Judge refuses to reimburse Louisville pastor who forfeited bond paid for defendant who fled trial

LOUISVILLE, Ky. (WDRB) -- A Louisville judge ruled a pastor will not be reimbursed a $70,000 property bond he forfeited when 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.

On June 6, Jefferson Circuit Court Judge Annie O'Connell expressed sympathy for David Fortney, who paid the bond for Jackson's release, but ruled he took on the responsibility for Jackson to appear in court and he fled before the trial had ended.

However, 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.

Attorney Jan Waddell, who represents Fortney, argued on Wednesday that since Jackson was back in custody within 10 business days, the judge could grant a motion to return the bond.

But O'Connell ruled that she included weekends when talking about 10 days, and that Fortney had nothing to do with Jackson being back in custody.

She said she had hoped Fortney would be able to help in getting Jackson to turn himself in.

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 Aug. 28. His bond is now $250,000 cash.

The Jefferson Commonwealth's Attorney's Office had 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.

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 Waddell claimed 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.

"The statute reads all he had to do is appear for trial," Waddell previously 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 previously testified.

Jackson's 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.

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