Tuesday, June 17, 2008

Did Bondsman Facilitate Dragging Accident?

A Lander man admitted Thursday to dragging another man under a sport utility vehicle while driving drunk in Casper in December.

Doug Downs, 40, told a Natrona County District Court judge that he was under the influence of alcohol when he dragged Casper resident Jeff Irene more than a mile.

He had been arrested twice on Dec. 30, the night in question. The first time was for drunken driving, and when he was released from jail, he said his bondsman returned him to the establishment where he had been.

That was when the "accident occurred," he said.

Downs admitted to having a blood-alcohol level of .11. In Wyoming, a person is considered too drunk to drive if his blood-alcohol level is more than .08.

Wearing a black leather jacket, white button-down shirt and black boots, Downs stood politely before Judge Scott Skavdahl and pleaded guilty to charges of driving under the influence and driving under the influence causing serious bodily injury.

Authorities say Downs was driving the Chevrolet Tahoe that dragged Irene through Casper in the early morning on Dec. 30.

Irene suffered massive internal injuries. He spent more than four months in the hospital and returned home in mid-May.

Downs told police earlier than he found Irene lying in a ditch when he returned home from the Sandbar Lounge.

He was not sentenced during Thursday's change-of-plea hearing. The judge did say the two sentences would run concurrently, which means he could face up to 10 years in prison with credit for time served. Downs may also be told to pay restitution to Irene.

As part of the plea agreement, prosecutors dropped an original charge of aggravated assault.

Assistant District Attorney Dan Itzen said the charge of driving while under the influence and causing serious bodily injury is a new statute, which went into effect in July 2007.

Downs remains free on a $50,000 bond.

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Bail Bondsman Investigated in Shooting

Nathan Hingson is one of about 140 bail bond recovery agents operating statewide.

Similar to "Dog the Bounty Hunter," the reality TV star with the mullet and muscles, recovery agents in Washington are licensed to put fugitives in handcuffs, carry weapons and force their way into people's homes.

Hingson opened fire in a busy Lake Stevens convenience store parking lot Friday when he was trying to arrest a fugitive. Lake Stevens police are investigating the shooting.

They are scheduled to meet with Hingson on Wednesday, at the bail recovery agent's request, Lake Stevens Police Chief Randy Celori said Monday.

State officials on Monday also opened an investigating of the shooting.

Hingson was trying to detain a Lake Stevens woman, 25, who allegedly has missed court dates and is wanted on multiple misdemeanor arrest warrants carrying nearly $23,000 bail.

Hingson said the woman was in a pickup outside the store and he told her to stop. Instead, she started the truck. He punched out the driver's window. Then she tried to run him down, Hingson said. That's when he said he shot at the pickup to get her to stop. Police are still trying to piece together exactly what happened.

Hingson said he was trying to arrest the woman because she is a fugitive and he guaranteed a court that she would show up. If she fails to appear in court, he could be on the hook for entire bail amount.

Linda Braswell is president of the Professional Bail Agents of the United States. She said she has been a bail bonds agent for nearly 40 years, hunting fugitives in Florida. She has never fired her weapon.

"No one is worth me getting killed or me killing them," she said. "I'm not going to try to outrun or outshoot someone. I don't know any other legitimate bail agent that wants the liability that could be brought against us by the misuse of a firearm or any other weapon."

Hingson's attorney, Julian Denes of Everett, on Monday said his client has done nothing wrong.

"It has been indicated to me that in over 18 years of being a bail bondsman my client has never had to resort to shooting his gun," Denes wrote in an e-mail. "Further, he was in fear of his life, over a known criminal who has a warrant out for her arrest, when he discharged the weapon. He was clearly defending himself."

Although bail bond recovery agents arrest people and many are licensed to carry firearms, they do not have the same authority as police, nor are they governed by the same rules.

Typically people pay bail bond agents a fee to avoid sitting behind bars while they wait for their court date. The amount varies, but often is about 10 percent of the bail set by a judge.

Courts issue bail to defendants because of constitutional assumptions of innocence until somebody is proven guilty. Bail is intended to insure the defendant shows up in court.

