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Tuesday, March 19, 2013

Stockton felon allowed home for the holidays

News 10A wanted man shot by Stockton police two weeks ago during an attempted carjacking probably should never have been out on the streets in the first place because of his lengthy criminal past.

"20-20 hindsight? Yes, obviously a mistake," said San Joaquin County district attorney spokesman Robert Himelblau.

Nathaniel Smith was wanted by police for failing to make a court appearance when he was spotted by police on Feb. 13. But Smith ran across a freeway and down an embankment and tried to carjack a vehicle, according to police. Smith was wounded in the shooting and is still hospitalized.

The court hearing was to be Smith's official sentencing to state prison for a violent DUI incident in 2010. But when Smith was told in October he'd be off to prison for a long time, he asked for and received from the judge and prosecutor, time to be home with family over the holidays.

"If someone has a prison sentence, 99 times out of 100, our position is: You have a sentence, let's go to prison," said Himelblau.

It was while Smith was free to be home with family that he was arrested in Tracy on a burglary charge at a Home Depot store. continue reading...

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