Authorities fight suspect’s release

REDWOODCITY— The Pittsburg man prosecutors believe gunned down East Palo Alto activist David Lewis was released from jail Tuesday as authorities fight a dismissal of the murder charges against him.

San Mateo County Superior Court Judge Craig Parsons granted release to Gregory Elarms, 60, on his promise to appear at future court dates, which means he won’t have to pay bail. But the probation department will keep tabs on him twice a week.

“We opposed the decision,” said District Attorney Steve Wagstaffe. “We continue to believe he killed Mr. Lewis. We are doing everything we can to hold him accountable.”

San Mateo County Superior Court Judge Stephen Hall dismissed the murder charge against Elarms in November, ruling San Mateo police illegally collected a confession from him. Elarms has remained behind bars since then because of charges alleging he had homemade weapons in his jail cell.

“I think Judge Parsons did the right thing,” said defense attorney Jonathan McDougall. “If ( prosecutors) think he was involved in the murder they should refile charges.”

The DA’s offi ce has opted instead to appeal the dismissal, which Wagstaffe’s office has said was “erroneous.” Prosecutors say police followed the law and assert the case is strong enough to pursue even without the contested statement.

The Attorney General’s office has filed the appeal and Wagstaffe said he expects a decision by fall.

Hall’s ruling sent shock waves through the county’s law enforcement circles. The judge said San Mateo police detectives ignored or brushed off his at least nine attempts to ask for a lawyer or stop the interrogation. After several hours of police questions Elarms allegedly admitted to killing Lewis, a former junkie and stickup man turned world- renowned drug treatment advocate.

Lewis was fatally shot in the abdomen June 9, 2010, as he walked from his Honda toward an entrance at the Hillsdale Shopping Center in San Mateo.

Instead Elarms was later found to be mentally incompetent to stand trial and was sent to a state mental hospital. But about six months later doctors there decided he was well enough to aid in his own defense and sent him back to San Mateo County in May.