The woman signed a contract with Bail Bond by Nate, Hingson's Lynnwood business, Hingson said.

The woman remained free Monday. Her legal troubles include allegations of driving with a suspended license, driving under the influence and making false statements to police.

Police don't believe the woman was injured Friday by the gunfire. Detectives want to interview her.

"We want to get the specifics on what happened during the incident and hear her version of the events," Celori said. Detectives aren't searching for the woman and will wait for her to get picked up or turn herself in.

It's against the law to discharge a firearm within Lake Stevens city limits, Celori said. Lake Stevens police have impounded Hingson's handgun as evidence.

Lake Stevens detectives also will gather evidence to forward to Snohomish County prosecutors to determine if Hingson was legally justified in using deadly force.

Anyone who shoots at someone else faces potential criminal charges, including illegal discharge of a weapon, assault or even attempted murder, Snohomish County deputy prosecutor Mark Roe said.

When a firearm is used, prosecutors must decide whether a person acted in self-defense, Roe said.

"Police, bail bondsmen, anyone -- everyone's conduct is looked at the same way," he said.

In his more than 20 years as a prosecutor, Roe said he hasn't encountered a similar case.

Hingson also is being investigated by the state Department of Licensing, the state agency that regulates the bail bond industry.

It's not the first time Hingson has had to answer questions from state officials.

In February 2007, the state alleged Hingson failed to keep adequate records, committed "material fraud" and failed to maintain a trust account for his business. His bail bond agency license was suspended and he was ordered to take accounting classes. Hingson said he and his wife were victims of a Las Vegas-based bail bond business that set them up.

The Las Vegas company, Bail Bonds America, sued Hingson and his wife in 2005. Among other things, the Nevada company alleged breach of contract, theft and fraud. In court papers, Hingson countered that he and his wife did nothing wrong. A Seattle police investigation in 2005 determined that Hingson and his wife did not commit fraud against the company, according to documents Hingson filed with the court. The lawsuit was dropped.

The state issues different bail bond licenses, some for operating a business, others for issuing bonds and a third for bounty hunters.

Shortly after Hingson's business license was suspended, he obtained a bail bond recovery license, the license to find and arrest "skips," people who have missed their court date.

In April 2007, Bail Bond by Nate was opened by Hingson's wife and a friend.

After the business started, state regulators received a complaint that Hingson may have been issuing bail bond contracts, despite his suspended bail bond agent license.

No evidence to support the complaint was found, said Brad Benfield, a Department of Licensing spokesman.

Bounty hunters can carry weapons, but they are governed by the same rules that apply to everybody else, Benfield said. They can only use firearms if there is an imminent threat to their life, or someone else's life.

Friday's incident, added to a fatal shooting by a bail bondsman last month in Pierce County and the legal troubles of TV's Duane "Dog" Chapman, reinforce a negative stereotype about the industry.

"This business conducts itself in a really professional manor and does a real service to the community," Mike Rocha said. He's an Everett-based recovery agent who's been working in the field for 25 years. "It's our responsibility to make sure (defendants) show up in court."

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Goldberg Family Bonds

Goldberg may not be the most common name in Minnesota. But thanks to the signs that say "GOLDBERG BAIL BONDS" on benches and buses across the Twin Cities, Goldberg is one of the most recognizable names.

This week, Goldberg Bonding celebrated its 100th anniversary of getting people out of jail. To mark the occasion, Scott Goldberg met Patti Goldberg for the first time.

"Are we related?" I asked.

"Yes, we are," she laughed.

We're really not.

But the way Goldberg (Patti) sees it, everyone who visits her office - even if their last name isn't Goldberg - is family.

"We are families serving families for 100 years," she said. "Pretty damn good."

Patti owns the bail bonding business that's been passed through her (actual) family since 1908. Her grandfather, Morris, was a Russian immigrant in Saint Paul who helped other immigrants with legal issues.

Morris' business turned into the bonding business, which Patti's father, Bud, took over in 1957. Bud then turned over the business to Patti in 1997.

