PHOENIX — The suspect who allegedly attempted to flee from Phoenix police, resulting in him getting shot and hit with a patrol car, has been released from custody due to an apparent error made when he was booked into jail.
David Epaloose, 38, was arrested on Jan. 23 after he was discharged from the hospital for injuries sustained during the police incident on Jan. 12 near 14th Street and McDowell Road.
When the suspect appeared before a judge on Jan. 24, he was released because the judge took issue with the amount of time it took for police officers to book the 38-year-old after he was released from the hospital.
According to information discussed during the Jan. 24 hearing, police officers apparently took several hours to interview Epaloose before bringing him to the jail, where he would have had an initial appearance before a judge.
That choice to delay the suspect's booking process ultimately convinced the judge to release him and to take no further action at this time on the case.
A suspect has a right to appear before a judge within 24 hours of their arrest. Epaloose's situation appears to have been complicated by the amount of time spent in the hospital and then the subsequent interview with police.
Phoenix police said detectives were able to re-arrest Epaloose after his release and booked him back into jail.
Epaloose's charges stem from a domestic violence call at an apartment complex involving a man allegedly trying to gain entry into a unit. The man had fled before officers arrived.
Epaloose was believed to be the same man wanted for the domestic violence incident and officers attempted to make contact with him.
Police said Epaloose allegedly did not comply with their demands and pointed an object that looked like a firearm at multiple officers. The object turned out to be a pellet gun and Epaloose ended up not being the same man police were initially looking for.
Epaloose was facing charges of aggravated assault and resisting arrest. It's not clear where his case stands now that he's been released.
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