Why was the man accused of dismembering a senior released early from prison?
The Placer County District Attorney is demanding answers from the California Department of Corrections & Rehabilitation (CDCR). DA Morgan Gire wants to know why the man arrested for killing and dismembering a 77-year-old woman had been released early from prison despite two parole denials.
Darnel Erby is accused of murdering and dismembering an elderly woman in her home roughly a year after his early release from prison, and just months after his subsequent parole ended.
In a letter to CDCR, Gire asked, among other things:
- Why Erby was released early despite opposition from both the Placer and Amador County district attorneys?
- Which rule or regulation authorized the early release?
- Why Erby was released despite alleged criminal activity in prison?
Erby was twice denied parole in 2018 and 2020 but then was quietly released anyway about a year later after serving less than half his sentence. This, despite the fact the parole board cited criminal activity while in prison and found he (posed) "a current unreasonable risk of violence".
According to CDCR, Erby had been sentenced to more than 24 years combined over the past 23 years for a variety of non-violent crimes. He served a fraction of each sentence.
Erby is accused of committing this most recent crime just months after getting off parole following his early release.
If the story sounds familiar, you may be thinking of Smiley Martin, one of the downtown mass shooting suspects. Martin was also denied parole and then released anyway after serving less than half his sentence. He was also released despite being accused of criminal activity in jail.
At the time, Placer County District Attorney Morgan Gire was among many questioning how CDCR calculates early release credits and why they won't release the formula.
"That remains a black hole of information. We don't know at what rate someone earns credits, how they lose their credits," said Gire.
CDCR will only say, "Incarcerated people can receive credits for good behavior, as well as program participation and completing educational programs."
Though the parole board noted Martin's participation was "limited". Now, Gire wants CDCR to reveal exactly what Erby did to get out early.
It's not clear if Erby received early released credits or why he was released early. CDCR did not respond to our questions today.
Erby is now in custody without bail in the Sacramento County Jail.
