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Clerk error frees convict
July 30, 2008, 12:00 AM By Michelle Durand


A potential second-striker convicted of beating his girlfriend and a man who tried intervening on a San Mateo street was erroneously allowed to leave jail custody and flee after a booking process error left his bail set at $25000 instead of  no-bail status.

A no-bail arrest was issued Monday morning for Alfredo Guadalupe Ortiz Jr., 28, after he failed to appear for a court trial on his prior convictions.

Ortiz had been out of custody on $25,000 bail during his domestic violence and battery trial but Judge James Ellis changed it to no-bail status Friday afternoon after the jury found him guilty. Ortiz was taken back into custody at the county jail to await Monday’s hearing and sentencing.

A court clerk reportedly forgot to change the status in the computer system and Ortiz was able to post another $25,000 bail bond Friday night and leave the jail.

Ortiz’s whereabouts are unknown.

On Friday, Aug. 25, a jury ended a five-day trial by convicting Ortiz of felony domestic violence, misdemeanor battery against a significant other and misdemeanor battery. He has one prior prison term and one prior conviction for gun possession.

According to the District Attorney’s Office, on July 27, 2007, an intoxicated Ortiz beat his girlfriend on a public street in San Mateo. Two individuals returning from dinner witnessed the beating and one tried forcing Ortiz away. Ortiz sucker punched the man before police arrived, according to the prosecution.

At the scene, Ortiz’s girlfriend was uncooperative and reportedly lied about her identity.

When sentenced, Ortiz faces nine years in prison for the original charges, said Chief Deputy District Attorney Steve Wagstaffe.

Prosecutors can also charge him with a failure to appear which could add an extra eight-month term.


Michelle Durand can be reached by e-mail: michelle@smdailyjournal.com or by phone: (650) 344-5200 ext. 102.


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