Monday, March 24, 2008
Man Uses Violent Means to Avoid Bondsman
But the suspect, Preston Robbins, 25, suffered only minor injuries.
Robbins was supposed to appear in court on Jan. 16 for a hearing related to a charge of unlawfully starting a fire that destroyed his parents Maricopa home in 2006, according to court records.
But he apparently didn't show.
Taft Police Sgt. Ed Whiting said a bail agent tracked Robbins to a residence on the 400 block of Lucard Street Thursday afternoon and tried to take Robbins back into custody.
Whiting said the Robbins refused to go, and grabbed a knife and stabbed himself in the throat.
Taft police were called and arrived to find Robbins still holding the knife, Whiting said. The sergeant said Taft Police detective Corey Beilby talked Robbins into dropping the knife and Robbins was taken into custody without further incident.
Robbins was examined at the scene by firefighters and paramedics, then released to the bond agent.
Robbins was later treated at Kern Medical Center then booked into the Kern County jail, Whiting said.
Robbins is being held without bail, according to Kern County sheriff's jail records
He is charged with unlawfully starting a fire and failing to appear on a felony charge.
Maricopa Police originally arrested him on Sept. 19, 2006 after a fire broke out at his parents Maricopa home.
Bail For Sexual Crimes Questioned
Surely the severity of the charges merit that a person accused of committing the crimes face a bail amount that more appropriately fits the felony charges. Unfortunately, the bail in this case was reduced from $40,000 to $25,000.
The court is bound by the Eighth Amendment to the U.S. Constitution, which requires that bail not be excessive. Of course, Jimenez is innocent until proven guilty. However, perhaps the Legislature, which passes laws that mandate the bail schedule, should take another look, especially when other accused criminals with lesser charges have been given much higher bails.
Utah's soft hand in dealing with sexual crimes not only is reflected in the low bail amounts but in the sentences and the state registry that relies heavily on self-reporting of the offenders.
We respect the authority of the judge but do not agree with his decision to reduce the bail as much as he did. It took 11 days for the elderly woman to report the alleged crime because she was terrified. That should stand for something.
While the judicial system worked as it should within the confines of the laws set with the bail schedule and hearing process, it proved that sometimes laws do not necessarily equate to justice. That's why we encourage a review of the state bail schedule in relation to sexual crimes.
Periodically evaluating current laws is a display of good faith on behalf of the public. The Legislature should do so during the next session.
Unfortunately, it will do no good to the community or the victim in this case.
New Bounty Hunter Laws
The state Bail Bond Association supported the bill that now goes to the governor.
Unlike police, bounty hunters may force their way into a house without a warrant to find bail jumpers.
The Department of Licensing proposed the law after the Tacoma News Tribune reported bounty hunters were entering the wrong homes and arresting wrong people.
New Study About Crimes Committed on Bail
Police leaders said the figures proved a “systemic failure” in the judicial and sentencing process was undermining efforts to keep the streets safe.
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Figures obtained under the Freedom of Information Act by a newspaper showed that out of 462 murder cases last year, 79 of the accused suspects had been let out on remand over other crimes.
They follow a string of high-profile murders carried out by killers who had been freed from custody.
Nick Herbert, the Shadow Justice Secretary, added: “These shocking figures underline the need for tighter bail laws. Public safety must come first.”
In one county, Avon and Somerset, just under half of all those charged with murder in 2007 were on remand for other offenses.
Three suspects were on police bail, three on court bail and two on both court and police bail.
The statistics came from 34 forces in England, Scotland and Wales and did not include, amongst others, figures from the Metropolitan police, where the most murders took place last year.
One victim was Garry Newlove, 47, who was kicked to death outside his home in Cheshire last summer by killer Adam Swellings, who had been freed from custody earlier that day.
Last week an inquest heard that former Met police officer Garry Weddell shot dead his mother in law, Traute Maxfield, in Hertfordshire, and then committed suicide while waiting to be tried for the murder of his wife Sandra.
There was a further outcry when the coroner’s court heard that Weddell had possibly planned to kill more family members.
In January, when details of his case first emerged, Gordon Brown promised a review, saying: “If any changes in the law are necessary, we will make them.”
