Thursday, November 27, 2014
FAIRFIELD-SUISUN, CALIFORNIA
99 CENTS

Felon gets a pass on Solano case after DA’s office misses deadline

By
From page A1 | October 02, 2013 |

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.

The year: 1999

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.

The year: 2002

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.

The year: 2011

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.

The year: 2012

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.

The year: 2013

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.

The other freebie

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 jsullivan@dailyrepublic.net. Follow him on Twitter at www.twitter.com/jsullivandr.

Jess Sullivan

Jess has covered the criminal justice system in Solano County for several years. He was an embedded reporter in Iraq in 2003.
LEAVE A COMMENT

Discussion | 13 comments

The Daily Republic does not necessarily condone the comments here, nor does it review every post. Read our full policy

  • cee ripOctober 02, 2013 - 12:10 am

    Gotta love it. I guess you should know in advance , Mr. DA, there are No pay raises in your future. I propose a demotion and pay cut.

    Reply | Report abusive comment
  • cee ripOctober 02, 2013 - 12:11 am

    We're tough on crime, why not be tough on ignorant, overpaid public officials with exorbitant salaries?

    Reply | Report abusive comment
  • Roy WarbisOctober 02, 2013 - 6:35 am

    The last DA was a DO NOTHING guy & I thought we had voted in a DO SOMETHING guy this election. Wrong. I wonder why we can't get a DA in this county who actually can do his job?

    Reply | Report abusive comment
  • FF64October 02, 2013 - 10:01 am

    Broken Record time. WE allowed Mr. Du Bain to BUY the DA election. His family has deep pockets. He dropped $100k into his campaign fund and scared away the competition. He obviously has his eyes on higher office and doesn't make a decision without asking his political advisor. I personally have issues with his failure to seek the death penalty for Ricardo De Leon. If DeLeon didn't deserve it, no one does. With that said, this was a failure in the DA's Office before Du Bain's election. Unfortunately two of the best prosecutors in the DA's Office have become judges in recent years and other top officials (The one's who messed up) have retired. Learning experience for the current DA admin. We still need to find someone to run against Du Bain who can actually do the job!

    Reply | Report abusive comment
  • S KOctober 02, 2013 - 6:42 am

    Well y'all know what do do come election time, pull a Trump, "YOU'RE FIRED!!!"

    Reply | Report abusive comment
  • CD BrooksOctober 02, 2013 - 7:01 am

    Wow, ♪ same song and dance ♫ from this office. This story certainly isn't going to help. Le's hope dude somehow "rolled over" and bought his way outta there! ٩(͡๏̯͡๏)۶

    Reply | Report abusive comment
  • Rich GiddensOctober 02, 2013 - 7:07 am

    Many thanks to stellar Daily Republic Reporter Jess Sullivan. Investigating and researching the facts in this case was not easy and it costs the Daily Republic TIME and MONEY to accomplish this. Mr. Sullivan has to spend considerable effort to gain access to public documents and interview the principals along with percipient witnesses to discover the facts in these cases. Its not easy to do but Jess makes it look easy. We need more articles like this from Jess Sullivan---The voting public needs to be informed of Government incompetence, misfeasence and malfeasence because its our tax dollars that are being wasted and our security that's clearly been endangered.

    Reply | Report abusive comment
  • Juan MendotaOctober 02, 2013 - 7:29 am

    Perhaps the only consolation here is, that more than likely Solis will do life in prison on the installment plan. Whuttup, Mr. D?

    Reply | Report abusive comment
  • cee ripOctober 02, 2013 - 10:31 am

    Another thing that kills me is when he said "“This is not an area of law commonly known among our rank-and-file prosecutors,” Du Bain said Tuesday." Really??? Inmates in prisons and jails send hand written petitions for writs of habeas corpus to the Solano Superior courts on a daily basis. Typically a judge's clerk is the one who opens the letter. And in any case, any prosecutor, who has about 11 years of education, would know that an open letter to the court, much less a petition for concurrent time served, would be something that would have to be entered into public record. Now my curiosity is piqued, going to check online and see if we can find anything else.

