PHILADELPHIA (KYW Newsradio) -- Former prosecutors and criminal defense attorneys say the Philadelphia District Attorney's Office should have fought to keep behind bars the man accused of shooting and killing 25-year-old Milan Loncar. District Attorney Larry Krasner points the finger at the probation department and the judges.
Josephus Davis had two prior robbery convictions, served prison time and was on probation for two years, when he was again arrested for allegedly carjacking an Uber driver at gun point. While in jail, he was additionally charged with assaulting a prison guard, violating his probation.
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Davis, suspected of killing Loncar in Brewerytown while he was walking his dog, posted bail just weeks before the shooting.
Criminal defense attorneys Bill Brennan and Tom Burke says prosecutors should have called Philadelphia's Probation and Parole Department to advocate for a detainer, which is basically a mark on a defendant’s court record to keep them in jail.
"It’s a very common practice, especially where there is serious crime," Brennan said.
"The district attorneys don’t control the lodging of a detainer, but they certainly can call the probation department and advocate for it," said Burke.
"I don’t know how a guy like this slips through the cracks. And even if he did, ... the DA's had these files on their desk, in their hands. All they had to do was punch up on the screen and see if a detainer was lodged. That’s all they had to do."
Burke and defense attorney Michael Diamondstein are former Philly prosecutors.
"This bail could have been $1," Diamondstein said. "If the back judge knew if he picked up a robbery or another case, the back judge is never going to let him out."
Asked about this, Krasner was terse.
"You know how -- that’s not how this works, right? I mean, ... I understand that probation and parole would like to say it’s someone else’s fault when they don’t do their job, but the bottom line ... is it’s their job to do detainers."
Krasner would not answer a question about whether his office called the probation department. Instead he pointed to the probation officers for not lodging the detainer.
"We do not do their job," Krasner said. "And I would also point out that probation and parole has had no meetings in its offices, and no home visits, since March."
He also points to the judges for lowering bail in both cases. Prosecutors objected to the decreases, but according to court records, they never appealed.
But Brennan questions why the district attorney never appealed.
"This guy has a record of violent crime as long as his arm, and no appeals filed? That leaves me scratching my head," Brennan said.
City judges cannot comment on cases, and the Probation and Parole Department says they are "conducting a comprehensive review to determine whether all appropriate protocols were followed."