Accused cop-killer Veasna Jonathan Bun was indicted Wednesday in the death of Clayton County Sheriff’s Deputy Richard “Rick” Daly.
But did going before a Clayton County grand jury erase the 17-year-old’s entitlement to bond under the state’s 90-day unindicted defendant statute?
“Yes,” said Cobb County District Attorney Pat Head.
“No,” Atlanta defense attorney Jackie Patterson countered.
Last week, Bun’s attorney Lloyd Matthews requested his client be granted bond, despite having been denied bond by a Clayton magistrate judge, on the grounds that Bun had been jailed for more than 90 without an indictment.
“He’s entitled,” Matthews told The Atlanta Journal-Constitution last week, just before filing the request.
The bond hearing is scheduled for Nov. 11, more than a week after the indictment.
Head, however, said the hearing won’t matter.
“It’s not only that it’s moot, the magistrate loses jurisdiction,” he said. “There’s no reason to have the hearing.”
Patterson, who recently and unsuccessfully defended Devonni Benton in the murder case of Spelman College student Jasmine Lynne, begged to differ with Head’s contention.
“It doesn’t mean the Superior Court judge can deny him a bond,” Patterson said. “It doesn’t matter what they indict him on, the judge must set a bond. There are no exceptions.”
Bun, in trouble with the law since he was 10, was being sought by Clayton authorities the day of the July 20 shooting for an arrest warrant in a 2010 armed robbery.
Daly was among Clayton sheriff’s deputies who initiated the traffic stop that afternoon as part of the routine for apprehending a fugitive.
When Daly approached the car Bun was in, the teen allegedly stepped from the passenger side and fired at the 25-year police veteran, killing him.
Bun fled the scene on foot, and an eight-hour manhunt followed with dozens of police agencies joining the search before the teen was caught.
That was more than 100 days ago.
Clayton County senior assistant district attorney Erman Tanjuatco said the case wasn’t presented to a grand jury before the 90-day deadline because GBI had not completed its investigation of the shooting.
“Obviously, the completed investigative file is needed prior to our grand jury,” Tanjuacto said via email. “Due to nature of this case, all agencies involved desire thoroughness over haste.”
But the GBI disputed contentions that the agency held up any indictment.
“They can present it to a grand jury without a GBI file,” spokesman John Bankhead told the AJC last week.
Now the question remains whether this violent offender should be allowed the chance at bailing out of jail.
UGA endowed law professor Ronald Carlson told the AJC this particular aspect of Bun’s case will drive significant legal debate.
“However, the courts seem to be very strict on this 90-day statute, and very strict on enforcing it on its terms,” Carlson said. “Justice delayed is justice denied.”
In other words, Bun can still get bond, despite the indictment.
In his 1996 decision on the case of Kenneth Rawls, arrested on cocaine trafficking charges, Georgia Supreme Court Justice Norman S. Fletcher ruled that Rawls deserved to have bail after his 91st day in jail without being indicted.
“The language of this statute is unambiguous,” Fletcher wrote. “If the state refuses bail to an incarcerated person, then the state must present its case to a grand jury for indictment within 90 days. If the state fails to do this, then bail is mandatory.”
Patterson was correct and said Bun’s attorney was doing his job.
“As a defense attorney, you have an obligation to get your client out of jail,” he said.
Still, Matthews hedged his client’s chances of seeing the outside of a jail cell.
“Even though he may be entitled to a bond, he might not necessarily be entitled to a bond that he can afford,” Matthews said.
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