Sacramento deputies had probable cause to arrest Panera gunman weeks before deadly shooting

Sacramento sheriff’s officials say investigators tried at least twice to find Rohit after the reported restraining-order violation

Denzen CortezSACRAMENTO, Calif. —

The Sacramento County Sheriff’s Office says deputies had probable cause to arrest Rohit Rohit for allegedly violating a restraining order weeks before authorities say he killed Shalini Thakur, but investigators were unable to find him.

Sheriff’s Office spokesperson Lt. Amar Gandhi defended the department’s response during an interview with KCRA 3, saying deputies and detectives made at least two attempts to contact Rohit after Thakur reported the suspected violation on July 29.

Thakur had obtained a civil harassment restraining order against Rohit in May. Gandhi said deputies and detectives had encouraged her to seek the order after she began reporting conduct that concerned investigators.

The May 29 order required Rohit to stay away from Thakur, her home and her workplace. It also included instructions for law enforcement stating that an officer must arrest the restrained person if the officer has probable cause to believe that person knew about the order and disobeyed it.

According to Gandhi, Thakur called the Sheriff’s Office on July 29 after receiving grocery deliveries she believed Rohit had ordered or delivered.

“She called in, reported it. So deputies actually went out there,” Gandhi said. “They took a report. There was follow-up done after that from our detectives.”

Gandhi said investigators believed Rohit was responsible and determined that he was “PC arrestable,” meaning they had probable cause to take him into custody.

“Was there probable cause that this was from Rohit?” KCRA 3’s Denzen Cortez asked.

“Yeah, correct. So that’s what we believe,” Gandhi responded.

Gandhi said detectives made at least two in-person attempts to locate Rohit at his home and other locations he was known to frequent. Those attempts were unsuccessful.

“If we made contact with him, yeah, I am certain there would have been an arrest,” Gandhi said. “But again, there was no contact made.”

Gandhi said investigators could arrest Rohit for the suspected misdemeanor violation even though it had not occurred in their presence. He said the investigation remained pending as detectives handled other cases and continued their follow-up.

“There’s not going to be a massive, large-scale manhunt for this person,” Gandhi said. “But there is follow-up. There is stuff done.”

The Sheriff’s Office described the reported violation as a lower-level misdemeanor within the criminal justice system. Gandhi said Rohit had no known criminal history and that this appeared to be his first suspected restraining-order violation.

The Sheriff’s Office did not classify the matter as domestic violence because investigators had no information showing Thakur and Rohit had been involved romantically. Gandhi said Thakur had described them as friends, placing the matter under civil harassment.

However, Gandhi said that classification did not prevent deputies from arresting Rohit for allegedly violating the order.

What could have happened if Rohit had been arrested?

Gandhi said Rohit could have been cited or booked into jail if investigators had located him. An arrest alone would not have established guilt or guaranteed that he remained in custody.

Under California Penal Code section 273.6, an intentional and knowing violation of a qualifying restraining order is generally a misdemeanor. A conviction can carry a fine of up to $1,000, up to one year in county jail or both.

Prosecutors would have needed to prove that the order was valid, Rohit knew about it, he was capable of complying with it and he intentionally violated it. Following an arrest, prosecutors would have decided whether to file charges, while a judge could have determined whether Rohit remained in custody and what release conditions applied.

It is not possible to determine whether an arrest following the July report would have prevented Thakur’s killing.

When asked whether the Sheriff’s Office could have done more, Gandhi said no.

“It’s just the sad truth of it all. These cases, they come in every day,” Gandhi said. “These detectives do have stacks of these cases, and they do follow up on these cases literally every day.”

Gandhi maintained that investigators devoted significant attention to Thakur’s reports and repeatedly encouraged her to obtain the restraining order.

“To say that nothing was done is absolutely incorrect,” Gandhi said.

Gandhi said Rohit alone was responsible for Thakur’s killing, while acknowledging the limitations of what he called an “imperfect justice system.”

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