RICHMOND, Va. -- Members of the Richmond Police Department told a federal courtroom on Monday that Julio Alvarado-Dubon was not mentioned in a tip from what former Police Chief Gerald Smith called a "hero citizen" that came into the police department on July 1.
According to witness testimony from members of the Richmond Police Department, the tipster called RPD on July 1 and said someone who went by the name "Chapine" had an AR-15 and other big weapons and had intentions to shoot up schools and events.
Sargeant Brian Rogers said he confirmed "Chapine" was a man by the name of Rolman Balcarcel-Bavagas. Balcarcel-Bavagas rented a room at a home owned by Julio Alvarado-Dubon, which is where police went to investigate the tip and found weapons in Alvarado-Dubon's room, but none in Balcarcel-Bavagas' room.
Police did not arrest Balcarcel-Bavagas at the time, though he was the subject of the tip, and instead arrested Alvarado-Dubon, charging him with the possession of a firearm by one illegally or unlawfully in the country.
Balcarcel-Bavagas was ultimately arrested but only charged with illegal re-entry into the country. Neither man was ever charged with planning a mass shooting
On July 6, Smith and his boss, Richmond Mayor Levar Stoney, held a press conference where they told the public the pair was planning a mass shooting at Dogwood Dell on the Fourth of July.
"There is no telling how many lives this hero citizen saved," Smith said at the press conference.
Prosecutors handling the Balcarcel-Bavagas case said last week they lacked evidence to prove he was planning to shoot people at a big event on the Fourth of July or commit other acts of violence.
Alvarado-Dubon's attorney argues that Richmond Police conducted an illegal search of his home, and therefore, the evidence against him should be withheld. As that plays out in court, Alvarado-Dubon sits in jail.
CBS 6 Problem Solver investigator Melissa Hipolit asked Stoney if he felt Alvarado-Dubon was treated fairly.
"The police chief and you did that press conference and you castigated him you made it seem like he had planned a mass shooting his picture was out there he is still going through the court process and the police chief is gone. Is that fair, do you feel bad about that?" Hipolit asked.
"The police department did their job and that's what they did, that's all you can ask for. They received a tip they followed up on a tip. I am not going to get into the evidence, we are going to let the courts handle that process. All I can tell you is the Richmond Police Department did their due diligence I believe, and we'll let the US Attorney's Office handle the rest," Stoney replied.
"Was it fair to have that press conference, though, and put his picture out there and act like he planned a mass shooting when in fact he wasn't even included in the tip?" Hipolit asked.
"There were weapons that could have been used to take lives that were found at the scene and these two individuals are within the process the process will play itself out and then we will go from there," Stoney responded.
Dubon's fate is now in the hands of a judge who will decide if the Richmond Police Department searched his home legally or illegally back on July 1.
CBS 6 is choosing not to show Balcarcel-Bavagas and Alvarado-Dubon's mugshots because they were charged with crimes that we would not normally show a mugshot for.
