‘Loophole’ That Freed Hillo Is Now Closed

Los Angeles County Sheriff Sherman Block blames a loophole in his new jail crowding policy for the release of tagger David Hillo--who allegedly committed a robbery in Van Nuys less than three hours after deputies set him free, despite a judge’s order to hold him.

That loophole is now closed, the sheriff said Thursday.

Block was responding to a protest from Los Angeles City Atty. James Hahn on Wednesday that the policy--not jailing those arrested for most misdemeanors--was threatening a “complete breakdown of law and order” in the city. Hahn pointed to the release of Hillo, with his multiple arrests, as an especially grave example.

Hillo achieved notoriety in January when he was wounded by gun-toting William Masters, who killed Hillo’s companion in a confrontation that began when Masters discovered them painting graffiti beneath a North Hollywood freeway overpass.

Block attributed Hillo’s release to a change in his misdemeanor release policy. The policy, instituted last week, provides that misdemeanor defendants like Hillo will be given citations and set free rather than jailed to await trial.

Block said he must turn the suspects loose because the county jail system is too crowded to house them.

But, Block said, he later added parole violation to the short list of misdemeanor offenses that warrant jailing, after he received a complaint from a judge.

The problem, Block said, was that Hillo was arraigned on Monday--the day before the policy took effect.

“Had he come in one day later, he would not have been released,” Block said.

Hahn sounded mollified by Block’s explanation. “It’s good to hear that,” Hahn said, when it was relayed to him.

“But I’d still like to talk to him about releasing other [prisoners suspected of] misdemeanors.”

Block also said he would send a letter to Hahn explaining why Hillo was released, and would later call him.

Hillo, 20, of North Hollywood, was sentenced to 20 days in jail for the graffiti tagging that led to the confrontation with Masters, and another 20 days was added because he refused to surrender as ordered. But because of jail overcrowding, he was released after serving only 12 of the 40 days.

Less than two weeks later, he was rearrested after allegedly participating in a graffiti spree in Van Nuys as a memorial to three friends killed in a car crash.

At a Municipal Court hearing on that charge, the judge ordered that Hillo, with his history of repeated run-ins with the law, be held without bail. But under Block’s policy--before the change--Hillo was instead released immediately.

About 2 1/2 hours after his release, Hillo was arrested again--this time for allegedly punching a security guard in the face while attempting to shoplift cold medicines from a Van Nuys grocery store. He is scheduled to be arraigned July 5 on a felony robbery count.