Tucson, Arizona (KOLD News 13) – 13 News Investigators have found a breakdown in the domestic violence system that may be jeopardizing the safety of some victims.

The flaws discovered have caught the attention of key players within the system and are currently undergoing changes.

13 News Investigates has been digging deep into the strangulation case for months, delving into the layers of Gracie McDonough’s case.

Her ex-boyfriend and the father of her child, Angel Carmona Rodriquez, recently pleaded guilty to strangling her.

But even though he confessed to the crime, a judge released him without bail hours after his arrest.

Men and women accused of felonies and misdemeanors line up before a magistrate for their first court appearance.

It is now done remotely by law, within 24 hours of arrest.

The judge’s decision on whether to release them or keep them is made in a matter of minutes.

Chief Justice Tony Riojas explains that judges want to hear the victim’s opinion. And when victims say they are concerned about their safety if the defendant is released, Riojas said that was a “big factor” in his decision.

As with the first appearance this December, the victim called about a man accused of three counts of domestic violence. The victim said the defendant broke down the front door, chased him into his son’s room, and pushed him against the wall.

The judge decided to set restraint rather than release him on his own accord.

But in the case of Gracie McDonagh, her mother, Sharon, said she never got a chance to speak to the judge.

Deputies arrested Angel Carmona Rodriguez eight days after the strangulation, and hours later a judge released him under the supervision of pretrial services.

Sharon McDonough said she didn’t know her first appearance was scheduled.

“She would have sent the message that he needed to go to jail for me to feel safe. So that opportunity was taken away,” she said.

Riojas said it was important information because a pretrial service report to the first court judge showed that Gracie McDonough said she did not oppose his release.

The point pointed out by the judges when Rodriguez first appeared.

A statement made at the time of the first appearance reads, “The victim has not contested his release from custody.”

Sharon McDonough claims it’s not true and her daughter never said such things.

Pretrial Services will not confirm that you have spoken to Gracie McDonough due to privileged information.

Rodriguez’s attorney, Clayton Kam, also saw the report and believed McDonough said so.

But if Kamm’s office relies on information from Pretrial Services, can he fully trust it? Kamm said he wasn’t sure.

Kam and Riojas say that hearing directly from the victim is critical in the process of ensuring the rights of the victim, not just the suspect. The constitution requires these victims to be contacted by the court, Kam said.

So who should have contacted McDonough about Rogrigueth’s arrest and given her a chance to appear before a judge?

There seems to be chaos in Pima County.

The Sheriff’s Department told 13 News Investigates that “pretrial services are responsible for providing information to victims.”

The head of pretrial services replied, “County attorneys are responsible for notifying victims.”

The county attorney’s office said that was not correct because “law enforcement under investigation would be held accountable.”

In Rodriguez’s case, the investigating law enforcement agency is the Pima County Sheriff’s Department.

So 13 news researchers returned to the department to discuss the confusion.

Sergeant Derek Welch oversees the Domestic Violence Division. He said the pretrial service is responsible for updating victims in criminal cases.

According to state law, “law enforcement shall notify the victim of the arrest and of the time, place, and date of the first appearance.”

Welch, however, insisted that it be done by the Pretrial Service before the first appearance.

“I think what is misunderstood is the fact that we need to know the exact date and time of the first appearance in order to notify the victim,” Welch said.

He says here that he is awaiting information to inform the victim of the first appearance, but 13 News Investigates said McDonough never received a call about the first appearance and had no opportunity to speak with a judge. I told him he didn’t.

Welch reiterated that it was not the department’s fault.

“Regarding pretrial service notices, I don’t know if they’ve tried to contact Gracie. In that regard, they’re not going to release their records to me,” he said. .

So what about the Tucson police?

13 News Investigates asked the agency the same question: Who is responsible for notifying victims of arrests?

TPD replied that it was a law enforcement agency.

Welch told 13 News Investigates that the process is currently being reviewed within the Pima County Sheriff’s Department.

“I can understand that there are problems and there will likely be some kind of policy change,” he said.

Sheriff Chris Nanos said he is implementing new procedures and policy changes after looking at Arizona law.

“Thanks for alerting me to an issue that existed. Did I miss this one? Yes we did. Will you fix it? Of course we will,” Nanos told 13 News.

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