A former prosecutor with the Maricopa County Attorney’s office says they dropped the ball on Jesus Dousten’s prior felony cases.

GLENDALE, Ariz. — A 27-year-old Glendale mother was killed in what police describe as a random act of violence last week, and questions are now surfacing about why the man accused of shooting her was free in the first place.

Glendale police say Yarely Hermosillo was sitting at a stoplight with her family when a bullet struck her in the face. Investigators believe the shot was fired by 32-year-old Jesus Dousten, who was allegedly arguing with another driver in a road rage incident when Hermosillo was caught in the crossfire. Court records say surveillance footage captures him firing in the opposite direction of the car he was upset with at random, and that bullet proved to be a fatal gunshot wound for Hermosillo.

Dousten, who is now facing a murder charge, is a three-time convicted felon. Court records show he was prohibited from owning a firearm.

Former Maricopa County prosecutor Josh Kolsrud reviewed Dousten’s criminal history, which reveals a pattern of serious offenses in a short timeframe. Between 2021 and 2022, Dousten faced felony charges including resisting arrest, attempting to steal a car, and fleeing from police. The last offense was committed while he was out of jail on early bond release.

“There’s no reason to stipulate to supervise probation when a defendant has three open felony cases as well as committing the last felony while on felony release. I mean, they don’t have any leverage. The defendant doesn’t have any leverage in that scenario,” the former federal and state prosecutor said.

In all three cases, the Maricopa County Attorney’s Office offered plea deals that resulted in probation rather than prison time. A judge ultimately sentenced Dousten to three years on probation for all three felony convictions.

“This is a scenario where Maricopa County dropped the ball,” Kolsrud said, adding that red flags in Dousten’s history should have signaled prosecutors to seek harsher penalties.

While it is impossible to know whether a prison sentence would have prevented last week’s tragedy, Kolsrud believes the case highlights systemic issues. 

“When you’re a judge and you see repeat felony cases, you have to at least take pause and ask whether probation is really a sufficient deterrent,” he said. “Obviously, it wasn’t.”

The Maricopa County Attorney’s Office, now led by Rachel Mitchell, issued a statement in response to questions about Dousten’s prior cases:

“Every case we receive is reviewed, and we make decisions based on the evidence available to us. Because he has an open case, we cannot comment any further.”

“If they did drop the ball, they’re not going to admit that publicly, but I have no doubt that Rachel is going to do something internally to see what, if anything that could have done differently,” Kolsrud said.

Mitchell, who was appointed in April 2022 and elected this past year, was not in charge when Dousten’s earlier plea deals were negotiated. At that time, the office was led by the late County Attorney Allister Adel.

Dousten is being held in the Maricopa County Jail on a $1 million cash-only bond as he awaits trial.