Temple Daily Telegram - tdtnews.com

Setting bail not a precise procedure

BELTON - Five guards escorted 44-year-old Charlie Villines Jr. to a small courtroom inside Bell County Jail on Thursday for a bail setting.

Villines was arrested in Temple on a misdemeanor criminal trespass charge. He was extremely upset and agitated, and guards were concerned he might turn violent.

His appearance before Judge Ted Duffield, justice of the peace in Precinct 1, was his 106th bail setting, and it came on Villines’ birthday of all days.

If any of the guards knew this fact, they didn’t say. They all appeared to know him but their interactions with him were, well, guarded.

Duffield explained to Villines he has certain rights and set a bail of $3,500. Villines cursed, said he didn’t have the money to make bail and was tired of being arrested, claimed he wasn’t really Charlie Villines and didn’t know him, and finally he refused to sign the paperwork.

“We’ll get him a court appointed attorney because he’s not capable of making decisions right now,” Duffield said as Villines, who appeared before him handcuffed, was led away to a cell where he could have some time to himself.

For the past 13-plus years Duffield has set bail for people charged with crimes in Bell County. He understands his role is not to administer punishment. Appearing before a judge to have bail set is usually not as exciting as Villines made it Tuesday. In fact, the process is routine and generally takes minutes.

But Duffield has received criticism lately because a 17-year-old who initially received a $1 million bail ended up dying while in custody. The cause of death is still being investigated, but foul play is not suspected.

Duffield admits John Thompson’s bail was high for a criminal mischief charge but when he set the teen’s bail, Duffield said did not have all the facts of the case and based his decision largely upon the recommendation of G.W. Ivey, justice of the peace in Precinct 3. Ivey signed the arrest warrant and spoke with investigators working the case.

When Thompson was magistrated, the only information in front of Duffield was the charge and the recommended bail, which he affirmed, as is his practice.

Much of the criticism levied at Duffield is coming from local defense attorneys.

County Commissioner Richard Cortese, Precinct 1, said the public generally cares little about bail amounts.

“Defense attorneys and family members of the person arrested are the people who usually get upset and complain about high bond amounts,” Cortese said.

He pointed out that crime victims generally believe bail amounts are too low. They want the person who broke into their house to stay behind bars, he said.

In addition to Villines’ bail, Duffield made bail determinations for 11 others on Thursday.

Two Temple men, Karon Johnson, 19, and Katory Freeman, 21, had bail set at $100,000 each, recommended by David Barfield, a Precinct 3 justice of the peace. They were charged with aggravated robbery for an early morning incident in which police say they kicked in an apartment door and brandished a gun.

Alan Jones, 34, sat with his head down as Duffield spoke to him. Jones had a cut above his left eyebrow and a bloody shirt. He was charged with driving while intoxicated after police say the truck he was driving crashed into a house in the Belton area, damaging three rooms. Jones, who refused a breath test, was given a bail of $1,500.

Donald Flowers, 26, appeared before Duffield on a charge of Class C misdemeanor fighting in public. He entered a plea and was fined $200 and released later in the day.

Eddie Fillmore, 62, and Ashley Lockhart, 21, both received bail amounts of $2,500 in connection with misdemeanor assault charges.

The five others were in Bell County jail on warrants from other counties and received bail amounts ranging from $1,000 to $25,000.

Duffield said he sets bail for between 250 and 300 people each month. The courthouse in the jail is in a cinderblock room about 10 feet by 12 feet, with what looks like an old church pew for the prisoners to sit on.

“Some of these are judgment calls,” Duffield said.

promer@temple-telegram.com

 
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