However last month it was revealed that 60 murder suspects were still walking the streets after being granted bail by the courts.
In manslaughter cases the figures are even more stark with 35 suspects out on bail - 85 per cent of those charged. Only six are in custody.
Courts are increasingly encouraged to use bail to ease the jail crisis which has led to the Government officially running out of cells for the first time.
Last month the “usable operation capacity” - the normal limit for inmate numbers - was exceeded by almost 100.
There are 2,000 overflow places, but many of these are in remote locations or otherwise unsuitable.
The latest Ministry of Justice figures show there are 81,914 inmates, 49 of which were having to be kept in police cells under the emergency Operation Safeguard scheme.
Police Federation vice chairman Alan Gordon said: “There are systemic failures in the judicial and sentencing process that need to be urgently addressed.
“The government must not allow a lack of prison spaces to dictate safety on the streets.”
A spokesman said bail was an independent judicial decision based on each case, and subject to conditions including curfews, financial sureties and the surrender of travel documents.
Some 64,800 suspected violent attackers were allowed bail in 2006.
Of these, almost one in ten - around 5,500 - did not return to court to face their charges.
Connecticut Wants Big Changes to Bail Bondsmen System
Legislators held a hearing today on a bill that would subject bondsmen to testing and routine training, and allow the public safety commissioner to suspend or revoke their licenses if there's misconduct.
The legislation would also transfer oversight of bail bondsmen to the Public Safety Department from the Insurance Department.
State Representative Michael Lawlor of East Haven says federal indictments of bail bondsmen and police in New Haven in an alleged bribery scheme show the need for reforms.
There's also evidence that some bail bondsmen are illegally undercutting one another to attract business, which has allowed some dangerous criminals to pay little to no bail before getting out on the streets.
Governor M. Jodi Rell supports the reforms.
Similar proposals have died in the legislature in the past.
Tuesday, March 11, 2008
Bail Bondsman Shot From Behind; Man Admits to Shooting
Chief Deputy Commonwealth's Attorney Matthew P. Geary said that James E. Carr, 20, has admitted to shooting James W. Woolfolk III early yesterday in a house on Joplin Avenue near Jefferson Davis Highway.
Carr was arraigned for Woolfolk's murder today by video conference with Richmond General District Court in Manchester. The hearing was conducted by video because of threats against Carr's safety by other inmates, Geary said. A preliminary hearing was set for March 26 in Richmond Circuit Court in Manchester.
Woolfolk, a 39-year-old Church Hill resident and father of a teenage daughter, was the first bail bondsman killed in the line of duty in the memory of people in the business. Jail inmates rely on bondsmen to bail them out of custody while they await trial.
Geary said Woolfolk died from shots to the back of the head, back of the neck and back. Woolfolk was attempting to arrest Carr for failure to appear in court last month on a charge of felony drug possession and three misdemeanor offenses.
Carr was arraigned today on those offenses, as well as a felony charge for failing to appear in court. General District Judge David E. Cheek Sr. set a trial date of April 2 on those charges.
In both cases, Carr was given a court-appointed lawyer, Dean Marcus, for his defense.
Briefs From the State Capitol
The bill, discussed Monday at a public hearing, would also subject bail bondsmen to testing and routine training, and allow the public safety commissioner to suspend or revoke their licenses if they commit misconduct.
Rep. Michael Lawlor, D-East Haven, co-chairman of the legislature's Judiciary Committee, said multiple federal indictments of New Haven bail bondsmen and city police officers involved in a bribery scheme point to the need for reforms this session.
There's also evidence that some bail bondsmen are illegally undercutting one another to attract business, allowing some dangerous criminals to pay little to no bail before getting out on the streets.
"This could have been prevented with the right oversight," said Lawlor, who expects more indictments. "It would not have gotten out of control."
Lawlor said the Public Safety Department, which oversees the state police, is better equipped to oversee the bail bondsmen than the Insurance Department, which typically handles various insurance matters.
Gov. M. Jodi Rell supports reform of the system, her spokesman said.
"The need for bail bonds reform is not new," said Christopher Cooper. "The bills have been put forth in each of the last several years, but never did get passed out of committee. What would be new would be legislative action on the issue."
