Serial highway shooter released. Sacramento prosecutor says probation sentence 'undermines' justice system

A man sentenced to 90 years in prison for a series of shootings on a Sacramento freeway was granted early release by the parole board this week after serving 14 years.

Kyle Douglas Frank, 37, of Roseville was found guilty in 2011 of eight counts of attempted murder and related aggravated charges for shooting black and Latino victims on Capital Region freeways, including Interstate 80 and Interstate 5. He was paroled by the parole board on April 10, but the Sacramento County District Attorney's Office asked Gov. Gavin Newsom to intervene.

Newsom's office referred the decision to the full parole board, which consists of 21 members appointed by the governor, for reconsideration on July 19. A hearing was held on Tuesday at which the full parole board affirmed Frank's release.

Frank's release is being prepared, according to the California Department of Justice. He has served 14 years, or 15 percent, of his sentence, Sacramento County District Attorney Thien Ho said in a statement.

“This decision undermines the criminal justice system by overturning the 90-year sentence imposed in this case and sending a dangerous inmate back into our society,” Ho said.

It was not immediately clear why the panel approved Frank's release. A CDCR spokesman did not immediately respond.

Frank's killing spree lasted from August 2009 to September 2009. Forensic analysis revealed that Frank's semi-automatic Beretta pistol (.25 caliber) was linked to the shootings, prosecutors said.

In one incident in September 2009, Osiris Esparza and her aunt Monica Esparza were driving home from ballet class in Natomas. Frank began yelling at Monica Esparza after she inadvertently cut him off on I-80 eastbound.

He accelerated and braked “in a manner that prevented the victims' vehicle from leaving the highway,” prosecutors said. Frank fired several shots that struck Osiris Esparza, then 18, in the leg. Other bullets pierced her headrest and the seats where her children would have been buckled in.

Defense attorney Paul Irish told the Sacramento Bee in 2011 that his client was “just really drunk” and had also taken cocaine when he went on a rampage on the highway.

“He was depressed because he had lost his job and his girlfriend and had to move back in with his father,” Irish said after the jury announced the verdict. “He just reacted.”

Frank is currently being held at the California Medical Facility in Vacaville. While in prison, Frank assaulted two inmates, prosecutors said in their statement. He also attempted to file motions to vacate his conviction, all of which were denied.