FAIRFIELD — A hardcore Fairfield gang member found guilty of felony assault and mayhem charges for his role in a brutal gang fight in front of Anna Kyle school has been given a freebie by the Solano County District Attorney’s Office.
In spite of a jury’s guilty verdicts for crimes that could have landed Hamlet B. Solis, 36, more than 12 years in prison, he will not do a day of time behind bars for his crimes.
“We are looking into what happened and conducting an internal review looking at whether or not internal administrative remedies were followed,” District Attorney Donald A. du Bain said Tuesday. “We are actively pursuing all legal remedies, which include possibly appealing the ruling.”
Du Bain learned of the highly unusual circumstances surrounding Solis’ case after being contacted last week by the Daily Republic.
Solis had his case thrown out by Judge Donna Stashyn in August.
On the night of March 11, 1999, Solis, then 22, was involved in gang fight with several fellow gang members. One rival was stabbed three times, another rival nearly had an ear sliced off his head and other victims were beaten and stomped.
Solis was no stranger to gang violence. Four years earlier he was convicted of battery causing great bodily injury in another gang dispute.
Fairfield police arrested Solis and three of his fellow gang members. One of them got a 12-year prison sentence, another got 10 years and the third, a codefendant at Solis’ trial, was faced as long as 20 years behind bars.
Unlike some of his fellow gang members, Solis had posted bail, more than $100,000, and was out of custody before and during his jury trial.
On Dec. 7, 1999, the jury found Solis guilty of five violent felonies with a gang enhancement.
Judge Harry S. Kinnicutt could have remanded Solis after the verdict, but he did not. Instead, Kinnicutt ordered Solis back to court the next day because the prosecutor in the trial wanted to make her case about why Solis should be locked up.
“We have not found any records about why the judge did not remand him,” du Bain said.
Solis did not show up.
Kinnicutt ordered a warrant for his arrest. Since then, Solis has been in and out of the system and in and out of the country. He is currently locked up in a federal prison in Mendota under the name of Marco Soarez. A check of court records turn up six other aliases for Solis.
In 2000, the bail bondsmen who secured Solis’ $100,000 bond told Kinnicutt that Solis had gone to Mexico and had spent several days in a Mexico City hospital. Except for the lingering dispute about whether the bail bondsmen should pay for their bond, Solis disappeared from Solano County.
Oakland police arrested Solis in 2002 for fighting in the backyard of a home. As police put him into a patrol car, he slipped loose of his handcuffs and fled. In 2005, he was found guilty of assault with a deadly weapon after firing five or six gunshots outside a grocery store. He was deported back to his home country of Nicaragua.
Oakland police arrested Solis again in 2011. A search of his bedroom turned up a stolen gun and ammunition. After being locked up in the Alameda County jail for nine months, a federal grand jury indicted him for being a felon with a gun and for being in the country illegally.
Solis could have received 30 years in federal prison. Instead, he got a four-year plea deal.
Solis was sentenced on Dec. 12, 2012. An order for his deportation back to Nicaragua after he does his time accompanied sentencing records.
Days later, from his prison cell, Solis wrote a letter to du Bain seeking dismissal of his 1999 Solano County case or an offer to serve a 40-month sentence concurrent to his federal sentence. The 10-page letter included Solis talking about his tough childhood and how much he has changed in recent years. He wrote that he now wants to either be a minister or a chef when he gets out of prison.
The letter was received at the Solano County District Attorney’s Office on Dec. 24, 2012.
California law includes a provision that any person sentenced to federal prison has the right to be sentenced on unresolved state court charges within 90 days of making a request.
Solis’ next letter to the District Attorney’s Office was received in May 2013. He knew the law and, after months of delays, and after repeated objections by prosecutors, Stashyn agreed with Solis and dismissed his case.
“This is not an area of law commonly known among our rank-and-file prosecutors,” Du Bain said Tuesday.
Du Bain said his office is still investigating how Solis’ case was handled and that it was “not necessarily the result of a mistake.”
Prosecutors have until Oct. 20 to decide whether or not to file an appeal.
“We want Mr. Solis to serve out his sentence for his conviction,” du Bain said.
In 2000, Kinnicutt ordered the bail bondsmen who put up Solis’ $100,000 bail, Marty Bail Bonds and Solano Bail Bonds, operated by Marty Maciel and Charles Turner, respectively, to pay the county for the bonds they had insured. The bail bondmen challenged the order, saying a clerical error by the court invalidated the bond.
In January 2001, lawyers for Solano County said they were not opposed to Kinnicutt setting aside his previous order. Three months later, Kinnicutt did just that.
Reach Jess Sullivan at 427-6919 or [email protected] Follow him on Twitter at www.twitter.com/jsullivandr.