Man ordered released after 6 years stays jailed over traffic warrant

A Las Vegas man who was ordered released from jail Monday after being held more than six years without a conviction remains behind bars because of an outstanding traffic warrant.

But Warren McClinton, 48, may be freed by late Tuesday, as two judges granted what's known as an own recognizance release on citations that date as far back as 2005, his lawyer Ozzie Fumo said.

A day earlier, moments before picking a jury for McClinton's second trial on several sexual assault charges, prosecutors cut a deal with him on one count of second-degree kidnapping. They would agree to a maximum of 30 months of probation.

It was what's known in the legal world as a "fictitious plea." Before Monday, McClinton had never faced that charge.

McClinton took the deal under what's known as the Alford decision, which means he doesn't admit guilt, but acknowledges prosecutors have enough evidence to prove the charge. He expected to be released from the Clark County Detention Center for the first time since 2009.

Just last week, prosecutors had extended an offer for McClinton, 48, to plead guilty to attempted sexual assault, but that meant he would have to register as a sex offender and be monitored for the rest of his life. He refused.

When prosecutors finally agreed to drop the sex charge, they had to come up with a count that would not carry lifetime supervision and would allow for probation.

McClinton, along with his attorneys Fumo and Tom Pitaro, have steadfastly maintained McClinton's innocence.

But court records indicate that a $200 bench warrant was issued out of Las Vegas Justice Court in October 2010, while McClinton was in jail. He also had an outstanding ticket in Las Vegas Municipal Court.

The lawyers said they had not been made aware of the traffic warrants until Tuesday, and McClinton may have forgotten about them as his criminal charges were pending.

Late Tuesday afternoon, Las Vegas Justice of the Peace Janiece Marshall and Municipal Court Chief Judge Bert Brown set October hearings for the separate traffic violations. McClinton would not need to be present, and Fumo said he would ask to have the charges dismissed.

As recently as June, McClinton was acquitted of one count of sexual assault. Jurors deadlocked on several other charges.

In 2009 a judge threw out an indictment on several counts, including sexual assault, because prosecutors failed to introduce certain evidence to a grand jury. What they didn't reveal: DNA from two other men was found on bedsheets in the North Las Vegas home, where prosecutors said the crime happened.

The 14-year-old girl was the only person who initially testified before the grand jury. When prosecutors went to the same grand jury a second time, they called her, her mother and a detective to testify. McClinton also took the stand.

The panel, which also heard the DNA evidence, deliberated for 30 minutes and refused to indict him.

But prosecutors quickly presented new charges to a judge, who ruled there was enough evidence for a trial.

Lawyers had expected the second trial to last two weeks.

In the deal accepted Monday, prosecutors agreed to drop three counts of sexual assault with a minor younger than 16, three counts of open or gross lewdness, and one count of battery with intent to commit sexual assault in connection with allegations dating to August 2008. If convicted on those charges, McClinton could have faced life in prison.

He is expected to live with family in Chicago while he awaits a formal sentencing in January.

Contact David Ferrara at dferrara@reviewjournal.com or 702-380-1039. Find him on Twitter: @randompoker