Attorneys react to low bail after serious domestic violence incident in Pima County

TUCSON, Arizona (13 News) – While the investigation in the domestic violence incident that led to Zahriya Moreno's organ donationMany are wondering how the suspect was released on a low bail just hours after the incident.

Lawyers who spoke to 13 News say it depends on the information the judge has in the initial hearings and, in this case, warning signs that may have been missed.

“The fact that the victim was seriously injured and had to be hospitalized should be a big warning signal for the judge,” said former Pima County District Attorney Barbara LaWall.

When a domestic violence case, like the incident involving Moreno, is brought to court for an initial hearing, the judge considers many factors when setting bail. These include the safety of the community, if there is a risk of flight/the suspect will appear in court, and the seriousness of the crime.

Joe St. Louis, a longtime criminal defense attorney in Tucson, said it's not always black and white.

“The judge can only work with the information he has, and the nature of the charges definitely has a big impact on his decision,” St. Louis said.

St. Louis said the judge sometimes doesn't have much information available, especially on days when he is inundated with cases ranging from minor offenses to murder.

He said it was the prosecutors’ job to ensure that the judge was informed and In cases of domestic violence, an assessment of lethality is helpful.

“In an assault, there is usually an assessment that is filled out by the victim. That gives the judge more information,” St. Louis said.

The lethality assessment allows the judge to understand the immediate threat a suspect poses to a victim, which can be helpful in determining release conditions.

However, due to Moreno's injuries, she was unable to fill out a form.

According to LaWall, this should have been a warning sign, but it was not the only warning sign in this case.

“There is the possibility of a high or low bail or a specific statement in between. But in this case, the prosecutor indicated there would be no recommendation. Highly unusual,” Lawall said.

Instead of a recommended bail amount, the judge has even less to go on when setting bail for the suspect. 13 News asked LaWall what she would have recommended for a possible bail amount.

“Under my previous administration, a bond recommendation would probably have been around $100,000 to $150,000,” she said.

In this case, 25-year-old Angelito Olivas was released on a $2,500 bond. It is these low amounts for violent offenders that have led to heated debates on the issue in Pima County for years.

Pima County Sheriff Chris Nanos has had to deal with this many times.

“The courts do what they do. Sometimes I wish we could just lock these guys up forever, but the reality is I don't have that control and that's probably a good thing. We leave these matters to the courts,” Nanos said.

There is currently a bill pending that would abolish the current bail system and no longer require bail for violent offenders, but would allow all non-violent offenders to receive low bail or parole programs.

Current Pima County District Attorney Laura Conover says she has been trying to push this bill forward for years.

In a statement released Wednesday, Conover said:

“Almost every day, Pima County is reminded that the bail and initial hearing system is not working. Far too many people are in the Pima County Jail for non-violent, victimless crimes simply because they cannot pay low bail. At the same time, those who cause harm in our community are able to pay bail despite our most earnest arguments, only to then go on to do further harm unhindered. Last month, I took steps to reintroduce my 2021 bail bill in the Arizona House, and it is disheartening how many case studies we have to present to our lawmakers to show how our bail system is failing us. We are in the process of reaching out to family members of victims as they move through the court process.”

Although there is opposition to the bill, Lawall said there needs to be some changes to the cash bail system.

“People who are violent and dangerous, who threaten and harm others. There should be no reason to let them back on the streets before their trial,” Lawall said.

13 News contacted Laura Conover, but she was unavailable for an interview.

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