LOUISVILLE, Ky., (WDRB) -- On April 9, Louisville Metro Police arrested Antavis Ford on charges that included drug trafficking and being a convicted felony in possession of a handgun.
His bond was $15,000 cash, and he was listed as a “danger” in court records presented to the judge. But Ford was quickly released on his own recognizance, meaning he did not have to pay a bail.
Within a day, he was back in jail, charged with fleeing from police with a loaded handgun in his waistband, again allegedly in possession of drugs.
Ford’s release is not unusual in the age of COVID-19, as court officials across the country try to clear out jails and prisons as much as possible in efforts of stemming the spread of the highly contagious respiratory illness.
Metro Corrections, which has had overcrowding issues for years, is currently at its lowest daily inmate level in decades, down to about 1,200 from a population of 1,800 at the start of March. Still, while no inmates have been confirmed to have COVID-19, at least 18 corrections officers have tested positive.
The release of inmates during a global pandemic comes as Louisville faces a “pandemic of a significant increase in violent crime,” Metro Police Chief Steve Conrad said earlier this week. Police say there has been an 82% jump in non-fatal shootings this year and a 63% increase in homicides.
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Part of the problem, police and prosecutors say, is that judges are not simply releasing non-violent offenders or people close to serving out their sentence, but dangerous felons as well.
But Jefferson County’s chief district court judge says judges are trying to balance public safety and the rights of those arrested.
Still, there are examples that police and prosecutors say deviate from typical approaches from before COVID-19.
Kyle Kelly was charged with murder after allegedly shooting a man on April 11. Two days after he was arrested on April 14, he was released on home incarceration.
Sherman Hamilton was initially given an $80,000 cash bond after being arrested on several weapons, drugs and wanton endangerment charges on March 24. He was instead released without bond.
In an online town hall earlier this week, Conrad called some of the releases “somewhat shocking” and said he “wholeheartedly shares the officers’ frustration.” He said he has talked about the issue with County Attorney Mike O’Connell.
“I know our judges are doing their best to manage (jail population) from their perspective,” he said to Mayor Greg Fischer during the town hall. “But there have been some cases where people charged with murder have been sent home on home incarceration. … It doesn’t seem right that you would have people that have been accused of very, very violent crimes” let right back out.
He mentioned cases where people charged with felony strangulation in domestic violence cases have been released on home incarceration “right back into that environment.”
Take the case of Shawn Walker, who was arrested on April 1 and charged with strangulation, domestic violence and wanton endangerment for allegedly strangling a woman until she was unconscious,. He also shoved her head into the floor and pushed her down a flight of stairs, police say.
The day after his arrest, Walker was released by a district court judge without bond.
Conrad said there needs to be a balance between keeping inmate population down during the pandemic while also keeping the most dangerous inmates locked up.
Arrests during this pandemic are down more than 47% from this time last year, Conrad said in an email to WDRB.
“That is an indication to me that officers are making arrests where they are most warranted, for the most serious crimes against public safety,” he said in the email. “I am frustrated and concerned by some of the releases, particularly those with no bond, we have seen recently.”
In an email, Jefferson County Attorney Mike O’Connell said his office has worked with other court officials to help decrease the inmate population during the pandemic but “it is deeply troubling that some offenders charged with gun crimes or with violent histories are receiving low bonds or are being released within 24 hours before they even reach arraignment.”
O’Connell said that some “dangerous individuals” are being released without conditions before a prosecutor has had a chance to see the case and make an argument to the judge.
Judges are quick to point out that bond is not supposed to be a punishment, but a way to protect people from those deemed potentially dangerous and guarantee defendants show up for court. And studies have shown that bonds are not effective in deterring crime.
“I can speak for the 17 district judges in Jefferson County when I say our priority every day is how to balance a person’s presumption of innocence with the safety of the public,” Chief District Judge Anne Hayne said a statement. “One of the hardest things we do is weigh the many factors involved in a case to make decisions that are fair and just and lead to the best possible outcome for all involved.”
She said “rigorous” risk assessments are done on each defendant by pre-trial services to help a judge determine who will show up for court again or be a danger to society.
In addition, Hayne noted that a review of arrest and re-arrest statistics from Jan. 1 to March 16 of this year in Louisville shows arrests averaged more than 60 a day.
Since March 16, the average has dropped below 40 a day. And for defendants released from jail since then, only five percent have been re-arrested on a new crime, she said. That’s lower than the 2019 calendar year, when the re-arrest rate was 11 percent, according to Haynie.
“An arrest is not a conviction and defendants are presumed innocent until proven guilty,” she said. “They’re entitled to reasonable bail and the least restrictive release terms possible.”
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