Police had arrested Smith Tuesday in connection with a number of burglaries at the popular Green Jeans Farmery business community.

However, a new risk assessment tool that judges must use told pro-tem Judge Kevin Fitzwater to let Nicholas Smith go.

Judges say they have to decide whether to release someone or require bond or keep them in jail based on the "Arnold tool," which calculates how likely they are to skip out on court.

"I don't have any authority to hold him without bond. I did consider holding him with bond, but according to the new rules given to the court on the first of July, I don't have the authority to do that either. Unless he's a risk of flight, bond is inappropriate and should not be imposed," Fitzwater said.

Handwritten notes at the bottom of Thursday's criminal complaint highlight factors to be considered, such as a history of committing crimes and of drug use, the substantial weight of evidence in the new case, and Smith's homelessness.

But police say he's just one of a lot of suspects that are either making ends meet or trying to get money for drugs through these crimes - problems that more than just police or jail time are likely needed to fix.

Later Friday, a judge ruled Smith held on a no-bond hold.