Monday, March 10, 2008
Court Officer Payout Scheme
Jill D'Antona, a judicial marshal employed at the Superior Court on Elm Street in New Haven, pleaded guilty in federal court to soliciting and accepting a gratuity. In her position, which her superiors said she is in the process of resigning, D'Antona, 37, of Seymour, was assigned to courthouse security and prisoner transportation duties.
D'Antona is accused of taking thousands of dollars over at least five years from Robert and Philip Jacobs, two of the three principals in a family-owned bail bond business operating in greater New Haven. The Jacobses, who were charged earlier in connection with the same investigation, have admitted paying D'Antona for using her official position to get them business.
The Jacobses, along with their father, Robert, and former New Haven police Lt. William White, were the first to be arrested — on March 13 of last year — in the corruption investigation. It was revealed in court Friday that Philip Jacobs began cooperating with FBI agents soon after and, notwithstanding the enormous publicity generated by his arrest, secretly recorded D'Antona taking money during a series of exchanges that began two months later.
On May 11, 2007, after learning that a potential client being arraigned at D'Antona's courthouse needed a bail bond, Philip Jacobs phoned D'Antona and asked her to hold the arrestee in the courthouse lock-up, according to an affidavit filed in court. D'Antona agreed, essentially guaranteeing Jacobs an exclusive opportunity to write a $17,500 bond.
Three days later, the affidavit says, Philip Jacobs met D'Antona in the courthouse basement and recorded the conversation as he gave her $100 for the favor.
The following July, Philip Jacobs asked D'Antona for another favor. He wanted her to enter a holding cell and obtain a phone number from a man with a court-ordered $150,000 bond. D'Antona agreed, according to the affidavit. After using the number to call the man's family, Philip Jacobs arranged to write the bond. He made $2,000 on the transaction, the affidavit says.
Less than a week later, with his tape recorder running, Philip Jacobs arranged to meet D'Antona in the parking lot of a hamburger stand in Derby to pay her what he said was her customary fee — $200, or 10 percent of his $2,000 he made on the bond.
During the hamburger-stand meeting, according to the affidavit, Philip Jacobs recorded D'Antona saying, "I know it's funny that you called today because I need to borrow money. Five hundred. I don't know when I can pay you back."
Philip Jacobs replied, "That's all right. I have 200 that I was gonna give you for helping me with that bond. I can give you the rest tomorrow."
Jacobs set up a meeting the following day to deliver the extra $300. Again he recorded the transaction, according to the affidavit. He gave her the $300 and told her she could keep it, as long as she kept helping him out.
D'Antona asked whether it was safe for them to be conversing over Jacob's phone — implying that law enforcement might be listening in. Philip Jacobs said his phone was fine, but he expressed concern about the courthouse telephones. D'Antona said she would call from somewhere else if she could arrange to do so, according to the affidavit.
D'Antona worked as a judicial marshal from 2000 to December 2007, when she went on a leave of absence following her arrest. She was expected to resign Thursday, but officials at the state Judicial Department were unsure whether the resignation had been processed.
Both Philip and Robert Jacobs have told authorities that D'Antona, over an unspecified number of years, provided them with services that enabled them to beat their competition and cut expenses.
Over five years, Philip Jacobs said, he paid D'Antona at least $1,500. In addition, he said he cashed her personal checks, most of which bounced, and loaned her about $800.
Robert Jacobs told authorities he paid D'Antona for her help and because he was sympathetic to what he called her "difficult financial condition." State officials said D'Antona was paid about $3,000 a month.
Robert Jacobs said he paid D'Antona between $50 and $100 three times a month over at least two years. In addition, he said he cashed her checks, which he said "often bounced."
Car Crashes Creates New Question About Bonds for Illegal Immigrants
Utah County Sheriff Jim Tracy said Immigration and Customs Enforcement declined to investigate the immigration status of 21-year-old Gabriel Hernandez, while ICE officials say they were not properly informed of his arrest. Tracy said internal jail documents show that jail officials made two calls to the ICE office in Orem before Hernandez was released on bail.
Hernandez, of Orem, was arrested by Spanish Fork police on Jan. 31 and booked into the Utah County Jail on a charge of negligent homicide, a Class A misdemeanor. Police said he lost control of his car on an icy road and slid into 83-year-old Albert Burns, killing him. Hernandez was also charged with driving on a denied license and driving with no insurance.
