The man who allegedly attacked Seattle restaurateur Tim Ptak was being held on $50,000 bail, but he got out of jail on “conditional release.” And the Seattle Police Department admits it was an error on its part.

Report: Man who allegedly attacked Seattle restaurateur released

Ptak was investigating a potential prowler at the Jim Clark Marina when he found a man believed to be homeless in his friend’s boathouse popping popcorn and drinking beer. After claiming he had permission to be in the boathouse, the man allegedly attacked Ptak.

Ptak’s alleged attacker was arrested and treated at Harborview Medical Center.

Ptak was relieved when it was over and nobody else was injured.

“Things could have ended much differently,” Ptak told KIRO Radio’s Ron and Don. “We might be having a memorial today for one of my friends.”

But things aren’t over.

Alleged attacker goes free

The man who allegedly attacked Ptak was held on $50,000 bail, but no charges were filed by March 27 and the man was no longer behind bars.

How can this happen?

According to a Seattle Police Department spokesperson, the case didn’t “get to the detective” who it was assigned to in time.

There is a 72-hour window for cases to reach the prosecuting attorney’s office for consideration of charges. If there isn’t a hearing held within that time period, they go free.

That didn’t happen in the case of Ptak’s alleged attacker.

“Essentially, this is a dropped ball by our department and certainly a learning moment,” SPD spokesperson Sergeant Sean Whitcomb said, adding that if “this was a perfect world it would not have happened.”

The problem in a case like this is that police can’t just go out and arrest the person again.

“We don’t have probable cause to re-arrest him,” Whitcomb said.

For that to happen, charges have to be filed, a court date must be set, and the person must fail to appear. Then it is up to the police to find the man.

If the man truly is homeless, it could add another layer of difficulty to the matter. Whitcomb says homeless people often still have regular access to mail.

Seattle attorney Anne Bremner told KIRO Radio it isn’t often that someone can fall far enough through the cracks to completely avoid law enforcement. However, she points out that the alleged attacker who was willing to break into a boathouse and use pepper spray on Ptak is walking around free.

“He’s certainly not going to turn himself in,” she said, adding that maybe someone who knows him will tip off police.

And the man who was simply trying to keep things orderly at his co-op marina now has to worry about potential repercussions.

“Now he knows where my businesses are and, approximately where I live…” Ptak said.