    Reply | Report abusive comment
  • Impartial OneOctober 02, 2013 - 11:14 am

    I don't know this DA, his employees, or otherwise have no bias one way or the other. However, isn't the fair thing to do before blasting someone for an oversight made by one the Department's employees is to first determine if there is a pattern or practice that suggests a real problem with the Department? In all occupations, employees will occasionally make an error, and a Manager or one overseeing a large Department will certainly have occasional instances of an employee performing in a substandard fashion. The fair thing to do would be to first have an investigation of the DA's office to determine if there's a real problem there or whether this very unfortunate situation with Solis is simply an isolated or rare occurrence.

    Reply | Report abusive comment
  • cee ripOctober 02, 2013 - 11:43 am

    @Impartial. Do you read this online publication on a regular basis? The last month has at least two stories of the DA's office screwing up and prosecuting for lack of a better term "wobblers" Go look back at how many cases this office has bungled in the last 6 months and you will see why we are irate. Do you realize that last week there was a mistrial called on a murder case because the prosecutor uttered words in open court? Please check YOUR facts before you take up sides.

    Reply | Report abusive comment
  • Laura KellyOctober 02, 2013 - 8:20 pm

    Once again the DA is letting gangs and other thugs know this is a good place for crime. We need our streets cleaned up and also the DA's office.

    Reply | Report abusive comment
  • R.solisOctober 30, 2013 - 12:17 am

    First and foremost. It is about time that an individual such as MR.SOLIS get's not a freebie but justice. From all the wrong unjust and cruel Racist profile and that we as people have Endured in the world past from the Racist system that designed to oppress Minority.How many times have the system have wrongfully tried or Convicted an individual based on a Bias system.This one is for all those who took the time to read the Law. Can't stop! Won't stop!

    Reply | Report abusive comment
.

Solano News

 
Veterans ready to serve Thanksgiving dinner

By Ian Thompson | From Page: A1 | Gallery

Middle Green Valley plan moves forward

By Amy Maginnis-Honey | From Page: A1, 7 Comments

 
New focus on achievement gap of black males

By Mayrene Bates | From Page: A2

 
Vacaville art gallery schedules open house

By Amy Maginnis-Honey | From Page: A3

What’s the matter with Kansas Street?

By Ryan McCarthy | From Page: A3, 15 Comments | Gallery

 
Sandbags available in advance of storms

By Ryan McCarthy | From Page: A3 | Gallery

Governments shut doors for holiday

By Glen Faison | From Page: A4

 
Fairfield police log: Nov. 25, 2014

By Susan Hiland | From Page: A12

 
Suisun police log: Nov. 25, 2014

By Susan Hiland | From Page: A12

Weather for Nov. 27, 2014

By Daily Republic | From Page: B12

 
.

US / World

Passengers in Russia’s Arctic give airliner a push

By The Associated Press | From Page: A2

 
Armored vehicle nixed by Davis ends up in Woodland

By The Associated Press | From Page: A3

Court: No warrant needed to draw parolees’ blood

By Staff and wire reports | From Page: A3

 
Obama administration sets stricter smog standard

By The Associated Press | From Page: A4

Obama gets the bill for White House Thanksgiving

By The Associated Press | From Page: A4

 
Heart stent for Supreme Court Justice Ginsburg, 81

By The Associated Press | From Page: A4

Snow makes Thanksgiving travel ‘a little hairy’

