FREED SUSPECT NOW WANTED IN KILLING.

Byline: Jason Kandel Staff Writer

A carjacking suspect released from jail in a Memorial Day dispute between the District Attorney's Office and the courts is suspected of killing a 22-year-old man a month later, police said Thursday.

A warrant has been issued for the arrest of Jerrell Patrick, 23, an admitted member of the Rolling 60s gang, in the June 26 shooting death of Lawrence Andrew Middleton during a confrontation near West 43rd Street and Crenshaw Boulevard, police said. They believe Patrick might have fled to another state.

He was among about 30 felony suspects who were released May 28 when three Los Angeles Superior Court judges refused to extend their workday so the defendants could be arraigned.

``If he was not released and was kept in custody when he was supposed to have been, my grandson's life would have been spared,'' said Shirley Boucher, 61, Middleton's grandmother, who took care of him after his mother died in a fire nearly nine years ago.

``If we had a better criminal justice system, criminals wouldn't be walking around killing day after day ... It's very, very sad.''

Patrick and the other suspects were caught up in a crush of court business after the three-day Memorial Day holiday. The judges insisted they could not authorize overtime to keep the courts open long enough to arraign 61 felony suspects, and they adjourned as usual at 4:30 p.m.

Prosecutors worked until 10 p.m. that day, trying to find other grounds on which to hold the defendants. Ultimately, about 30 defendants were released and told to return the next day, although Patrick and most others didn't. About 18 of the suspects are still at large.

The Association of Deputy District Attorneys subsequently filed a complaint with the state Commission on Judicial Performance against the three elected judges: Dan T. Oki, supervisor of the criminal court; David S. Wesley, assistant criminal court supervisor; and Carol H. Rehm, who oversees the former Municipal Court. That complaint is pending.

The District Attorney's Office declined comment on the Patrick case.

But Deputy District Attorney Steven J. Ipsen, president of the deputy district attorneys association, said he was not surprised that Patrick is wanted on another felony charge.

``When you have a Rolling 60s gang member arrested for carjacking- with-gun in custody, this is the kind of response you get,'' he said. ``That's why no judge has released this kind of person back into society.

``We're dealing in a system of accountability,'' Ipsen said. ``While every prosecutor, officer and member of the public should be outraged at this judicial behavior, the primary concern should be reapprehending Jerrell Patrick before anyone else get killed.''

Superior Court spokesman Allan Parachini said officials are reviewing the Patrick matter.

``We take this very seriously,'' he said. ``At the moment we have very little and very sketchy information about this incident. We want to find out a great deal more.''

LAPD Deputy Chief Earl Paysinger, who oversees the South Bureau where Middleton was killed, avoided placing blame.

``It's always difficult when these situations do occur,'' he said. ``Know that it does not affect in any way our relationship with any of our partners in the criminal justice system. Our obligation is to the public to locate this outstanding suspect and take him into custody without incident.''

That could be difficult, however. Although an arrest warrant has been issued for Patrick, police believe he might have fled to Oregon, Florida, Arizona or Nevada.

Sterling Norris, the head of the Judicial Monitoring Project for Judicial Watch in Washington, D.C., decried the situation that resulted in Patrick being released.

``Unfortunately, it appears that the worst thing that could have happened happened,'' he said.

Jason Kandel, [phone]

jason.kandel(at)dailynews.com

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2 photos

Photo:

(1 -- 2 -- color) Jerrell Patrick, above, is being sought in the killing of Lawrence Middleton, in photo being held, right, by his grandmother, Shirley Boucher.

John Lazar/Staff Photographer