RELEASE: ‘We’ve been living in fear’

Authorities say that if charges are filed, Lopez can be re-arrested if he’s found.

Ward suffered broken ribs, a collapsed lung and brain damage. The robbers stole about half a pound of marijuana, according to the Yuba County Sheriff’s Department.

“We’ve been living in fear since that night, because we thought the guys would come back,” Baran said.

Lopez was arrested at 4 p.m. Tuesday and booked into Yuba County Jail with bail set at $100,000.

But he was released from custody on Thursday.

“We did not receive the report in time, and because of that, he was released,” District Attorney Patrick McGrath said Friday. An attorney will review the case, and if there is evidence to support it, his office will file charges and there will be another attempt to take Lopez into custody.

A person who is in custody and has been accused of a crime has a right to an arraignment within 48 hours of being arrested. During arraignment, the defendant is informed of the charges against him or her and advised of his or her rights. In-custody arraignments are scheduled in the Yuba County court calendar at 3 p.m.

“In order to have a filing (of criminal charges), we would need the report no later than 1:30 p.m.,” McGrath said. His office received the report after 3 p.m.

Ward said that on the night of the robbery, a blanket was thrown over his head and he was beaten and shocked with a Taser or stun gun in his front yard.

“Chris refused to sell Manual marijuana because it is medical,” Baran said. “He showed up. They were wearing masks, saying they had a gun and to get on the floor. Meanwhile, my fiancé was in the front yard laying on the ground bleeding.”

Baran and Ward were planning to marry at 10 a.m. the next day. Instead, Ward was in the hospital.

She said she told police personnel she was afraid for her life.

“They just released him,” she said.

The Sheriff’s Department did not return calls to provide information as to why the deadline was missed.