SUNNYSIDE, Wash. - At a pretrial hearing Wednesday, Judge Ruth Reukauf ordered the 13-year-old accused Cinco de Mayo shooter be released until his trial.

The defense council for the minor said the prosecution violated discovery by missing the deadline. The judge agreed and said there was a "mismanagement" on the part of the Sunnyside Police Department (SPD). 

Chief Al Escalera with SPD said while the outcome wasn't favorable, the judge is possibly right.

"I'm not gonna deny that could be potentially a portion of it but it's not all of it," Chief Escalera said. 

He said the department keeps all their reports stored in an online portal where the prosecutor's office can access it and follow the case day by day, however, their office needs to release those documents to the prosecutor's office to be given to the defense. Which they did not do. 

Chief Escalera said the department will have a meeting on Monday to get to the bottom of what happened.

"We are looking at our work flow systems to ensure this doesn't happen again," he said.

He added part of the problem could been their case loads. The department has two detectives working in the field and between them they have 70 felony cases to handle. However, he wants to assure the community their safety is a priority and they will fix the problem. 

Yakima County Prosecutor Joe Brusic said the minor's release will not affect his case. He is still charged with five counts of first degree assault and will stand trial on July 25. 

"We're maintaining a very aggressive stance on this prosecution," Brusic said. "He is presumed innocent at this time and of course the court always takes that into account in making decisions such as this."

Benancio Garcia III was at the Cinco de Mayo Festival when the shooting happened. He is running for congress and had a booth at the event. Garcia said he was going to Safeway to buy something to surprise his wife when he heard gunshots. Being an Iraq combat veteran, his instincts caused him to run towards the gunfire. 

He found a man who had been shot in his lower body and tied a tourniquet above his knee to stop the bleeding. Garcia said if he hadn't done that, the man would have likely died. 

After hearing of the release of the minor, Garcia said while it's a complicated case, someone needs to be held responsible.

"They didn't turn it in at a timely manner, there's got to be accountability for that," Garcia said. 

He also said the minor should be facing more than assault charges because he tried to kill someone.

"That's unacceptable, if you are a teenager and you do a crime that's going to take someone's life you need to pay the penalty like any adult would," he said.

Chief Escalera said the department will be in constant communication with Brusic to make sure the rest of the trial goes smoothly.