Louisville pastor must forfeit bond paid for Louisville defendant who fled trial before verdict

LOUISVILLE, Ky. (WDRB) -- A Louisville minister forfeited a $70,000 bond Thursday because a defendant on trial for attempted murder fled before the jury reached a verdict, and, in doing so, violated the conditions of his release.

Jefferson Circuit Court Judge Annie O'Connell expressed sympathy for David Fortney, who paid the bond for Vernon Jackson's release, but ruled he took on the responsibility for Jackson to appear in court and he fled before the trial had ended.

"You made a civil agreement, a contract with this court ... that you would ensure that Mr. Jackson would appear," O'Connell ruled. "I appreciate your willingness to believe in rehabilitation and the glass is half-full sort of view you have. ... (But) I find that it was utterly egregious what happened in this court."

The extraordinary legal question is playing out in Jackson's case while he is still on the run as both sides argued when exactly the obligations are upheld after someone posts a bond that allows a defendant to remain out of jail as long as he or she shows up for hearings and the trial.

If Jackson turns himself in in the next ten days, O'Connell ruled, she will reconsider her order.

The Jefferson Commonwealth's Attorney's Office argued that the bond posted for Jackson in January should be forfeited because Jackson cut off his home incarceration program bracelet and escaped while the jury was deliberating charges of attempted murder, assault and being a convicted felon in possession of a handgun.

Jackson was charged in connection with a shooting that left a man in critical condition in 2021.

Prosecutors argue he violated Kentucky criminal procedures on bond by "failing to appear for the remainder of his jury trial, and not staying in touch with his attorney," Assistant Commonwealth's Attorney Milja Zgonjanin wrote in court records.

But attorney Jan Waddell, who represents Fortney, 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 Thursday.

"The statute reads all he had to do is appear for trial," Waddell argued in court. "The trial was actually over."

O'Connell ruled that all stages of the trial had not concluded, including the jury's verdict.

"This matter is still active and pending," she ruled. "This case has not concluded."

Waddell said that Fortney, pastor of Kingdom Come Church, knew Jackson's father and was only trying to help "out of the kindness of his heart."

"It's like I'm on trial for trying to help somebody," Fortney testified.

Jackson's 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 issued a warrant for his arrest.

Prosecutors will retry Jackson on the original charges as well as charges involving his escape.

After the verdict, McCall said he would have argued that Jackson be taken off of home interaction given the prosecution couldn't get a conviction.

Once arrested, his bond will be set at $250,000.

The ankle monitor was recovered but Jackson has not been found.

On April 9, 2021, Jackson was at a gentlemen's club at 3608 Seventh Street Road and had just paid to get in when there was a shooting in another part of the club, causing the business to immediately close.

Police have said he became upset because he had just paid to get in and the employee working the door offered to repay Jackson from his own pocket because Jackson's money had been placed in a locked drop box, but "Jackson was still angry."

That's when Jackson "came at" the employee who ran from the business to a nearby gas station with Jackson chasing him, according to police. The employee then began running along Berry Boulevard, as Jackson got into a car and continued chasing him.

As the man ran between two buildings, police say Jackson got out of the car and again demanded his money before pulling a gun and shooting the victim "several times in the abdomen and extremities" before leaving the scene.

The victim was taken to University Hospital in critical condition with life-threatening gunshot wounds.

Investigators reviewed surveillance video from the gas station with the victim, who was able to identify Jackson as the person who shot him, according to police.

Jackson has pleaded not guilty.

This story may be updated.

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