REDWOOD CITY -- The Pittsburg man who has confessed to gunning down East Palo Alto activist David Lewis was back behind bars Tuesday, three weeks after a judge set him free.
San Mateo County Superior Court Judge Craig Parsons ordered Gregory Elarms, 60, taken into custody in his courtroom and said he wouldn't have allowed him released Feb. 5 if the defense had given him correct information.
Elarms was released because Parsons believed he'd accumulated nearly enough credit for time served to satisfy the maximum, four-year sentence on a weapons case. But it was revealed Tuesday that he was over 300 days short. He's due back in court March 5 for sentencing.
The weapons case was the only thing keeping Elarms behind bars after San Mateo Superior Court Judge Stephen Hall dismissed the murder charge in November stemming from Lewis' 2010 slaying at Hillsdale Shopping Center in San Mateo. Hall found San Mateo police had illegally collected the confession from Elarms, although he repeatedly asked for a lawyer.
The weapons case stems from Elarms allegedly having homemade knives in his jail cell while he awaited trial on the Lewis slaying.
Outside court on Tuesday, Elarms' defense attorney Jonathan McDougall said it appeared the judge didn't read the court filings he'd submitted before Elarms was released. He said the judge must have assumed his client had over four years credit.
Contact Joshua Melvin at 650-348-4335.