he was arrested after a random killing of 32-year-old catherine stienly as she walked with her father. why wasn't this guy behind bars? >> that is a question that a lot of people are asking. the family is in mourning this holiday weekend and federal authorities say the tragic loss could have been prevented because the suspect, franciso sanchez. and he was handed over to the san francisco sheriff's department to face an outstanding warrant yesterday they released a statement. homeland security said ice launched an immigration detainer on sanchez and requesting notification prior to his release so they could take custody. that was not honored. the sheriff's department let him go. in response the legal counsel ended up saying this. take a listen. >> there was no basis for us to hold him based on the city ordinance and our own policy. >> san francisco does not recognize federal immigration law. oven though he had a lengthy criminal history he was let go. he showed up at pier 14 on the water front in san francisco, and according to authorities, he pulled out a gun and shot catherine stienl