The Fayette Citizen-News Page
Wednesday, December 8, 1999
Law officers irked by no-bond release of burglary suspect

By MONROE ROARK
Staff Writer

Recent actions by a local magistrate have drawn some sharp criticism from law enforcement officials who believe he is making it more difficult for them to do their jobs.

Magistrate Judge Joe Tinsley defended his decisions as examples of “judicial discretion” and suggested “ulterior motives” behind the criticism of his actions.

Investigators from the Fayette County Sheriff's Department wrapped up a two-week burglary investigation Friday night with the arrest of an 18-year-old suspect, according to Maj. Bruce Jordan, head of the Criminal Investigations Division.

Bond was originally set at $5,000, which is a typical amount for a felony burglary charge, Jordan said.

But that was changed Saturday morning when Judge Tinsley allowed the defendant to be released on his own recognizance. Jordan said this happened after Tinsley met with the youth and his family outside the courtroom.

Jordan said that in 20 years with the Sheriff's Department he has never seen another instance of a defendant being released on his own recognizance — with no need for a cash bond — for a burglary charge. “This county has always been tough on residential burglary,” he said.

Sheriff Randall Johnson added that he does not recall seeing any burglary charges handled without any sort of bond during his tenure. “It could have happened, but I don't believe I have [seen it],” he said.

When investigators were ready to make the arrest, they tried to reach Tinsley, the magistrate on call at the time, but failed despite trying for a couple of hours. Another magistrate had to be awakened late Friday night to sign the warrant, Jordan said.

The biggest complaint from Jordan is the fact that his investigators spent a great deal of time working on this case only to have the suspect put back on the street with no bond, which gives the suspect less incentive to show up in court again for arraignment, Jordan said. That would take place a couple of weeks after grand jury presentation, probably in March.

In an unrelated case, a Douglasville man was arrested Nov. 30 after a traffic stop for possession of tools for commission of a crime, receiving stolen property, giving a false name and possession of a fraudulent insurance document.

The tools possession charge is a felony, while the other three are misdemeanors. Jordan said that a $1,000 cash bond or $2,000 property bond is standard in a misdemeanor case, but Tinsley set the total bond for all four charges at $800 — $500 for the felony charge.

Chief Magistrate Kenny Melear said Monday that magistrates typically use certain guidelines for setting bond in each case, such as the type of offense and the defendant's criminal record or lack of such. He said that he has never released a defendant on a felony burglary charge without setting some sort of bond.

Tinsley is employed full-time by Delta Air Lines at Hartsfield International Airport. Law enforcement officers have complained that they have to leave Fayette County and drive to the Atlanta airport to get Tinsley to sign warrants when he is the magistrate on call and simultaneously working his full-time job.

“Regarding bond, there are two fundamental issues a judge must decide,” Tinsley said Tuesday. “Does the accused pose a risk of flight, and does the accused have a propensity to commit further crimes while out awaiting trial? In this case, the answer to both questions is unequivocally no.”

There were no observers at the initial hearing for the burglary suspect, Tinsley said, not even family members. He learned moments afterward from a deputy that the accused's mother and uncle were in the lobby, and he spoke to them before making his decision.

“I exercised judicial discretion and permitted the accused to sign his own $5,000 bond,” Tinsley said. “Mr. Jordan is incapable of comprehending this lawful process.”

Tinsley said that Jordan has attempted to make an issue of his practice of signing warrants at Tinsley's place of work, which is not in Fayette County, but no law currently exists suggesting that it is illegal, he added.

“I challenge Mr. Jordan to report to the citizens of Fayette County the number of individuals who, while under my cash or recognizance bond, have fled this jurisdiction or committed further crimes while awaiting trial,” Tinsley said.

“I further challenge him to demonstrate judicial impropriety on my part in this case. He will fail to do so on either issue.”

Tinsley said that Jordan's complaint stem from a “deep-rooted ulterior motive.” The fact that the judge is “not a puppet of law enforcement” but stands “independent, neutral and detached” from police is a source of “great consternation” for Jordan, Tinsley said.

“Judges stand between law enforcement and the citizens to keep a check on police power to ensure that the rights guaranteed to each citizen by the Constitution are not abused,” he added. “As a former homicide detective with the Atlanta Police Department, I know that some law enforcement officers have a lack of respect for this concept.”

Tinsley said that when each entity of the criminal justice system does its own duty and does not interfere with another entity, the system works best for its citizens.

As for his unavailability Friday night, Tinsley said he did not receive a message via his pager, and he asked the clerk at a Monday morning staff meeting to find him a new pager service, saying that he has had several problems retrieving messages.

“Any complaint from Mr. Jordan is quite humorous,” Tinsley said. “When I see him, I'll give him a whining towel to wipe his eyes.”


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