Despite prosecutor objections, a judge freed two men convicted in a fatal road rage incident because of jail overcrowding.
Misael Ortega and Joshua Ellinwood, convicted of vehicular manslaughter, had been sentenced in October to 270 days in jail by Superior Court Judge Brian Hill.
This week, however, Hill released them and ordered them to wear electronic monitors. The district attorney’s office said Thursday the judge’s decision reflected concerns about crowding in the jail.
Senior Deputy District Attorney Gordon Auchincloss argued that crowded conditions should not be used to determine if an inmate is released.
The defendants’ explosion of road rage last year led to the death of Michael Neese as he walked along the sidewalk on Haley Street.
The County Jail, which has 618 beds, has an average daily population of 751.
Originally published in the Santa Monica Daily Press print edition on December 16, 2006. Read the original PDF.