On Thursday, Hernandez missed his arraignment at Spanish Fork's 4th District Court, and a no-bail warrant was issued for his arrest. Burns's wife fears that Hernandez fled to his native Mexico and will never face justice.
In a report, Diana Carrasco, a booking clerk at the Utah County Jail, said she made two calls to the ICE office in Orem asking if the agency wanted the jail to put an immigration hold on Hernandez so they could investigate his immigration status. She made the first call when Hernandez was booked into the jail and the other about an hour later as his mother was paying his bail, she wrote. The clerk also wrote that she faxed a booking report to the ICE office.
Because the charges against Hernandez were misdemeanors and because he had no history with ICE, the agent said "to go ahead and let him post bail and that they would watch for him to go to court. If he was convicted of the charges then they would place a hold on him," Carrasco wrote.
In another report, Deputy Trish Dawe said she spoke to Carrasco a few days later and asked whether she had faxed the booking report to the ICE office.
"She told me that during her discussion about this individual that '[The agent] did not have time to come down and interview [and] to let him go,' " Dawe wrote.
ICE spokeswoman Lori Haley said the agency was not made aware of Hernandez's arrest in a timely fashion. Haley said ICE agents attended the arraignment that Hernandez missed, and went to his apartment in Orem, which had been vacated.
"We weren't able to determine his alienage without interviewing him and obtaining the biographical information that we need," she said on Tuesday.
Haley also said that ICE's primary goal is to remove illegal aliens from the United States, not to assist local law enforcement with prosecutions. When it orders immigration holds on inmates, ICE prioritizes the "worst of the worst," Haley said, including violent offenders and suspects with terrorism connections.
"When ICE takes custody or places a detainer on an individual, it's to initiate removal proceedings," Haley said.
But had ICE been made aware of Hernandez's arrest and charges in time, Haley said the agency would have placed a hold on him so it could have investigated his immigration status.
Tracy said ICE agents had told the jail numerous times in the past that they usually only order holds on inmates who are facing aggravated or felony charges, who have a felony conviction on their records or who have been deported in the past.
Since no ICE hold was ordered for Hernandez, he was allowed to make bail. The $2,300 bail, $230 of which Hernandez had to pay for his release, was determined by a bail schedule established by the state.
Jail officials suspected that Hernandez may have been in the country illegally, but without an ICE hold, they had no grounds to deny him the same bail granted to anyone else, Tracy said. If they had, he said, it would have constituted a federal civil rights violation.
"We don't set that bail, and he has due process rights, and so if he can make the bail and he has no other holds, no other warrants ... he's going to be allowed to bail out," Tracy said.
Tracy said the jail has no way to verify immigration status on its own and has no authority to hold suspected or confirmed illegal aliens on immigration violations. Jail officials will contact ICE to ask if agents want to order a hold so they can investigate when an inmate sets one of several triggers. The primary trigger, Tracy said, is if the inmate was born outside the U.S.
The flap over Hernandez's release comes as the Legislature concluded its debate over a comprehensive immigration bill. The bill, which was submitted to Gov. Jon Huntsman Jr. on Tuesday, includes a number of reforms, including giving police officers more authority to enforce immigration laws.
June Christensen, a neighbor of Burns, said she and her husband, Ken, are offering a $10,000 reward for information leading to Hernandez's arrest and conviction. She said anyone with information on his whereabouts should contact the Spanish Fork Police Department.
"I'm sure that he didn't mean to do it, but he was driving without the privilege in the United States," she said of Hernandez. "We just want to bring him in if we can find him."
Bondsman Slain
After years of working at the family's restaurant and in the construction industry, Woolfolk started a bail-bonding business in Feburary 2007 with his brother, Kermit.
"He loved it," Kermit Woolfolk said. "He really loved to do the pickups. I don't know if it was the thrill of the chase or what."
One of those pickups led him in the predawn hours Thursday to a house in the 2300 block of Joplin Avenue in South Richmond, a working-class neighborhood just off Jefferson Davis Highway. He was looking for a man wanted on a felony warrant for failing to appear in court on drug and other charges.
