By Richard Wingerden of the Law Offices of Richard Wingerden posted in Criminal Procedure.
On October 26, 2015, Hugo Ernesto Castro of San Jose went to the Santa Clara County Main Jail to turn himself in for killing his former girlfriend. He was turned away by a Sheriff’s deputy in the front lobby and sent back to the street.
According to a statement from Sheriff Laurie Smith, Castro walked into the lobby of the Main Jail and told a civilian staff member “about the location of a dead body.” The staff member in turn informed a correctional deputy. Sources familiar with the incident say the deputy told Castro a homicide in San Jose was not in the sheriff’s jurisdiction and directed him elsewhere.
To Mr. Castro’s credit, he followed the instructions of the deputy and traveled a couple of blocks to San Jose police headquarters, where he again tried to turn himself in. This time, he was interviewed by homicide detectives and arrested on suspicion of murder. He is expected to be formally charged at his arraignment today. Click to find out what typically happens at an arraignment.