Man accused in West Valley shooting released from jail


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Correction: (10/31/2014) This story briefly included a pull quote that incorrectly attributed a statement from the Fraternal Order of Police to the West Valley City police chief. KSL.com deeply regrets the error.WEST VALLEY CITY — The man accused of gunning down a 72-year-old man on the doorstep his West Valley house has been released from jail without being charged.

Salt Lake County District Attorney Sim Gill said he was released because of evidence concerns. But the Fraternal Order of Police, which has long been at odds with Gill, believes there may be more to the story. Raymond Jesus Marquina, along with three others — Michael Robert Flores Jr., 38, Leann Martinez Velasquez, 32, and Ricardo Valentino Smith Jr., 36 — was arrested last week in connection with the Sept. 27 shooting of Robert Warren.

Warren had just returned home from a night at the symphony with his wife when he answered a knock at his door about 10:40 p.m. in the 3900 block of Meadowgate Drive. As he opened the door, he was shot four times in the face and neck.

He has remained hospitalized for more than a month.

Marquina was the alleged triggerman in the incident, according to police. Court records indicate the group targeted Warren and planned to "threaten and rob" him because Flores was "upset that Mr. Warren was evicting his friends and family members from a residence they rented from Mr. Warren." Velasquez was the one who allegedly supplied Warren's address to the others. Flores stood by on Warren's driveway as "another man" allegedly went to the door, charging documents state.

That other man is presumably Marquina, based on what police have previously said. When first arrested and officers tried to question Marquina, he told investigators that "this was 'big' and he needed a lawyer," according to a Salt Lake County Jail report. Flores also told police that Marquina was the gunman, according to the report.

On Wednesday, Flores, Velasquez and Smith were charged in 3rd District Court with aggravated robbery, a first-degree felony; robbery, a second-degree felony; and obstructing justice, a second-degree felony.

But on that same day, Marquina was released from the Salt Lake County Jail just after 8 p.m. to "prefile release," according to jail records. He was originally arrested for investigation of attempted murder.

West Valley Police Chief Lee Russo, who is currently attending an International Association of Chiefs of Police conference in Florida, said he learned of Marquina's release late Thursday.

"While I was surprised that charges were not filed, within minutes I was able to speak directly with (District Attorney Sim) Gill and other members of his staff to assure that this matter was receiving priority attention and full effort from both offices."

Gill wouldn't get into specific details on Friday, but he said there were problems with evidence and his office could not constitutionally hold Marquina in jail that long without filing charges.

"If there are evidentiary issues, we can't just make it up," he said. "We have to analyze (a case) based on what we have."

He said the investigation is continuing and his prosecutors have been working closely with West Valley police.

"Law enforcement knows what they need to do," he said.

The Fraternal Order of Police, which has been a vocal critic of Gill ever since Gill determined that West Valley police detectives Shaun Cowley and Kevin Salmon were not legally justified when they shot and killed Danielle Willard during an undercover drug investigation, issued a statement Friday again criticizing the district attorney.

The FOP called on Gill to "immediately move to correct" what it calls "the mistaken release" of Marquina and a subsequent cover-up.

"The Utah Fraternal Order of Police was initially dismayed at the accidental release of Raymond Marquina, especially as his victim is still recovering in the hospital from the gunshots. We believed the mistake would be quickly corrected with a warrant and re-arrest. However, while a mistake is understandable, D.A. Sim Gill's covering up of the mistake is not."

Of the four people arrested in connection with the shooting, Marquina, 20, has the smallest adult criminal history, according to court records. He took a plea in abeyance in January to a charge of "disorderly conduct/fighting/violent tumultuous behavior." He was also arrested in 2013 for investigation of drug possession.

Flores was sentenced to up to five years in prison in 2008 for multiple counts of aggravated assault. Velasquez was convicted of robbery in 2013 and placed on probation. During that incident, she threatened to kill the person she robbed, according to charging documents. She was also convicted of drug distribution in 2013 in a separate case and attempted drug possession in 2006, as well as unlawful attempted use of a financial card in 2004.

Smith was convicted of attempted burglary and car burglary in 2013 and was sentenced to a year in jail.

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Pat Reavy

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