By The Associated Press | From Page: A4

 
Union focuses on security guards at Apple

By The Associated Press | From Page: A4

Homeless man beaten to death in San Francisco

By The Associated Press | From Page: A4

 
Canada police arrest ex-radio host in sex case

By The Associated Press | From Page: A5

Impoverished Lebanese city is target for IS group

By The Associated Press | From Page: A5

 
Spy balloons give police new view of Jerusalem

By The Associated Press | From Page: A5

American among hostages targeted in Yemen raid

By The Associated Press | From Page: A5

 
Sierra Leone official: Ebola may have reached peak

By The Associated Press | From Page: A5

Hong Kong police arrest key protesters, clear site

By The Associated Press | From Page: A5

 
Prosecutor faces new criticism over Ferguson case

By The Associated Press | From Page: A12

Grand jury documents rife with inconsistencies

By The Associated Press | From Page: A12, 2 Comments

 
Small crowd protests in Oakland for third night

By The Associated Press | From Page: A12, 1 Comment

Ferguson residents clean up, hope for calm night

By The Associated Press | From Page: A12, 1 Comment

 
.

Living

Today in History: Nov. 27, 2014

By The Associated Press | From Page: A2, 1 Comment

 
Community Calendar: Nov. 27, 2014

By Susan Hiland | From Page: A2

Horoscope for Nov. 27, 2014

By Holiday Mathis | From Page: A9

 
Nursing homes full of opportunities for giving

By Kathy Mitchell and Marcy Sugar | From Page: A9

.

Entertainment

TVGrid

By Daily Republic Syndicated Content | From Page: B5

 
Tom Hanks, wife to host Christmas tree lighting

By The Associated Press | From Page: A13

With shake-ups, AC/DC perseveres with album, tour

By The Associated Press | From Page: A13

 
875 hours of holiday programming on TV last year

By The Associated Press | From Page: A13

Missing model-restaurateur B. Smith found in NYC

By The Associated Press | From Page: A13

 
Garth Brooks cites Ferguson for cancellation

By The Associated Press | From Page: A13

University in Tennessee cancels Cosby appearance

By The Associated Press | From Page: A13, 1 Comment

 
.

Sports

Seahawks, 49ers meet for 1st time this season

By The Associated Press | From Page: B1

 
Panda heads put away with Sandoval’s departure

By The Associated Press | From Page: B1 | Gallery

All City football: Vikings sweep top honors

By Paul Farmer | From Page: B1 | Gallery

 
San Francisco’s bid for 2024 Olympics taking shape

By The Associated Press | From Page: B2 | Gallery

NFL might not flex any Sunday night games in 2014

By The Associated Press | From Page: B2

 
RG3 benched: Redskins to start Colt McCoy vs. Indy

By The Associated Press | From Page: B3

Raiders’ Woodson expects to play in 2015

By The Associated Press | From Page: B3

 
Curry, 3s too much for Magic; Warriors win 111-96

By The Associated Press | From Page: B3 | Gallery

Sharks sign emergency backup goalie

By The Associated Press | From Page: B3

 
Spurs’ Popovich undergoes medical procedure

By The Associated Press | From Page: B3

AP source: Tomas in process of deal with D’backs

By The Associated Press | From Page: B3

 
Harden leads Rockets past Kings 102-89

By The Associated Press | From Page: B3

Smith to start at QB for Jets vs. Dolphins on MNF

By The Associated Press | From Page: B3

 
Butler knocks off No. 5 North Carolina, 74-66

By The Associated Press | From Page: B3

Atletico Madrid, Arsenal reach knockout phase

By The Associated Press | From Page: B12

 
.

Business

FBI data show thousands of gun sales beat checks

By The Associated Press | From Page: B5

 
US new home sales up 0.7 percent in October

By The Associated Press | From Page: B5

US agency threatens to act against air bag maker

By The Associated Press | From Page: B5

 
Twitter now tracks other apps you’ve installed

By The Associated Press | From Page: B5

Health insurance sign-ups coming to shopping malls

By The Associated Press | From Page: B5

 
.

Obituaries

Adrian Looy

By Nancy Green | From Page: A4

 
Dora Maria Aranda

By Susan Hiland | From Page: A4

.

Comics

Blondie

By Daily Republic Syndicated Content | From Page: A8

 
Wizard of Id

By Daily Republic Syndicated Content | From Page: A8

B.C.

