- Associated Press - Thursday, November 26, 2015

LAS VEGAS (AP) - A Las Vegas-area substitute school bus driver facing felony charges of sexually abusing a child is back in jail after being mistakenly released on bail.

Ramiro Garcia, 52, was re-arrested Wednesday after being bailed out two days prior because of a data-entry error that failed to note he should be denied bail on most counts, the Las Vegas Sun reported.

Garcia was released on bond for one charge, but the court’s computer system should have noted the other felony counts didn’t offer bail, a Clark County spokesman told the newspaper.

“My client wasn’t even aware of any issues with his bail until officers showed up at his door to arrest him,” attorney Damian Sheets said. “He clearly wasn’t trying to run because he was right at home. He has nothing to hide and wants to appear in court to fight the charges.”

Sheets said he plans to seek Garcia’s re-release on bail for the original amount, $5,000, and said the reason given in the warrant for his second arrest doesn’t make sense and doesn’t note that it was because of a clerical error. The latest warrant for Garcia’s arrest noted it was for his client’s failure to appear in court at 7:30 a.m. on Wednesday even though the warrant was issued 13 minutes prior to that time and no court date for that time on that day had been previously scheduled, Sheets said Thursday.

Garcia’s next hearing is now Dec. 1, timing that worries Sheets because that keeps his client in jail without a hearing longer than the 72 hours state statute requires.

“My client is constitutionally entitled to bail and the presumption of innocence,” Sheets said. “He lawfully posted bail, and it appears the court may have issued a warrant for a cause (failure to appear) that didn’t actually exist.”

Garcia faces felony charges of child sexual assault, lewdness and abuse or neglect and is next scheduled to appear in Las Vegas Justice Court on Feb. 8.

Garcia maintains he’s done nothing wrong, Sheets said.


Information from: Las Vegas Sun, https://www.lasvegassun.com

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