Police: Fugitive granted bond in Philadelphia, drove to Florida to kill ex

PHILADELPHIA (WPVI) -- A Philadelphia judge is facing tough questions after granting a wanted fugitive bond - a wanted fugitive who, days later, would drive hundreds of miles to try to attack the woman he's accused of raping.

David Cuevas had a long history of allegedly stalking and sexually assaulting the women in his life, but his crime spree that spanned 16 years ended a week ago when he was shot and killed by Florida police, who say he was planning to brutally assault and murder his ex.

The question now is, why this wanted criminal was released from a Philadelphia jail and allowed to walk free, instead of being extradited to Florida to stand trial for his crimes?

Last week 42-year-old Cuevas was shot and killed in a gun battle with police in Lakeland, Florida.

Lakeland police had an active warrant for Cuevas, a registered sex offender, who they say brutally raped his ex-girlfriend at gunpoint in a Florida hotel in January, before fleeing to Philadelphia.

Action News has learned Cuevas was arrested three times in Philadelphia in 1998 for crimes involving two different girls, who were both just 16-years-old... Cuevas was 26.

The charges included stalking, harassment, kidnapping and rape.

Court records paint a frightening picture of a man who drugged and raped his victims.

He plead guilty to sexual assault and three counts of corruption of a minor and was placed behind bars.

Then 16 years later he was arrested again here in Philadelphia, this time for the January rape.

Philadelphia District Attorney Seth Williams tells us, "Knowing that he was a flight risk, I believe we did the right thing requesting the $3 million bail."

Williams says he viewed Cuevas as a risk and wanted him behind bars until he could be extradited.

He says, "We asked the judge for $3 million bail to ensure that he would remain in custody so that a governors warrant could be executed and he could be transported back to Florida."

The DA's request was granted. But then 11 days later, in spite of the DA's protest, Philadelphia Judge Frank Palumbo lowered the bail to $35,000, and Cuevas walked out a free man.

Williams says, "You will have to ask Judge Palumbo why he saw fit to make it $35,000."

Florida law enforcement say Cuevas then drove down to Florida in this car, and texted his ex-girlfriend planning to kill her.

A Lakeland police officer explained, "He said multiple times throughout the day that, 'I will make all the pain go away.' To me that was clear his intent to kill her or kill himself."

Police texted Cuevas from his victim's phone to set up a meeting to arrest him, because they say she feared for her life.

When police tried to apprehend Cuevas, they say he pulled a 9mm handgun from his back pocket.

"He's pulling that gun. [Officers] had no choice, they had to shoot him," the Lakeland officer said.

In Cuevas' car and hotel room police found several rounds of ammunition, handcuffs, leg restraints, rope, and duct tape they say revealed his intent to conduct another violent crime.

Police describe the gun battle as a running chase, and say their detectives fired a total of 18 rounds, hitting Cuevas seven time.

Fortunately no one else was injured.

Action News contacted the judge to ask him why he decided to lower a known fugitive's bond and allow him to be released.

In a statement, the deputy court administrator said:

"We are aware of the situation and the decision is under review, but we cannot comment on it at this time."