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Holguin to be released for 2005 murder of 87-year-old San Luis Obispo man

San Luis Obispo County
San Luis Obispo County's Juvenile Detention Center

Governor Jerry Brown will not block the release of a 24-year-old prisoner convicted of brutally killing an elderly San Luis Obispo man back in 2005. 

A Superior Court judge ordered the release of Roberto Holguin following a move earlier this month by the Juvenile Parole Board to grant early release.

For the past two years, the Governor has reversed the Parole Board's decision, but this time he did not take action.

Under California law, a juvenile cannot be held beyond their 25th birthday, which in this case would be on December 15, 2016.

Holguin was just 13 when he killed 87-year-old Gerald O'Malley and because of his age, could not be tried as an adult. He's been in the custody of Juvenile Services ever since.

San Luis Obispo County District Attorney Dan Dow told KCBX that Holguin will be taken to Texas where he will live with a family member until his birthday. Dow said, as he understands it, Holguin will cease to have any sort of official supervision at that point.

"Unless Texas state law has some other mechanism for putting him on some kind of supervision based on his criminal conviction, and I'm not aware of anything, my understanding is that he'll be completely free and clear from any requirement to engage with law enforcement or probation once he turns 25," said Dow. "That being said, given that he will have this transition period and their law enforcement will know who he is, my hope is that they will provide resources to him to help make him a success on probation."

Dow said there are no restrictions regarding whether Holguin can return to San Luis Obispo County, but he does not believe the man has an reasons to return.