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D.A. Blasts District Judge's Decision
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Author:  AWOBB [ Wed 28 Jun 2006 18:30 ]
Post subject:  D.A. Blasts District Judge's Decision

DA blasts district judge's decision

'Dangerous' persons released on 'good word' bond.

STERLING - The scene in the District Attorney's Office Tuesday afternoon was much like an emergency management control center directing people to safety in a crisis.
But the crisis is not a natural disaster of sorts - both clerks and attorneys scrambled to notify victims of two separate crimes that the alleged perpetrators - both of whom violated their bond conditions - were granted personal recognizance bonds during a court hearing earlier the same day.

Although two separate cases, District Attorney Bob Watson described the two individuals as dangerous and that the court should not have granted personal recognizance bonds, especially on repeat offenders.

Police arrested Jeremy Jay Fielding, 21, Monday for menacing and two counts of bail bond violation after he allegedly used a butcher knife to threaten another person.

District Attorney Bob Watson

Also on Monday, one week after posting bond on a Logan County Court domestic violence charge, police arrested Christopher Thomas Neel, 19, for allegedly harassing the same victim and violation of a restraining order.

Neel was charged with third-degree assault, resisting arrest, criminal mischief and violation of a restraining order - on the same alleged victim.

"I am deeply concerned," Watson said, adding that his office was notified at 1:55 p.m. for an unrelated juvenile detention hearing at 2 p.m. in addition to a 2 p.m. advisement on Neel and Fielding.

Watson said that his office was not aware about the juvenile detention hearing and by the time one of his prosecutors arrived in court at 2:05 p.m., the court proceeding was already over and the courtroom was empty.

As a result, no representation from Watson's office was present during the proceedings to review and consent to the terms set by the court.

"These are victims' rights cases and the court should not have given these two (Neel and Fielding) personal recognizance bonds. The victims are at risk here," Watson said.

The district's top prosecutor cited a state statute that reads: "Unless the District Attorney consents, no person shall be released on a personal recognizance if he is presently at liberty on another bond of any kind in another criminal action involving a felony or a Class-1 misdemeanor."

"It's been going on in this district and it's getting out of hand. There are more judges than prosecutors. We are the only place in the state that has more judges than prosecutors," Watson said.

"I'm deeply concerned that this is an out-of-control court if they can't follow the law. We need to protect the victims. Now we're scrambling to notify the victims," Watson said.

Watson added that there were no representation from the district attorney's office nor any of the victims present during what he described, as a crucial bond hearing - in which a bond is modified - on both defendants.

Monday, the Sterling Police Department arrested Fielding after he allegedly used a a butcher knife to threaten the life of a 22-year-old acquaintance.

Fielding, according to a police report, accused the alleged victim of stealing his dog and his bicycle.

Officers checked Fielding's background and found that he is currently out on bond for failure to appear on an original charge of obstructing a police officer as well as several other charges.

SPD officers arrested Neel Monday after he allegedly harassed and made contact with the same 18-year-old victim from his pending Logan County Court case.

According to the police report, Neel allegedly screamed, "I can't go back to jail, you're not arresting me," toward the officers who tried to subdue him.

Neel was placed in the police patrol car where he started kicking on the driver's side rear panel.

Another alleged victim came forward and claimed that Neel had assaulted him shortly before the arrest incident.

Neel has pending charges in District Court for forgery, theft, possession with intent to distribute a Schedule-2 controlled substance, possession of 1 gram or less of a Schedule-2 controlled substance and harassment. These charges are in addition to the domestic violence charge pending in county court.

"We will file a motion for the court to correct this act and revoke the bonds. If there is a violation of the victims' rights act we would encourage the victims to file charges," Watson said.

In an effort to get its side, the court advised the Journal-Advocate to file a motion to speak with the judge who handled the bond hearing and set a time in open court to discuss the matter.

In the meantime, the District Attorney's Office is baffled with the court's decision, he said.

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