FRESNO, Calif. (KFSN) -- The suspect in a violent crime is out of jail because of overcrowding and putting fear into the disabled man he's accused of attacking.
The suspect is Grady Riley, and he's now living in a homeless camp less than a quarter mile from an elementary school.
Riley was charged with assault with a deadly weapon in July. But as Action News first reported that same month, the Fresno County sheriff's office is letting some violent criminals back on the streets.
Down an alley behind his former apartment complex in southeast Fresno, Peter McKay says he tried to stop a burglary and ended up the victim of a violent crime.
"He hit me in the back with a 6-foot-long 2x4 causing some injury to my kidney, some pain in my back," McKay said.
These bruises are the result of the attack on McKay, who is partially disabled because of a heart condition.
Police arrested Grady Riley for the attack, but while McKay recovered from his injuries, Riley was released from jail for overcrowding -- not once, but twice, despite charges of assault with a deadly weapon.
"The county jail can't keep him in the jail and this is what, they're saying they're not turning out violent offenders, but this guy's about as violent an offender as you can get," McKay said.
McKay still fears for his safety -- so much so that he moved, but days after his attacker got out of jail the last time, McKay had to face his fears head on.
"Actually, 9/11 I saw him in the morning, him and his girlfriend -- the one who assaulted me -- just walking the streets having a good time and as I drove by them -- they know me, they know my car -- gave me the finger and continued on going," he said.
Riley isn't the only violent suspect getting out of jail. Action News was there in July when Reedley police re-arrested Erven Aguayo, who was also charged with assault with a deadly weapon. Aguayo is now serving a seven-year prison sentence.
But Riley is still free. In fact, he's now living in this homeless camp -- an assault suspect living less than 200 yards from Fancher Creek Elementary School.
Clovis Unified is aware of the homeless camp and they're working with police to keep the kids safe.
The Fresno County sheriff's office says suspects like Riley are less likely to get out of jail for overcrowding starting next month, when they open one more floor at the jail.
fresno county sheriff department, crimetracker, local, corin hoggard
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