A fierce legal clash has erupted in Las Vegas after the county sheriff refused to obey a judge's order to release a repeat offender with 35 arrests over public safety fears.
Las Vegas Metro Sheriff Kevin McMahill has defied instructions from Las Vegas Justice Court Judge Eric Goodman to return Joshua Sanchez-Lopez, 36, to the street.
Judge Goodman ordered Sanchez-Lopez released from jail into the police department's electronic monitoring program, which allows defendants to leave custody while wearing a GPS ankle bracelet.
But McMahill pointed to the felon's lengthy rap sheet and history of non-compliance as he flatly refused the order.
Sanchez-Lopez has a troubling past which includes almost three dozen arrests and prison time for drug and involuntary manslaughter charges.
'We have to take a look at that and say, "Is this somebody who our electronic supervision program can monitor safely in the community?"' said Mike Dickerson, assistant general counsel for the Las Vegas Metro Police Department (LVMPD). 'This is an issue of public safety.'
The confrontation is now headed for the Nevada Supreme Court as the Republican sheriff refuses to budge.
The clash began after Sanchez-Lopez was arrested in January on a charge of grand larceny of a motor vehicle.
Sheriff Kevin McMahill refused to release career criminal Joshua Sanchez-Lopez into electronic monitoring, citing an 'unreasonable risk to public safety'
Las Vegas Justice Court Judge Eric Goodman ordered Sanchez-Lopez released on $25,000 bail with high-level electronic monitoring conditions
During a hearing on a bench warrant return, Goodman set bail at $25,000 and ruled that if Sanchez-Lopez posted bond he should be placed on high-level electronic monitoring.
The monitoring program typically supervises around 450 defendants at any given time, allowing them to remain outside jail under varying levels of confinement.
But on January 29, Metro officials notified the court that they would not release Sanchez-Lopez into the program.
Police cited his long criminal history along with prior bench warrants, failures to appear in court and violations of the department's monitoring rules.
In documents submitted to the court, police also pointed to a 2020 incident in which Sanchez-Lopez allegedly fled from officers while armed with a gun.
Authorities said he later posted on Snapchat showing his ankle monitor and wrote that he had 'got chased again.'
Despite those concerns, Goodman ordered the department on February 5 to comply and release the defendant to the monitoring program, warning Metro officials they could face contempt sanctions if they refused.
The standoff has now escalated into a constitutional and statutory showdown.
Joshua Sanchez-Lopez is a 36-year-old convicted felon with a record that includes 35 arrests and prior prison time for drug and involuntary manslaughter charges
Joshua Sanchez-Lopez is being held at the Clark County Detention Center in Las Vegas
'LVMPD is asking for the justice court to stop trying to force Clark County Sheriff Kevin McMahill to violate his statutory duty,' the department said.
Officials said the court threatened contempt proceedings against McMahill for refusing to release Sanchez-Lopez even though the sheriff had determined that electronic supervision would pose 'an unreasonable risk to public safety.'
'The Justice Court of the Las Vegas Township has the authority to release dangerous people into our community,' the statement said.
'However, the sheriff will not violate the law to assist those few judges who seek to use LVMPD's electronic monitoring program in disregard of public safety and the safety of the dedicated LVMPD corrections officers who administer the electronic monitoring program.'
Supporters of the sheriff say the dispute highlights growing tensions between courts seeking to reduce jail populations and police officials responsible for supervising defendants outside custody.
'There's absolutely competing narratives about public safety occurring in our community,' Dickerson said.'There's different approaches too.'
Law enforcement figures have also defended the department's refusal to comply.
'When someone has dozens of prior arrests and a history of violations, that raises serious concerns about whether they can safely be released into the community,' said David Moody, a retired LVMPD detective and Nevada state president of the Fraternal Order of Police.
'From a law enforcement perspective, public safety has to come first.'
But Sanchez-Lopez's legal team insists the sheriff is overstepping his authority and undermining the judicial system.
'Metro's argument is flat wrong,' public defender P. David Westbrook said in a statement.
'It is the job of the elected judge to decide whether someone charged with a crime should be released and under what conditions.'
The sheriff's office has made clear it will not be backing down.
'The safety of our officers is paramount,' Dickerson said.
'The safety of the public is key, and the key here is Sheriff McMahill will not violate the law to appease the Las Vegas Justice Court and let out people who he deems to be dangerous.'
Las Vegas Justice Court Judge Eric Goodman and Clark County have been approached for comment.