Reporter-News Archives

Saturday, January 31, 1998

Bonds can't be used to keep suspects in jail

By TANYA EISERER / Abilene Reporter-News

Joe Davis was outraged when a suspect, who bonded out after allegedly robbing two Skinny's stores in August, was implicated in a string of recent heists.

The prominent Abilene businessman, like so many other people who aren't familiar with the complexities of the criminal justice system, couldn't fathom how this 20-year-old man could be out on bonds totaling $20,000 and still be wreaking havoc.

An upset Davis called Taylor County District Attorney James Eidson, Abilene Police Chief Melvin Martin and other local law enforcement officers seeking answers.

Davis admits now he's learned the way the justice system operates isn't so black and white, and often the wheels of justice grind slower than we'd like.

When setting bond, several constitutional and statutory issues must be considered, including ensuring the individual will show up for court proceedings and will protect the community and victims, said Justice of the Peace Rex Andrew.

Eidson said the person's criminal history, the circumstances surrounding the crime and the individual's ties to the community also have to be considered.

"The bond can not to be used as a tool of an oppression to keep you in jail," he added.

For example, the person who allegedly committed the convenience store robberies that angered Davis was initially a first-time offender, he said.

"He had no criminal history," he explained. "He admitted what he did. He's young and he had ties to the community. All of those things guarantee it will be in the lower range."

"(The bond amount) went up three times between the first and the second time in jail," Eidson added. "It's hard to make people understand because all they see is the end result."

When an arrest warrant is issued, the DA's office often recommends a bond amount that takes into account those issues, he said.

The Taylor County Jail also has guidelines for setting bonds, ranging from first-degree felony, $10,000-$20,000; second-degree felony, $5,000-$10,000 and third-degree felony, $2,000-$5,000.

The Code of Criminal Procedure allows peace officers to set bond when the court is not in session, explained Taylor County Sgt. Lynn Gourley.

"We won't set it on robberies, aggravated assaults, attempted murder, murder, retaliation -- charges involving violence," Gourley said, adding that they either call a justice of the peace or hold the person until a magistrate can arraign that person.

While Eidson supports higher bonds, he reluctantly pointed out that it isn't always the answer.

"Higher bonds only made the bondsmen richer," he said. "If those people want to get out of jail, they'll get out of jail. If you set the bond too high, the attorney can also ask for a bond reduction hearing and quite often it's lowered."

Davis may now have a better understanding, but it doesn't mean he's pleased with the answers.

"It's frustrating for everybody," said Davis, who is working with the Chamber of Commerce to establish a committee to address criminal justice issues. "If it was your home and it was being robbed, it would be frustrating."

Davis said he believes several changes need to be made, including speeding up the issuing of arrest warrants and setting higher bonds for repeat offenders.

"We're not going to eliminate crime, but we can make it a lot more difficult for them to do it," he said.