Fact check: Did Gavin Newsom’s parole board release Sacramento suspect early?

California politicians of both parties are finger-pointing in the aftermath of a downtown Sacramento gang shootout that left six people dead.

Democrats want to see more action on gun restrictions, and Republicans want to see the state take a harder stance on criminal justice issues.

The California Republican Party went into attack mode following reporting from The Sacramento Bee that one of the three suspects arrested after the shooting had been released from prison in February after receiving a 10-year sentence for domestic violence and assault in 2018. It said Newsom and his parole board appointees were to blame, which is false, and that Democrats are trying to “score political points” by “blaming the gun and not the criminal.”

Claim: Gov. Gavin Newsom and his state parole board appointees are to blame for the early release of Smiley Martin, 27, who was released to Sacramento County probation in February 2022, after serving about four years of his prison sentence.

“We wonder if Newsom will now condemn his appointees who have blood on their hands, as do those who voted for and promoted policies that resulted in this nationally reported act of senseless violence,” the California Republican Party said in a news release.

Rating: False

Details: The state’s parole board in 2021 denied parole for Martin, who received the decade-long sentence for assaulting his girlfriend.

Martin, who was sentenced in 2018, was released from prison because of a combination of pre- and post-sentencing credits, according to the California Department of Corrections and Rehabilitation.

“Prior to reaching a CDCR facility, Martin had already received 508 days of pre-sentencing credits, and received a variety of additional post-sentencing credits,” wrote Dana Simas, a CDCR spokeswoman.

CDCR in 2021 altered the way it applies good conduct credits, increasing the rate for violent offenders from 20% to 33%, according to a Sacramento District Attorney’s Office news release.

Newsom last May called the change an “independent decision by CDCR” consistent with Proposition 57, which allowed CDCR to award credits earned for good behavior. The state has struggled to reduce its prison population as severe overcrowding led to federal intervention.

Voters approved Proposition 57 in 2016, at the urging of then-Gov. Jerry Brown. Opponents of the initiative had warned that it would authorize early release of violent criminals.

Sacramento County District Attorney Anne Marie Schubert and 43 other DAs sued in May 2021 over CDCR’s move to implement the changes as emergency regulations that didn’t require public input. Following the suit, CDCR opened a comment period, now open through April 13.

In addition, the “blood on their hands” statement ignores the fact that none of the suspects arrested have been directly charged with homicide in the gunfight.

Police arrested Martin on suspicion of being a prohibited person in possession of a firearm and possessing a machine gun, which police say was a gun that had been illegally modified to fire automatically.

His brother, Dandrae Martin, 26, faces charges of illegally possessing a handgun. Police said on Wednesday that Dandrae Martin fired a weapon in the shooting, but did not elaborate on his role.

Anyone wishing to submit comments on the proposed regulations can do so by emailing RPMB@cdcr.ca.gov and include the rule number: NCR 22-03, OAL Notice File No. Z2022-0215-10, Schubert’s office said in a news release issued March 30.

This story was originally published April 7, 2022 at 12:12 PM.