San Jose police updated reporters on Wednesday afternoon regarding this weekend's double fatal stabbing at the Grace Baptist Church in San Jose, where city officials are pointing to "multiple system failures."
The suspect has been identified by police as Fernando Jesus Lopez.
According to witnesses, Lopez appeared to be under the influence of methamphetamine Sunday when the incident happened, but officials are still awaiting a toxicology report.
Lopez was a homeless man and a frequent guest at the church, who also worked setting up the church as a shelter. He had been deported three times to Mexico.
San Jose Mayor Sam Liccardo said at Wednesday’s news conference that in June, Lopez was arrested on a domestic violence misdemeanor and was still on probation for a domestic violence felony conviction out of San Joaquin County.
Liccardo said that an ICE detainer was received by Santa Clara County.
"So he’s violating probation on a felony offense and he’s back in custody," Liccardo said. "Our District Attorney argued that he should remain in custody, and he was released without bail."
ICE was not notified, a policy both the Police Chief Eddie Garcia and the mayor disagree with for violent felons.
"I’m not arguing that the county should have held him for ICE, I’m simply arguing that we should have complied with the tenants of the Values Act, which would have enabled notification of ICE," Liccardo added.
Two people were killed in the stabbing, and three others are recovering in the hospital, including city employee and Grace Baptist Church volunteer Nguyen Pham. Chief Garcia said that the actions of Lopez "in no way reflect that of our diverse, beautiful immigrant community that we have in San Jose."
Nor, he said, does it reflect the city’s homeless community.