Suspect Freed Mistakenly Is Arrested Again

A suspect who was released from jail because a prosecutor forgot to have him arraigned on a charge of attempted murder was back in custody Tuesday, held at County Jail downtown on $350,000 bail.

Gregory Edward Gartiser, a 31-year-old transient who last month allegedly ransacked a Casa de Oro pharmacy, tied up the owner and attempted to set fire to the business, was arraigned Tuesday in El Cajon Municipal Court.

Gartiser pleaded not guilty to counts of premeditated attempted murder, attempted arson, burglary, armed robbery, transportation of controlled substances and possession for sale of controlled substances.

Deputy Dist. Atty. Albert Arena asked for Gartiser’s $250,000 bail to be raised to $500,000 because Gartiser had allegedly known that authorities were looking for him and also reportedly has family and friends outside the county and state. Bail was set at $350,000 pending an Aug. 9 bail hearing.

Gartiser was first arrested July 18, shortly after several witnesses said they saw him running from the direction of a pharmacy that had just been robbed of more than $2,000 worth of drugs. He was released a few days later because a deputy district attorney forgot to seek a charge against him, partly because of a clerical error.

Deputy Dist. Atty. Joseph L. van Orshoven said he had stayed home to take care of his ailing wife on the day Gartiser was supposed to be arraigned. By law, suspects must be charged within two working days of their arrest or be released from custody. Because the paperwork had been stamped incorrectly by a clerk, the prosecutor who filled in for Van Orshoven that day was unaware that Gartiser was scheduled to be arraigned.

A $250,000 arrest warrant was issued for Gartiser on July 23. San Diego authorities rearrested him Monday at the home of an ex-girlfriend in the San Fernando Valley community of Reseda, Detective Jerry Moreno of the San Diego County Sheriff’s Department said Tuesday.

The case against Gartiser is “very strong because of the identification issue,” said Arena, referring to several witnesses who placed him at the scene.

The owner of the pharmacy in the 9900 block of Campo Road had surprised a burglar in the store as he opened the shop. The burglar told the owner, Mark Lehew, that he had a knife and would attack him if he refused to cooperate, Moreno said.

Lehew was taken to an office in the back of the pharmacy, where his wrists and ankles were bound with tape. The burglar demanded drugs, and Lehew told him they were in the store’s safe. The thief was fumbling to open it when Lehew broke free and slipped out the back door.

According to witnesses, Gartiser followed Lehew out shortly afterward. He reportedly was spotted getting into a car and later switching cars. Deputies arrested Gartiser about 10 minutes after they received the call from Lehew.

When Lehew returned to the pharmacy, he discovered that someone had spread alcohol throughout the store and had tried to light it.