FRESNO - Last week the Fresno County District Attorney’s Office received notice of the first Fresno Prop. 57 “Nonviolent Parole Review Decision” to release a dangerous criminal.
Danny Ray Lucero was convicted by a jury in 2013 of two counts of Assault with a Deadly Weapon, with enhancements for the personal use of a knife. He was also found to have a “Strike” prior conviction and was sentenced to 11 years in state prison.
On November 11, 2011, Mr. Lucero charged and tried to stab two separate victims. Both victims were able to flee to the safety of their vehicles just before Mr. Lucero struck their separate vehicle windows. When arrested by the Fresno Police Department, Mr. Lucero was carrying a 10‐inch hunting knife. Mr. Lucero had prior felony convictions for Residential Burglary and Burglary.
In the decision to grant release, the Board of Parole Hearings stated that the two charges for Assault with a Deadly Weapon were “…given less weight as there were no physical injuries to the victims…” The Board found that Mr. Lucero “did not pose an unreasonable risk of violence” in granting this early release.
Under the terms of regulations adopted by the Dept. of Corrections & Rehabilitation (CDCR), only the inmate has the right to appeal an early release decision. The District Attorney’s Office cannot appeal. Victims are only notified if they have registered with CDCR.
District Attorney Lisa Smittcamp joined other elected District Attorneys and law enforcemnt officals around the state in strongly campaigning against Prop. 547. There voters of Fresno County were against this Proposition.