By Daily Republic Syndicated Content | From Page: A8

 
Frank and Ernest

By Daily Republic Syndicated Content | From Page: A8

Dilbert

By Daily Republic Syndicated Content | From Page: A8

 
For Better or Worse

By Daily Republic Syndicated Content | From Page: A8

Peanuts

By Daily Republic Syndicated Content | From Page: A8

 
Zits

By Daily Republic Syndicated Content | From Page: A8

Pickles

By Daily Republic Syndicated Content | From Page: A8

 
Baby Blues

By Daily Republic Syndicated Content | From Page: A8

Sally Forth

By Daily Republic Syndicated Content | From Page: A8

 
Baldo

By Daily Republic Syndicated Content | From Page: A8

Get Fuzzy

By Daily Republic Syndicated Content | From Page: A8

 
Garfield

By Daily Republic Syndicated Content | From Page: A8

Rose is Rose

By Daily Republic Syndicated Content | From Page: A8

 
Beetle Bailey

By Daily Republic Syndicated Content | From Page: A8

Bridge

By Daily Republic Syndicated Content | From Page: A9

 
Cryptoquote

By Daily Republic Syndicated Content | From Page: A9

Word Sleuth

By Daily Republic Syndicated Content | From Page: A9

 
Sudoku

By Daily Republic Syndicated Content | From Page: A9

Crossword

By Daily Republic Syndicated Content | From Page: A9

 
.

Holiday Gift Guide 2014

Why millennials prefer electronic gift cards

By The Washington Post | From Page: HGG2

How to give holiday gift cards

By Metro Creative Graphics | From Page: HGG2

How to establish gift spending limits

By Metro Creative Graphics | From Page: HGG3

Teen gifts: ideas for hard-to-buy-for big kids

By The Associated Press | From Page: HGG3

Novice crafter? There’s a project for that!

By The Associated Press | From Page: HGG6

Gift ideas for the special seniors in your life

By Metro Creative Graphics | From Page: HGG6

Time and money-saving holiday gift ideas

By Statepoint Media | From Page: HGG7

Oy vey, holidays! Does Hanukkah wannabe Christmas?

By The Associated Press | From Page: HGG7

How to save on high-tech gifts

By Metro Creative Graphics | From Page: HGG10

Shop top finalists for the CFDA/Vogue Fashion Fund

By The Associated Press | From Page: HGG11

Sharing music: a personal gift made easy by tech

By The Associated Press | From Page: HGG12

Great gifts for music lovers

By Metro Creative Graphics | From Page: HGG13

Kitchen gift-giving made easy with personality profiles

By Metro Creative Graphics | From Page: HGG14

Great gifts for the family foodie

By Metro Creative Graphics | From Page: HGG14

Holiday shows abound in Solano County

By Amy Maginnis-Honey | From Page: HGG17

Great gifts for people who love to read

By Metro Creative Graphics | From Page: HGG19

An oft-elusive yet gifty treat: coffee table books

By The Associated Press | From Page: HGG19

Eco-friendly gift ideas for ‘green’ giving

By Metro Creative Graphics | From Page: HGG22

Things to consider before buying this holiday season

By Metro Creative Graphics | From Page: HGG22

Steps to take before giving pets as gifts

By Metro Creative Graphics | From Page: HGG22

2014 holiday toy predictions

By Metro Creative Graphics | From Page: HGG22

Trend-setting gifts for the women on your holiday shopping list

By Brandpoint Content | From Page: HGG23

Gifts to keep kids engaged

By Metro Creative Graphics | From Page: HGG25

Gift wrap tricks to save time

By Metro Creative Graphics | From Page: HGG26

Save time and energy with a family gift this holiday season

By Brandpoint Content | From Page: HGG27

Right at Home: gifts you can use – and use up

By The Associated Press | From Page: HGG30

How to send gifts to faraway friends and family

By Metro Creative Graphics | From Page: HGG30

Gift exchange dos and don’ts

By Metro Creative Graphics | From Page: HGG30