Felon with violent history freed from prison in error

State officials let an inmate walk out of prison this week and hop a bus bound for Tampa when he should have gone straight to the Pasco County Jail.

Roy David Kinard, 45, has a history of violence against his former wife and law enforcement. He has pending charges including aggravated battery, aggravated assault and false imprisonment stemming from an incident last May in which authorities said he showed up at his ex-wife's home on Zimmerman Road in Port Richey with a gun.

Melanie Malone was at home with her son's girlfriend and the girlfriend's 2-year-old child. The Sheriff's Office said Kinard came in threatening all of them, unplugged the phone and wouldn't let anyone leave.

He struggled with Malone, sheriff's officials said. She stabbed him in the chest and he pistol-whipped her. After holding the women captive for seven hours, Kinard let them leave.

A week later — it's unclear what happened in the intervening time — Malone told deputies what happened and gave them permission to enter her house.

Kinard held off SWAT team members for five hours, until they fired tear gas inside and arrested him.

It wasn't the first time he harmed Malone, records show. In 2005, she obtained a domestic violence injunction against him. He violated it a week later, kidnapping her and firing five shots at Tarpon Springs police officers during a pursuit.

He went to prison but reconciled with Malone after his release in 2008. Their reunion didn't last long, and he left a month later after she accused him of stealing money from her and using drugs, according to reports.

Then he showed up again last May with a gun. Those new charges violated his probation on the 2005 case, and he was sentenced to more time behind bars.

He spent most or all of the time since in the Pinellas County Jail, according to Gretl Plessinger of the Department of Corrections.

When he arrived at DOC's Central Florida Reception Center in Orlando on Wednesday, she said, officials there determined he had served his full sentence.

"When we get them we start to calculate the sentence and set a tentative release date. When we added up everything the court had given him, he had no more time left," she said.

Kinard walked out about 11:30 p.m. and got on a bus that was expected to arrive in Tampa about 6 a.m. Thursday, said Pasco sheriff's spokesman Kevin Doll.

DOC officials had failed to notice the detainer on his record, indicating Pasco authorities wanted him in their custody.

"We delayed. We did not promptly call Pasco County to let them know he was being released," Plessinger said.

Realizing the mistake Thursday morning, Plessinger said DOC first notified Pasco authorities, then Malone.

She said DOC officials are looking at how the error happened.

Kinard had not been located by Thursday evening.

Doll said his agency issued an officer safety alert Thursday and was asking for the public's help in locating Kinard, though he warned that people should not try to approach him.

"We don't know what he might do to remain at large, and that's one thing that makes him dangerous," Doll said.

Molly Moorhead can be reached at moorhead@sptimes.com or (727) 869-6245.

Felon with violent history freed from prison in error 05/20/10 [Last modified: Friday, May 21, 2010 4:39pm]

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