ALBUQUERQUE, N.M. (KRQE) – The Bernalillo County District Attorney is frustrated after suspects who are supposed to be on ankle monitors are ending up back on the streets without one. Jawid Yaqubi is accused of pulling a gun on his sister and firing a shot right over his mother’s head at their Albuquerque home. He was charged with aggravated assault with a deadly weapon and the DA’s office fought to keep him until trial.

A judge however elected to release him. “The judge decided to release him over our objections. But he also said that he would place him on a GPS monitor and keep him in custody until that monitor became available,” said Raúl Torrez, Bernalillo County District Attorney.

Yaqubi was released from jail, put on a bus from the Metropolitan Detention Center to downtown, and was supposed to report to pretrial services for his ankle monitor but officials say that didn’t happen. “He just walked away, and not surprisingly ended up right back at the home with his mother and his sister,” said Torrez.

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His mother and sister called 911 saying Yaqubi was there and looking for his guns that had been taken away after the initial case. “It doesn’t surprise us that he would go back to the home. And frankly, it doesn’t surprise me that that his primary interest was in was in getting access to those weapons,” said Torrez.

Torrez says this case highlights just how inadequate GPS monitors can be as an alternative to pretrial detention. He says if a judge is going to release a suspect, there should be better communication between jail personnel and pretrial services.

Torrez says there is often a waiting list for GPS monitors which he says wouldn’t happen if they were able to detain more people. He also says there needs to be a closer look at the system to make sure everything is being done to keep the community safe. “The criminal justice system doesn’t really work well on the honor system. That’s by the nature of who we are dealing with. That’s why common sense should be the order of the day. That’s why the ankle monitor should be placed on this individual before they’re ever put on a bus and released back into the community,” said Torrez.

Yaqubi does not have any prior criminal history. A hearing is set for next week, again in front of Judge Stan Whitaker for an emergency motion to revoke his conditions of release.

Yaqubi isn’t the only person this month Judge Whitaker has released on a GPS monitor who has broken the rules. Earlier this month, Ralph Vasquez was supposed to turn himself in to start a 9-year prison sentence but he cut off his ankle monitor and is now on the run.