Bus driver rearrested in sex assault case after court error frees him

On Tuesday, when police announced the arrest of a substitute school bus driver on charges of sexually assaulting a student, he was already out of custody.

That's because on Monday, due to a clerical error at the Las Vegas Justice Court, the driver was issued a bail that literally did not add up: $5,000 for six felony counts, which Ramiro Garcia was able to post later that day.

And for a day, he was free.

But after the Review-Journal reported that Garcia was out of custody, a judge issued an arrest warrant early Wednesday morning. Within hours, Metro officers arrested him again on the original charges.

"It's like, 'what the heck is going on here?'" Garcia's lawyer, Damian Sheets, said Wednesday.

Bail serves to ensure defendants show up for court. Judges decide whether to set bail, and how much, based on the charges and details of a case. On Monday, Justice of the Peace Eric Goodman intended to hold Garcia, 52, without bail on two of the charges and set bail at $5,000 on a third charge, said Dan Kulin, a Clark County spokesman.

That's when human error came into play.

"My understanding is that the $5,000 bail was the only bail that was entered into the system properly at that time, and that the other bail amounts were not entered properly," Kulin said. "As soon as that was realized, a bench warrant was issued and law enforcement arrested him."

Meanwhile, Sheets said, the driver just posted the bond in the amount he was given.

"(Garcia) wasn't even aware of any issues with his bail until officers showed up at his door to arrest him this morning," Sheets said Wednesday. "He wasn't trying to run because he was right at home."

The warrant Goodman issued early Wednesday was supposed to patch the mistake, but the warrant itself was not issued properly, Sheets said. Court records show Goodman issued the warrant at 7:17 a.m., ordering Garcia's rearrest because he had "failed to appear" for a 7:30 a.m. court hearing.

But Garcia was not scheduled to appear in court at all that morning — let alone 13 minutes early. On Monday, Goodman had ordered him to next appear in court on Feb. 8.

"My concern is that if it was a clerical error, then why would they write 'failure to appear'?" Sheets said. "If it was really a clerical error, then why not set a court date for us to come back into court and readdress bail instead of issuing a warrant for a ground that doesn't exist? And then signing that warrant?"

The judge's chambers could not be reached for comment Wednesday afternoon.

Sheets said he filed an emergency motion for Garcia to be let out on his originally posted bond. That motion will be addressed during a court hearing Tuesday morning.

Police have released few details of the accusations against Garcia, but said they want any parents who believe their children may be victims to call detectives at 702-828-3307. Clark County School District officials said Garcia, who was hired in 2011, filled in on bus routes in the northeast Las Vegas Valley when regular drivers were out. He has been suspended without pay.

"As far as the underlying case, it is important to note that my client is to be presumed innocent, and my client unequivocally maintains he has done nothing wrong," Sheets said.

Review-Journal reporter Colton Lochhead contributed to this story. Contact Rachel Crosby at rcrosby@reviewjournal.com or at 702-387-5290. Find her on Twitter: @rachelacrosby