, a Sacramento defense attorney.
He says that just the arrest itself could be considered a violation.
"If there's a serious violent felony that they're on parole for and they violate their parole, the bail schedule we're all talking about, the emergency COVID bail schedule, doesn't say you just release those people," he said. "In fact, it's got an exception, it's got a very clear exception that KCRA 3 pointed out to me that's very clear in that these types of crimes that he was on parole for you don't get zero bail."
Representatives from the Sacramento County court tell KCRA that Davis never faced the courts before his release.
After multiple requests for comment, KCRA 3 Investigates received a statement on Friday from the California Department of Correction and Rehabilitation, which oversees the parole system.
CDCR said its Division of Adult Parole Operation was not aware of Davis’ June 2021 arrest. That month Davis’ parole agent was unable to make contact with him despite multiple home visits, which led to a warrant being issued on July 24.
Davis remained a parolee-at-large until the agency was made aware of his arrest on Sept. 4 in connection with Tibbitts’ killing, CDCR said.