Officials question release of man accused of being in a shootout with Tucson police

A man accused of being in a shootout with a police sergeant was released without bond Monday, sparking outrage from the Tucson Police chief.

Tucson City Court Judge Rosemary G. Panuco released Zachary Oscar Lee on pretrial release with no bond over the prosecutor’s request. Lee, 26, was arrested on charges of aggravated assault with a deadly weapon and discharging a firearm within city limits.

According to the Pima County Superior Court’s website, within 24 hours of an arrest, the defendant must be taken before a magistrate, a city court judge or justice of the peace, to establish conditions of release, inform defendant of the charges and appoint counsel, if necessary. Depending on the severity of the crime, the magistrate will decide if the defendant should be held in jail, released after posting a cash bond or released on their own recognizance.

Lee's arrest stems from an incident on Aug. 20. Plain clothes Tucson Police officers were in the area of 29th Street and Swan Road working in unmarked cars when Lee approached Sgt. Lorence Jove, who was sitting in his car.

After a brief interaction between the two, Lee pulled out a semiautomatic handgun and fired multiple rounds, prompting Jove to shoot back, according to court documents. He then ran across 29th Street to nearby apartments where he was found and arrested.

Lee was taken to a local hospital with a gunshot wound to the arm, a non-life-threatening injury. Jove was not hurt in the incident.

Tucson Police Chief Chris Magnus described Lee's release without bond as “beyond frustrating” in a tweet Wednesday morning.

Mike Storie, who represents the Tucson Police Officer’s Association, agreed with Magnus.

“This is insanity,” Storie said. “I’ve never seen anything like it. Now we’ve released that guy with literally zero supervision and released the sergeant’s name.”

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Lee’s release comes the same week the Pima County Attorney’s Office unveiled a set of principles that will lead away from cash bail.

According to a press release from the Pima County Attorney’s Office, if an arrestee poses an ongoing threat to the community, they should be held. If the arrestee does not pose an ongoing threat, prosecutors will recommend release from custody and articulate the conditions of release that will assist the person in returning for their next court date.

When asked for a comment, the Tucson City Court, the Superior Court and the Pima County Attorney’s Office all said they do not comment on pending cases.

However, Joe Watson, the communications director for the county attorney’s office, said County Attorney Laura Conover shares the same concerns as other local leaders and they must keep people who have demonstrated an immediate risk to the community detained until they no longer pose a threat.

Lee’s next court date is scheduled for Sept. 13.

“I think it’s a very sad day when a person who tries to murder a police officer unprovoked is released in this manner,” Storie said.

According to an interim complaint filed with Pima County Justice Court, Lee said he did not know that the person he shot at was a police officer and that he was "just trying to blank" on his car. 

The conditions of his release, according to court records, include no alcohol or illegal drugs, no guns or weapons, drug monitoring, no contact with the victim, and he cannot return to the incident location.