James Woolfolk never made it out of that house alive, a grisly turn of events that now weighs heavily on his brother's mind. Kermit Woolfolk had been invited to go along, but he had other business that needed attention.
Richmond police reported to the brick-and-frame rancher at 2:22 a.m. and found Woolfolk, 39, shot to death.
Woolfolk is the first bail bondsman killed in the line of duty in Virginia in the memory of people in the business.
"I don't remember it ever happening in Virginia," said Carl D. Armstrong, president of the Virginia Bondsmen's Association and a member of the state advisory board for private security services.
Bondsmen acknowledge the inherent danger in their business, and a scan of newspaper sources showed at least one killing of a bondsman last year in Miami.
Two others -- one in Tennessee and one in North Carolina -- were killed in the line of duty in 2002. But such cases appear to be rare.
James Elbert Carr, the man Richmond police believe was responsible for Thursday morning's shooting -- and the man Woolfolk was tracking -- surrendered several hours later after police said he held seven people hostage in a house several blocks from the shooting scene and about a block from an elementary school.
Carr, 20, will appear today in Richmond General District Court in Manchester to be arraigned on a murder charge.
He had been arrested in January on a felony drug-possession charge and three misdemeanor charges. He was released on bond on those charges but failed to appear in court Feb. 20.
Woolfolk was attempting to arrest Carr to make the bond good. The warrant listed the house on Joplin Avenue as Carr's home address. A law-enforcement source said Woolfolk was alone when he entered the house, and he was allowed into the dwelling without force.
. . .
Kermit Woolfolk said when he and his brother started Woolfolk's Bail Bonding, James worked full time. Kermit kept his night-shift job at a manufacturing plant and helped James during his off hours.
Kermit Woolfolk is haunted by his last conversation with his brother, who called Wednesday evening before he went looking for Carr.
"He asked me what time I got off work and if I wanted to go with him on a pickup," Kermit recalled.
But Kermit had two other bonding cases to attend to, so James Woolfolk -- 6-foot-4 and solidly built -- went to Joplin Avenue without his brother.
"I guess he wanted me to go along with him," Kermit said softly, wiping away tears.
Nothing in state law requires a bondsman to be accompanied in apprehending someone who has skipped bail, but it is standard practice.
"You just don't do it by yourself," said Armstrong, a bondsman for more than 20 years who works for Duvall Bonding Inc. in Fairfax County.
The Virginia Department of Criminal Justice Services will investigate Woolfolk's death and whether he operated within the rules established by the state since it began regulating the bail-bond business almost three years ago.
. . .
The homicide investigation turned into a hostage standoff just after dawn Thursday, when police used a tip to track Carr to a relative's house a few blocks away in the 1800 block of Joplin, near Oak Grove Elementary School.
Police said Carr was holding four small children and three adults hostage in the house.
They surrounded the house, cordoned off the area for blocks around, and prompted the school to delay opening.
Children walking toward school were sent home. School buses were diverted to the Arthur Ashe Center.
Police began talking with Carr around 6:30 a.m., and he surrendered about 8:10 a.m. Police recovered a gun from the scene.
"They did a terrific job of locating him and getting him into custody without incident," said Chief Deputy Commonwealth's Attorney Matthew P. Geary, who will prosecute the murder case against Carr.
Woolfolk was a graduate of John F. Kennedy High School in Richmond and was taking classes at Saint Paul's College in Lawrenceville, said Alicia Rasin, a family spokeswoman who has known the Woolfolk family for years.
Woolfolk is survived by a 14-year-old daughter.
He had worked at Woolfolk & Sons Seafood Restaurant, which his family has operated for more than 30 years on Mechanicsville Turnpike. He also had worked in the plastering business with his father James W. Woolfolk Jr., who also had served as a bail bondsman.
A few hours after Carr's arrest, Kermit Woolfolk sat in a television room of his Chesterfield County home and struggled to find the right words as he recalled his brother and business partner. "Just a great person," Woolfolk said. "Everybody loved him."
