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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