DA Office Update 3/16

Shelby County District Attorney sent this bulletin at 03/16/2023 04:42 PM EDT

DA Office Update

Convictions and Indictments

Last week, ADAs Devon Dennis and Paige Munn won guilty as charged verdicts for 2 charges of Especially Aggravated Kidnapping, Aggravated Rape, Aggravated Assault, and Aggravated Cruelty to Animals. In this case, the defendant led two victims (both minors) to a house where he produced a knife, and sexually assaulted one victim and stabbed the other. The victims escaped, and when the police arrived the defendant set the house on fire with himself inside, killing a dog.

ADAs Michael McCusker and Paul Lichlyter won guilty as charged verdicts for Criminal Attempt First Degree Murder, and Possession of a Firearm in the Commission of a Dangerous Felony. In this case, the defendant entered a barber shop with an AR-15 style firearm and shot the victim in the chest. The victim survived.

Aggressively prosecuting not only cases of murder, but cases of attempted murder, as opposed to pleading to lesser charges, will put violent offenders behind bars before their crimes escalate.

SCDAG Policy on Non-fatal Shootings

Some months back, we adopted a new policy regarding the prosecution of cases of non-fatal shootings (e.g., Aggravated Assault). Data shows that in past, non-fatal shooting cases were being permanently dismissed pre-indictment in General Sessions Court due to reasons such as "victim did not appear," or "victim and/or witnesses were uncooperative."

Our ADAs now adhere to the following guidelines in prosecuting non-fatal shooting cases, whether the victim is injured or not:

Prosecutors can’t dismiss a case without the approval of Deputy DA, the No. 2 person in the office.
If a defendant is out on bail, prosecutors should move to revoke the defendant’s bond (i.e., put them back in jail) if they commit an offense threatening public safety.
Prosecutors must check the system for any other cases involving the defendant, as many are serial offenders.
Both prosecutors and investigators must check any ballistics evidence with the NIBIN national ballistics database to see if there are any matches regarding other cases.

FAQs: Shelby County's New Bail System

We've been getting a lot of questions about how the new bail system works, and how it will or will not affect public safety. In order to make this information more accessible to you, we've put an explainer on our website detailing how the new system works, and the research behind the process. Below are the highlights, click here to read the full summary. Also, be on the lookout for a guest editorial on this subject in this weekend’s Commercial Appeal.

The new system includes: a new bail hearing courtroom; individualized bail hearings with counsel no later than three days after a person’s arrest; and examination of a person’s financial circumstances prior to bail decisions using the Vera Institute for Justice ‘Ability to Pay’ calculator.

Why the need for an updated system? In the prior system, the ability to pay was not a factor of consideration, leaving those who could not afford to pay detained indefinitely. This is unfair because those who faced the same charges but could afford to pay bail were freed until trial.

Does bail reform threaten public safety? Research has shown that releasing people pretrial does not threaten public safety. Additionally, there’s no clear evidence linking bail reforms – which have been in place for years in some cities – to the recent rise in violent crimes. In fact, the majority of cities that have seen increases in crime have not eliminated cash bail. Prior to that recent crime rise, cities which did reform their bail systems did not see more crime.

Does the district attorney's office set bail? No. Only judges and judicial commissioners set bail. The initial bail/detention determination is set without the involvement of the DA’s office. At the bail hearing, the DA can (but does not always) make a bail recommendation, but it is a recommendation only.

Does the new system eliminate cash bail?
No. Cash bail remains. The difference is that before the bail amount is set, the defendant is entitled to (a) a hearing and (b) an examination of his actual finances and ability to pay.