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Clerical error leads to murder suspect being released from jail without posting bail

A clerical error led to Sergio Coello-Perez, 17, charged with first degree murder, being released Thursday without having to post bail.

A murder suspect is back in jail today after he was released without posting bail Thursday.

A clerical error led to Sergio Coello-Perez, 17, being released Thursday without having to post bail. 

Even though Perez is charged with killing a man on Elm Forest Drive earlier this year, Mecklenburg County jail records show he was released on that charge yesterday after he was allowed to just sign a written promise to appear at his next court hearing in January.

"I think it's ridiculous that somebody took somebody's life allegedly and then walks out of jail on their own recognizance," bail bondsman Chad Lewis said.

Lewis said in his 15-year career as a bail bondsman, he's never seen anything like this.

"I don't think it's fair to the victim, I don't think it's fair to the victim's family, I don't think it's fair to the justice system," he said.

Court records show at one point in May the teen was not authorized for release, but just days later Judge Fritz Mercer reversed that decision. 

The teen also once had an Immigration and Customs Enforcement hold on him that's since been released.

Bail bondsmen Jason Cunningham believes the teen's release is the product of the new sheriff's recent decision to end 287(g). 

The federal program previously allowed ICE to find out about possible illegal immigrants jailed in Mecklenburg County.

"I think it's insane, someone charged with first-degree murder walks out of jail with a written promise," Cunningham said.

Cunningham said the jail told him the ICE hold was lifted when the new sheriff arrived.

"When the new sheriff signed the new policy to release the immigration, his immigration hold got released," Cunningham said.

The Mecklenburg County Sheriff's Office wouldn't go into detail about the man's ICE hold, release or re-arrest. 

However, a spokesperson did confirm his ICE hold was lifted, he was released yesterday and is back in custody today, adding the agency follows orders of the court.

While the teen didn't have to post bail on the murder charge, records show he did have to post a $5,000 bail for a charge related to larceny of a motor vehicle.

Court records show Judge Mercer “made no modifications to the conditions of the defendant’s bond other than adding house arrest…a previously  unknown clerical error was made on May 21, 2018 that modified the conditions of the defendant’s bond from ‘Not Authorized’ to ‘Authorized with a Written Promise to Appear.’”

A court order filed today reveals the state learned of the teen’s release last night.

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