Law enforcement officials
had a chance to take Martin off the streets last year after he violated a restraining order filed against him by a girlfriend.
According to court documents, the girlfriend said she was choked and had her ribs bruised during an altercation with Martin in December 2007. She was treated at Highland Hospital for her injuries, but she gave police a false name for the man she accused of beating her.
Without Martin's real name, police could not track him down or build a case against him for an arrest, court documents show.
Eight months later, however, the same woman told police that Martin had become abusive toward her and threatened her 13-year-old son, saying if he "was of age, he would hurt him."
The threats persuaded the 34-year-old woman to seek a restraining order in which she said Martin needed "mental help," court documents show.
The restraining order was granted.
However, Martin violated the order days after it was filed, telling the woman that he didn't "give a (expletive) about a restraining order," and he would "get a chopper and turn you into Swiss cheese."
Police arrested Martin for violating the restraining order but released him eight hours later.
The Alameda County District Attorney's Office never filed charges against Martin.
It remains unclear why charges were not filed. Alameda County District Attorney Nancy O'Malley said Tuesday that her office is "looking into all aspects of the case."
Authorities said it was unclear, at the time, if the restraining order had been processed.
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