Jerome Deavila was in court Thursday for the alleged rape and murder of his grandmother, but prosecutors say he should not have been on the streets when it happened.
The reason he was out, the DA says possibly from overcrowding in jails.
Prosecutors said Deavila, a registered sex offender, plead guilty on Feb. 19 for not registering.
“He was given a 30-day sentence and he was released the next day,” Prosecutor Sherri Adams
In the last year, Deavila had been in and out of custody possibly up to 11 times for violating parole.
“It is very frustrating when we set a sentence and it can’t be kept due to overcrowding,” said Adams.
Deavila allegedly raped, murdered and stole from his grandmother, 76-year-old Rachael Russel.
Russel was known for being active in her church and helping her community.
Deavila’s family wasn’t in court Thursday.
He will be back in court next week where he will be appointed a doctor to see if he is competent to withstand trial.