Victorino had been arrested July 29, 2004 for assaulting another man, but posted bail the next day. Richard Burrow, Victorino's probation officer, was notified of the arrest and was required to file a report to a judge detailing the arrest within 48 hours. This report could have sent Victorino back to jail on a probation violation. Paul Hayes, Burrow's supervisor, did not receive the report until August 4, and a judge did not receive it until August 6, after the massacre. In addition, Victorino met with Burrow on August 5. At this point, Burrow had the legal authority to conduct a "warrant-less" arrest on Victorino, and according to department officials should have done so. Instead, Victorino remained free. As a result, Hayes and Burrow were fired on August 9, along with two top administrators.