A man accused of punching a 90-year-old woman in the face in downtown Portland after she tried to walk by him as he was urinating was released from custody this week because of jail overcrowding.

Filbert Mwezi Gacinya, 34, was arrested soon after the Sept. 17 attack and booked into the downtown jail on assault and indecent exposure allegations.

Filbert M. Gacinya

He has six other pending cases in Multnomah County Circuit Court on allegations including sex abuse, aggravated harassment and assault.

County officials noted in court papers after his latest arrest that he's a "danger to the community!!'' and "not a good candidate for release at this time."

The 90-year-old woman didn't find out her accused attacker was out of jail until she summoned the courage to walk from her senior living apartment in downtown to the courthouse for Gacinya's court appearance Tuesday. She hadn't suffered broken bones in the attack but had bruises on her face and hip pain.

The victim immediately called her daughter in California from the courthouse.

Her mother was in tears, said Maud Zneimer. "She was proud of herself that she was going to court. Then, when she got there, she was like, 'Oh, you're not going to believe it.' She broke down and cried.''

Gacinya was among 20 people allowed to leave jail Sunday for "emergency overcrowding,'' Sheriff's Office records show. So far this year, the Sheriff's Office has cut loose 162 inmates for overcrowding.

That happens when the jail is at 95 percent capacity to make room for inmates with more serious charges. The county system ranks inmates based on their risk to themselves and others, propensity for violence, criminal history and charges, said sheriff's Sgt. Brandon White.

The jail staff likely didn't see the county's recommendation against release, White said.

Gacinya initially was accused of fourth-degree assault, though prosecutors have signaled they may pursue a felony charge in the future in the 90-year-old woman's case.

The unprovoked daytime attack in the city is at least the fourth since April.

Portland police spokeswoman Officer Natasha Haunsperger said she didn't know if such attacks are on the rise because the bureau doesn't keep a running tally of so-called "stranger'' assaults.

"Even one is alarming,'' Haunsperger said, after reading the police reports on what happened to the 90-year-old city resident. "I was thinking, 'What if that's my mom?'''

The attack was reported at 3:46 p.m. that Monday at Southwest 10th Avenue and Jefferson Street, by the Portland Art Museum.

Gacinya had pulled down his pants and was repeatedly yelling at bystanders, "You want to look?'' before he approached the 90-year-old woman. Several other pedestrians had crossed the street to get away from the stranger, but Zneimer's mom couldn't move as fast, witnesses told police. As she tried to walk around the man, she was attacked without provocation, they said.

Several other women came to her aid and called police. The 90-year-old declined medical attention at the scene but visited her doctor on her own, her daughter said.

Outraged that her mother's alleged assailant is back on the street, Zneimer wrote an email to the district attorney, describing how her mother lives downtown with other senior citizens, who are now fearful of walking in their neighborhood.

"Why is a man who bashes a 90-year-old in the face leaving her knocked out on the pavement released?'' Zneimer wrote.

Deputy District Attorney Amity Girt wrote back, explaining the jail overcrowding release.

"I completely understand how upsetting that would be,'' Girt added.

Gacinya has a history of mental illness, telling court officials in 2017 that he had been taking medication for depression since 2010. He had been living at a downtown shelter and was declared unfit to aid in his own defense after an assault and harassment arrest a year ago, court records show.

Since then, he returned to the streets and faced other charges and has been in and out of jail. He told court officials a year ago, "I come and go'' and said he didn't come to court as scheduled in late 2017 because "I didn't want to,'' according to court records.

White, the sheriff's sergeant, acknowledged that jail often becomes a "rotating door'' for those booked on lower-level offenses when beds fill and budget constraints don't allow opening up more.

"Unfortunately, that's the way it is,'' White said.

Others arrested who were released from jail this past week due to overcrowding were accused of offenses including delivery of heroin, criminal mischief, resisting arrest, disorderly conduct, menacing, reckless burning, aggravated harassment, theft, identity theft and car theft.

FBI statistics show aggravated assaults were down in Portland last year, compared to the year before as was overall crime and violent crimes. Property crimes, though, ticked up last year, with increases reported in burglary, larcenies from motor vehicles, car thefts and arsons.

On Sept. 5, another man is accused of walking up to and punching three different men in the face as they were walking in North Portland in two separate attacks. Two of the men suffered broken jaws. On April 11, another man is accused of pushing a 78-year-old woman to the ground on Northeast Broadway, fracturing bones in her face.

The Sheriff's Office has 1,192 total jail beds, down from about 1,310 beds a year ago after county commissioners voted not to fund two dorms at Inverness Jail, White said.

On average, officials say, at least 50 percent of those who leave jail under an emergency release re-offend.

-- Maxine Bernstein

mbernstein@oregonian.com

503-221-8212

@maxoregonian