A Tracy man convicted of a 2005 homicide in Livermore is still set to be paroled in early November, but Tracy police do not expect he will be released here.

Interim Tracy Police Department Chief Alex Neicu announced, by way of a Facebook post on Tuesday, that he had successfully appealed to the California Department of Corrections and Rehabilitation to have Brian Wain Rainwater released in a city other than Tracy.

“They said the intent now is to not have him released in Tracy,” Neicu said Thursday. “I was encouraged by how receptive they were to listening to our concerns.”

Rainwater was convicted of voluntary manslaughter in the death of Jackie Cassettari, his co-worker at New United Motor Manufacturing Inc. in Fremont. Cassettari was found dead in her apartment in Livermore on April 15, 2005, and Rainwater was arrested at his home in Tracy two months later and charged with murder.

He ended up pleading no contest to involuntary manslaughter and possession of stolen property charges and was sentenced in 2009 to 15 years, 4 months in prison. While in prison, he earned credits toward an early release.

With Rainwater’s release to Tracy pending, Cassettari’s family, including some who live in Tracy, appealed to the corrections department to have him released elsewhere. They also contacted Tracy Police Department to see if the local agency could have any influence on the decision.

“Their concerns are totally understandable and we are glad that they reached out to us for support,” Neicu’s statement reads. “As the leader of our police department, I have serious concerns about the negative impact it would have to our community as a whole if someone convicted of a violent murder was paroled to our city.”

Neicu added that the final decision still rests with the CDCR, but he came away from his conversation with department officials confident that they would respect the city’s and the family’s request to release Rainwater elsewhere.

A spokesman for the corrections department’s Division of Adult Parole Operations, Luis Patino Jr., confirmed that Rainwater is scheduled to be released on parole in early November, but he said that the exact time or location of a parolee’s release is not announced out of concern for the safety of the public, corrections staff members and the parolee. He will be on parole for at least two years, possibly three, depending on his compliance with the terms of his parole.

Neicu added that Rainwater will be required to wear a GPS ankle bracelet that will notify parole officers if he enters or leaves predefined areas.

Contact the Tracy Press at tpnews@tracypress.com or 835-3030.

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