DALLAS — Dallas Police are doing what they can to try and hold Julio Guerrero in jail.
Shortly after Guerrero posted bond and was set to be released, Dallas Police filed an additional charge: tampering with evidence.
According to this arrest affidavit, Guerrero, “… had a silver Nissan Armada painted black...,” a vehicle police say was used in the road shooting where Guerrero is accused of shooting a 3 year old girl in the head.
Dallas Police say Guerrero needs to stay in jail.
”We talk about being serious about gun crime and I scoff when we see that in situations like this, we have individuals who we know are about to be released,” said Chief Eddie Garcia, Dallas Police Department.
Guerrero is also charged in a murder and three aggravated assaults against Dallas Police officers.
His attorney, Tom Cox posted his bond which was set at more than $1 million.
Guerrero is supposed to be released with an ankle monitor and under house arrest
”I don’t believe it’s effective for individuals that don’t want to change. If you don’t want to change, an ankle monitor is not going to stop you from inflicting harm on our community,” said Chief Garcia.
In addition, there was evidence presented at his last hearing that he says may have ties to Mexican Drug Cartels, so Guerrero’s a flight risk.
Something his attorney denies.
“Having met with the guy and interacted with him and a lot of his family, certainly my impression is that everything is going to be just fine. He looks forward to his day in court,” said Tom Cox, defense attorney.
But his case has also hit a bizarre legal hurdle.
The original judge in Guerrero's case Chika Aniyam recused herself after backlash for lowering his bonds.
Judge Amber Givens was then assigned to the case, but she also recused herself.
But multiple sources say she has not turned over the legal documents to have the case assigned to a new judge. So it’s in limbo.
Judge Givens has not returned calls or our emails to find out why. According to Guerrero’s attorney, no judge will sign the paperwork to place his client on an ankle monitor.
”I met with the electronic leg monitor people. They are trying to figure out how to get a judge to sign their paperwork, because of exactly what we’re talking about,” said Cox.
In addition, there is no judge to set a bond on the new tampering with evidence charge so for now Guerrero will have to stay in jail until a judge is assigned.
That is relief for now for the victims' families, who say they are terrified about Guerrero’s possible release
“That’s just a fear that has been put into us because of his actions and what he did and the people who he surrounds himself with,” said Carlos De La Rosa, a victim’s relative.
When an inmate is released on bond, if he flees or violates it, typically the person who posted the bond in this case -- his attorney -- would have to pay the full bond amount.
But, the Dallas District Attorney says some judges will give some lawyers a pass.
”So we’ve seen instances where judges -- not just in Dallas, but certainly here in Dallas -- have done something other than hold the bond in forfeiture. They hold it insufficient, which means that the bondsman -- via an attorney, whomever -- does not have to pay the balance on it,” said John Creuzot, Dallas County District attorney.
Guerrero’s attorney says that won’t happen and believes his client will show up for trial if he’s released.
But, prosecutors and police say that isn't a risk they want to take.