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Judge's Error Frees Murder Defendant
"I screwed up, " Circuit Court Judge Vincent J. Femia said.
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Femia said the file apparently was presented to him because of a clerical error.
On Sept. 16, Femia presided over Guifarro's arraignment, the judge said. The next week, the public defender's office referred the case to a private panel attorney, who notified the court that he was representing Guifarro.
Apparently, the court clerk did not put the attorney's name into the file, Femia said. The file was sent back to him Oct. 4 for re-arraignment because it appeared that Guifarro did not have an attorney, Femia said.
The apparent clerical error does not diminish his responsibility, Femia said. "Bottom line, I signed off on that docket entry," he said.
On Tuesday, prosecutors filed a motion seeking to reinstate Guifarro's "no bond" status, saying he had been released by mistake. Circuit Court Judge Thomas P. Smith granted the order.
Guifarro is accused of being the driver in a fatal shooting that occurred Aug. 1 in the 2100 block of Guilford Road. According to police charging documents, Edgar Carrera, 23, was standing near his parked vehicle when a pickup driven by Guifarro pulled up. A man in the pickup, Juan Rodriguez, exchanged words with Carrera, then shot him in the head, the charging documents allege.
Guifarro then drove away, according to the documents.
Rodriguez is jailed without bond on a charge of first-degree murder, prosecutors said. Both defendants allegedly admitted their involvement in the shooting to police, according to the charging documents.
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