In the span of thirteen days, a man was arrested three times in California and released each time before allegedly taking the life of a 76-year-old woman and igniting a deadly standoff in the Sierra Nevada foothills. The death of Cheryl Macy — a retired public servant remembered for three gentle squeezes that meant 'I love you' — has become a focal point in a long-running debate about whether bail reform laws protect the vulnerable or inadvertently shield the dangerous. Prosecutors argue that judicial hands were tied by statute and court precedent, and they are now calling for the repeal of a
California suspect released three times before killing woman, dying in deputy shootout
Cheryl Macy, 76, was shot and killed by Spencer; three SWAT operators were endangered by fires he set during the standoff.
This should never have occurred but bail reform has prioritized offenders over victims
Mark
So walk me through this. Spencer was arrested three times in two weeks, and each time he got out. What was the legal mechanism that kept releasing him?
Mimi
The judge set bail each time, as required by law. Spencer posted it and was released. The DA's office is arguing that a recent court decision—Kowalczyk—has made it harder for judges to hold dangerous repeat offenders without bail, even when prosecutors ask for it.
Luke
But we should be careful here. The source says a judge "set bail as required by law." That's important. We don't know if the judge had discretion to deny bail or if the law actually mandated it. The DA's office is making an argument about what Kowalczyk did, but we're not seeing the actual legal text or a judge's reasoning.
Mark
Fair point. So what happened between the third arrest and the killing?
Mimi
Spencer was out on bail from the vehicle-theft arrest by September 17th. He had also missed a preliminary hearing in the assault case, so there was a warrant for him. But prosecutors were still reviewing the burglary and vehicle-theft reports for possible charges when he allegedly stole more vehicles and guns and started firing at people.
Luke
And that's the gap the DA's office is highlighting—he was out of custody, there was a warrant, but he wasn't picked up before the alleged rampage escalated.
Mark
Who was Cheryl Macy?
Mimi
A 76-year-old woman who had worked for the Placer County District Attorney's Office for fourteen years, until 2020. She was a mother, grandmother, and great-grandmother. Her granddaughter remembered that she had a special way of hugging—three squeezes to say "I love you."
Luke
The source doesn't say whether Spencer and Macy knew each other or had any prior connection. Investigators haven't publicly identified one. So we don't know if this was random or targeted.
Mark
And the shootout itself?
Mimi
Deputies found Spencer in the forest near Iowa Hill early Monday morning. When they approached, he opened fire. He also set two fires as tactical teams closed in. During the standoff, a helicopter crew had to rescue three SWAT operators from the flames. Spencer was fatally shot by deputies at around 4 a.m.
Luke
The source says Spencer "allegedly" opened fire and "allegedly" started the fires. We're relying on what authorities said happened. The investigation is still ongoing.
Mark
So what's the larger question here?
Mimi
Whether California's bail system and recent court decisions have made it too easy for dangerous repeat offenders to stay on the street. The DA's offices are calling for the Kowalczyk decision to be repealed.
Luke
But we should note: the source doesn't include any defense of the current system, any legal scholar's view on whether Kowalczyk actually does what the DA's office claims, or any statement from a judge about what options they actually had. This is one side of a real legal debate, and we're seeing it through the lens of a tragedy.
Le Pouls
- Derek Spencer was arrested three times in thirteen days — for assaulting a deputy, burglary, and vehicle theft — and walked free each time, even as prosecutors pleaded for his detention.
- On September 19th, the situation escalated sharply: Spencer allegedly stole guns, fired at a moving vehicle, rammed a patrol car, and vanished into dense forest while shooting at deputies and helicopters.
- Inside a home cleared by tactical teams, investigators found Cheryl Macy, 76, shot dead — a former DA's office employee with no known connection to Spencer, remembered by her granddaughter for a wordless gesture of love.
- A predawn manhunt through steep, dark woodland ended when Spencer opened fire on approaching deputies, set two fires to trap tactical teams, and was fatally shot — requiring a rare helicopter hoist rescue of three endangered SWAT operators.
- California prosecutors are now demanding repeal of the Kowalczyk court decision, arguing it has stripped judges of the discretion needed to keep dangerous repeat offenders off the streets before trial.
In the span of thirteen days, a man was arrested three times in California and released each time before allegedly taking the life of a 76-year-old woman and igniting a deadly standoff in the Sierra Nevada foothills. The death of Cheryl Macy — a retired public servant remembered for three gentle squeezes that meant 'I love you' — has become a focal point in a long-running debate about whether bail reform laws protect the vulnerable or inadvertently shield the dangerous. Prosecutors argue that judicial hands were tied by statute and court precedent, and they are now calling for the repeal of a state Supreme Court decision they say has shifted the balance away from victims. The question California must now sit with is an ancient one: how does a society weigh the liberty of the accused against the safety of the innocent?
Derek Spencer was arrested three times in Sacramento County over thirteen days in September and released each time. The first arrest, on September 3rd, involved charges of vandalism, resisting arrest, and assaulting a sheriff's deputy with a deadly weapon. Prosecutors requested he be held without bail; a judge set bail instead, and Spencer posted it. Eight days later, Folsom police found him inside a model home late at night and booked him on burglary suspicion — he was released the next day on his own recognizance. Two days after that, he was arrested again for allegedly stealing a vehicle, posted bail, and was free by September 17th. He had also missed a preliminary hearing, prompting an arrest warrant.
