LOUISVILLE, Ky. (WDRB) -- A Louisville judge on Thursday lowered the amount of bond a local pastor will have to forfeit because defendant Vernon Jackson fled his attempted murder trial in May shortly before a jury decided they couldn't reach a verdict and a mistrial was declared.
Jefferson Circuit Court Judge Annie O’Connell had previously ruled David Forntney would have to turn over a $70,000 property bond he put up on behalf of Jackson, ruling Jackson’s actions were “utterly egregious” and Fortney had signed a contract with the court assuring he would appear.
But a new attorney for Fortney, Ramon McGee, argued that Fortney was “an innocent third party” who was the only one suffering by losing his property and argued that appellate courts have looked at the excessiveness of similar rulings.
“We are asking the court to reconsider what the penalty should be,” McGee said. “The amount of money is pretty substantial. ... Who actually would be injured in the context of a bond forfeiture? The person that would be injured in this case is Pastor Fortney.”
O’Connell noted that Fortney was no stranger to putting up bonds for defendants as part of his spiritual work in the community and that he understood the potential ramifications of what could happen.
However, O’Connell said that while she would uphold her previous ruling, she would allow Fortney to pay half of the amount, $35,000, in cash within the next six months.
“I appreciate you,” Fortney said to the judge.
This was the third time Fortney has been in front of O’Connell on the bond forfeiture issue. He had previously appeared with attorney Jan Waddell, who Fortney recently replaced with McGee.
Waddell had argued that Jackson fulfilled his bond conditions by showing up for trial March 4. He did not escape until after the trial had concluded three days later, Waddell said previously.
"The statute reads all he had to do is appear for trial," Waddell argued in court. "The trial was actually over."
But O'Connell ruled that all stages of the trial had not concluded, including the jury's verdict.
On Thursday, McGee took a different tact, acknowledging that Jackson violated the bond conditions and the judge was “well within her authority” in her ruling of forfeiture.
But McGee argued about the fairness of the order, telling the judge that Fortney did a favor for Jackson’s father, who was a friend, and even attempted to find Jackson when he escaped. He asked if the judge would consider altering the amount Fortney had to pay.
In her initial order, O'Connell ruled that if Jackson turned himself in within 10 days, she would reconsider her order.
Jackson was arrested June 20, two weeks after O'Connell's ruling. She said she had hoped Fortney would be able to help in getting Jackson to turn himself in.
McGee said he had people who knew Fortney prepared to testify that Fortney asked people who knew Jackson to help find him.
Officers pulled behind Jackson on Taylor Boulevard and Lynnhurst Avenue and he fled, according to a police report. After a short police chase, Jackson allegedly left the vehicle and was found hiding in bushes.
He was charged with fleeing from police, possession of marijuana and driving without a license. Jackson has pleaded not guilty.
Prosecutors are retyring Jackson on charges of attempted murder, assault and being a convicted felon in possession of a handgun. His next court hearing is scheduled for Oct. 10. His bond is now $250,000 cash.
Jackson was charged in connection with a shooting that left a man in critical condition in 2021.
His criminal trial attorney, Casey McCall, has withdrawn from the case. Had Jackson waited for the jury's decision, he would have been able to go home.
After four hours of deliberation, the jury couldn't come to a unanimous decision and the judge declared a mistrial.
O'Connell then issued a warrant for his arrest.
After the verdict, McCall said he would have argued that Jackson be taken off of home incarceration since the prosecution couldn't get a conviction.
This story may be updated.
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