Investigator: It's No 'Dog' Show for Real-Life Bail Agents
Real bail-recovery agents don't use "Dog the Bounty Hunter" tactics, says a New Hampshire private investigator who's furious about a recent case in Hampton, N.H., in which three alleged "agents" were charged with handcuffing a woman and interrogating her at gunpoint. According to Frank Abramovitz, a private investigator and former Massachusetts police officer, bail recovery agents in New Hampshire work through local police departments to recapture those who've jumped bail. They never brandish a badge, never handcuff witnesses and never point guns at witnesses' heads. Abramovitz called The Daily News of Newburyport to press his point after reading the account of the recent arrests of Hampton, N.H., residents Robert Zucchari, 38; Nicholas Theisen, 55, a former Marblehead resident; and Jeaninne Anno, 28. According to police documents on the incident, the three were arrested on felony charges related to criminal restraint on Thursday, in connection with a Feb. 14 incident in which they were charged with handcuffing Christine Zamora in her Hampton apartment and holding a gun to her head while pressing her for information about other people. If convicted of the charges, each could serve 31/2 to 7 years in jail. Zamora and a witness reported to police that the three identified themselves as "federal bail agents," had gold badges, and were wearing guns while they spent 15 minutes aggressively interrogating a handcuffed Zamora after barging into her apartment. "There's no such thing as a federal bail agent," Abramovitz said yesterday, speaking from Maryland. "They had no legal right to handcuff her. Bail recovery agents can only handcuff the prisoner they're going after. They're not a police officer; they're not law enforcement. In New Hampshire, by law they're not allowed to carry any kind of badge. I don't know who they are or who they thought they were." Abramovitz said such actions really hurt the reputation of legitimate bail recovery agents, colloquially known as bounty hunters. He said if the allegations are true, it only reinforces the mistaken impression given by a reality-based cable TV program titled "Dog the Bounty Hunter," which follows the exploits of Duane "Dog" Chapman and Da Kine Bail Bonds of Honolulu. "People think what they see on "Dog" on TV is the way everybody works," Abramovitz said. "I've never seen bounty hunters act like that, and as a matter of fact we're trying to get away from the words bounty hunter because of that. Half the bounty hunters I know have no use for Dog because a lot of what he does is very wrong. I've never kicked in a door in my life." Abramovitz, 68, said he's never heard of these three individuals recently arrested in Hampton and he's familiar with the others in his field in the state. Further, Abramovitz checked the roster of the National Enforcement Agency — a professional organization for bail recovery agents — and he couldn't find their names. He checked other memberships of similar organizations and still couldn't find them. Licensed private investigators are allowed to recover individuals who jump bail in New Hampshire, Abramovitz said. He and members of his firm, AMK Investigations, work in a number of states, including New Hampshire, Maryland and Maine. When he has to retrieve someone for the bail bondsman, Abramovitz works with local police providing an array of information, including specific descriptions and following protocols. It's police, he said, who usually take the people he's after into custody, usually while he's with them. "This is the kind of stuff that hurts us," Abramovitz said about the alleged behavior of the three arrested. "These guys come in like fools. You can get any kind of badge you want off the Internet these days." In New Hampshire, there are strict regulations spelled out in state law determining the behavior and credentialing of private investigators and bail recovery agents, he said, and the same is true in Massachusetts. Abramovitz said he'd be happy to help officials learn more about the proper behavior for bail recovery agents.
Tuesday, March 04, 2008
Cleveland Bail Bond Agency Helps Break Prison's Revolving Door
At Quick ‘n Easy Friendly Honest Bail Bonds, their experienced, knowledgeable staff is ready to assist you with your decision, every step of the way.
Many of the defendants who post bond out are in and out of the justice system. At Quick ‘n Easy Friendly Honest Bail Bonds, they strongly believe that a lack of jobs contributes to the situation.
“We prefer not to have repeat customers,” Phil Pavarini, Jr., owner of Quick ‘n Easy Friendly Honest Bail Bonds said. “Most of our clients are, in their hearts, good people who have made some bad choices. At our agency, I try to give them the tools they need to make a better life for themselves.”
The first step in the right direction, Pavarini said, begins shortly after one of his licensed bondsmen arranges for you or your loved one’s release. To help people break the cycle, and because it is important to show the courts the person arrested is making an attempt toward a productive life, Quick ‘n Easy Friendly Honest Bail Bonds provides referrals to vocational training and job placement assistance.