The situation turned fatal within days. Spencer allegedly stole another vehicle and firearms, fired at a moving car in El Dorado County, and pointed a gun at victims in Placer County. When deputies spotted him near Iowa Hill, he allegedly rammed a patrol vehicle and fled into the forest, firing at officers and law enforcement helicopters. As tactical teams cleared a nearby home, they found Cheryl Macy shot to death inside. She was 76 years old, a former Placer County District Attorney's Office employee, and a grandmother whose distinctive way of saying 'I love you' — three quiet squeezes — her granddaughter Addison said she will never forget.
A California Highway Patrol aircraft using infrared technology located Spencer just before 2:30 a.m. on September 23rd. Tactical teams moved for hours through steep, dark terrain to reach him. When they closed in, Spencer opened fire, then allegedly set two separate fires using drones to capture the moment. Deputies returned fire and fatally struck him. The flames that followed endangered the surrounding teams, and a Washoe County Sheriff's helicopter crew flew through low-visibility darkness to hoist three SWAT operators to safety — a specialized rescue capability rare even among regional law enforcement aviation units.
In the aftermath, the Sacramento County District Attorney's Office issued a pointed statement: 'Bail reform in California has prioritized criminal offenders over victims.' Prosecutors argued that the Kowalczyk California Supreme Court decision has constrained judges from detaining dangerous repeat offenders before trial, even when the risk is evident. The Placer County DA echoed those concerns, calling Spencer's repeated releases a source of 'serious questions' about state law. At a county Board of Supervisors meeting, Placer County District Attorney Morgan Gire honored Macy's memory — her energy, her warmth, the mark she left on the community — and called her death devastating. The investigation into her killing and the broader standoff remains ongoing.
Derek Spencer was arrested three times in Sacramento County over the course of thirteen days in September. Each time, he walked out of jail. The first arrest came on September 3rd, when deputies accused him of vandalism, resisting arrest, and assaulting a sheriff's deputy with a deadly weapon. Prosecutors filed felony charges and asked that he be held without bail, but a judge set bail as the law required. Spencer posted it and was released on September 11th.
Nine days later, the cycle repeated. Folsom police found Spencer inside a model home on Dehone Circle just after 11 p.m. on September 13th and arrested him on suspicion of burglary. He was booked into the Sacramento County Main Jail and released the next day on his own recognizance. Two days after that, Sacramento County deputies arrested him again, this time for allegedly stealing a vehicle. He posted bail and was out by September 17th. By then, he had also failed to appear for a preliminary hearing in the deputy-assault case, prompting a judge to issue a warrant for his arrest.
On September 19th, authorities said Spencer stole another vehicle and guns, then fired at a moving vehicle in El Dorado County. The following day, Placer County deputies began searching for him after he allegedly pointed a gun at victims. When they spotted him near Iowa Hill, Spencer allegedly rammed a sheriff's patrol vehicle and fled into the forest. He fired at deputies and law enforcement helicopters, triggering an intensive manhunt and warnings for residents to barricade themselves inside.
As tactical teams cleared a home in the area, they found Cheryl Macy shot to death inside. She was 76 years old and had worked for the Placer County District Attorney's Office from 2006 to 2020. Investigators believe Spencer killed her before disappearing into the surrounding forest. No prior connection between the two has been publicly identified. Her granddaughter, Addison, later told a local news station that Macy had a distinctive way of showing affection—three squeezes to say "I love you." "She was the only person who's ever done that and told me that," Addison said.
A California Highway Patrol aircraft using infrared technology located Spencer shortly before 2:30 a.m. on Monday, September 23rd. Tactical teams spent hours moving through steep, heavily wooded terrain in darkness to reach him. When deputies approached, Spencer opened fire. During the standoff that followed, drone video allegedly captured him starting two separate fires as law enforcement closed in. At about 4 a.m., Spencer fired again from behind a berm. Deputies returned fire and fatally struck him.
The flames soon threatened the tactical teams in the forest. A helicopter crew from the Washoe County Sheriff's Office RAVEN aviation unit flew through darkness and low-visibility conditions to hoist three SWAT operators out of the area—a specialized night-rescue capability available to only a limited number of law enforcement aviation teams in the region.
The Sacramento County District Attorney's Office issued a statement to Fox News Digital pointing to what it called dangerous gaps in California's bail system. "Sadly, this should never have occurred but bail reform in California has prioritized criminal offenders over victims," the office said. Prosecutors noted that they had asked for Spencer to remain in custody after the deputy-assault charge, but a judge was required by law to set bail. The DA's office cited a recent California Supreme Court decision called Kowalczyk, arguing that it has limited judges' ability to detain repeat offenders before trial, even when they may pose a danger. "While the District Attorney's Office has and will continue to argue that dangerous and repeat offenders like Derek Spencer remain in custody, California must repeal the Kowalczyk decision and change the law to prioritize victims when addressing bail," the office said.
The Placer County District Attorney's Office separately said Spencer's repeated releases raised "serious questions" about whether state law and recent court decisions give judges enough power to prevent similar tragedies. At a county Board of Supervisors meeting on Wednesday, Placer County District Attorney Morgan Gire honored Macy, calling her death devastating to his office and the wider community. He urged people to remember how she lived—the energy she brought to her work, the warmth she showed others, and the lasting impact she made across Placer County. The fatal shooting and Macy's death remain under investigation.
Citations marquantes
Bail reform in California has prioritized criminal offenders over victims— Sacramento County District Attorney's Office
She was the only person who's ever done that and told me that— Addison, Cheryl Macy's granddaughter, recalling Macy's distinctive three-squeeze hug
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