"I swore, like every girl would, that they'd never work in daddy's business," she said.

Why?

"Because when everybody says 'What does your dad do?' they say 'doctor,' (or) 'insurance,' and I'd be like, 'bail bondsman,' " she said, covering her face in mock shame.

Bail bonding has kind of a weird image, thanks very much to the popular A&E series "Dog the Bounty Hunter."

Dog, a cross between a Hell's Angel, a heavy metal groupie, and a post-apocalyptic warrior, rides around with a tattooed posse hunting down fugitives who jumped bail.

"We gotta be really careful," Dog said in a typical episode, speaking into a two-way radio while he was in hot pursuit of someone. "He's gonna be really schizo."

To be sure, Dog's last name is not Goldberg.

Patti explains her business like this: "Someone's in jail, they get a bail set, someone calls us, we post their bail, we get them out of jail."

And if someone jumps bail, Goldberg uses a private investigator to track them down. She said only about six percent of Goldberg bail jumpers are never found.

Goldberg Bonding celebrated its anniversary Wednesday night with a reception in the rotunda at Minneapolis City Hall. Patti introduced just about everyone there as a member of her family.

"This is my Saint Paul family," she said in a typical exchange.

Her business family now has six offices across the state and also works in Iowa and the Dakotas.

"I'm working with women and fathers and mothers and girlfriends who are just really upset their loved one is in jail," she said.

It's a family that spent the last century adding relatives, like this reporter, or at least making sure everyone recognized the family name.

And as I left her office, she said, "Thank you, my new relative."

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Bail Bondsman Attacked with Knife

The Charlotte County Sheriff's Office has filed more charges on 28-year-old Shane Steele after he pulled a knife on two bail bondsmen and was shot Monday.

After being shot in the leg, treated and released from an area hospital, Steel was originally charged on an outstanding Sarasota County warrant for Home Invasion Robbery with a Deadly Weapon and Attempted Murder.

The new charges filed were two counts of Assault With Intent to Commit Homicide, and two outstanding warrants for Robbery and Failure to Appear in a Charlotte County court.

Two licensed Bail Bondsmen from A Way Out Bail Bonds were acting on a tip that Steele would be at the Luther Road apartment complex. The bondsmen spotted Steele, a physical struggle ensued, and Steele pulled out a knife. Both bondsmen pulled their firearms ordering him to drop the knife. Steele displayed the knife in a threatening manner saying several times, "I'll kill you," then came at the bondsmen and they both fired, hitting Steele in the right upper portion of his leg.

Steele kept the knife and fled into an apartment where he barricaded himself in the bathroom.

The CCSO Fugitive Warrant Squad detectives arrived and established communications with Steele who told Sgt. Rick Goff that if he attempted to enter he would "cut his throat." Forced entry was made, Steele continued to resist and a Tazer was activated. Steele remains in the County Jail without bond.

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Monday, June 02, 2008

Bondsmen and Police Track Man Wanted on Meth Charges

Authorities used a helicopter and tracking dogs to help corner a man wanted on charges of failing to show up in court on methamphetamine charges.

Police officers pitched in to help bail bondsmen who were trying to arrest 36-year-old Brian Gregory Payne.

The two-hour search began Monday afternoon near Etowah High School after a police officer saw the bondsmen in a yellow Mustang pursuing Payne.

Payne drove into woods, got out of the car he was driving and ran away, but he later called a police officer he knew and agreed to surrender.

Sheriff Todd Entrekin said the man was charged last year with manufacturing methamphetamine and other drug-related felonies. He was free on bonds totaling about $50,000 but is now being held in the county jail.

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Bail Bond Business Bucks City Ordinance

Brandon will hold a public hearing next week to discuss a bail bonding company's attempt to move into a vacant downtown Brandon building.

New bail bonding businesses, along with tattoo parlors, check cashing businesses and others are forbidden by a city ordinance passed earlier this year.

City officials say the ordinance is designed to reinvent the area as an arts and antique district.

"I've always felt like we needed downtown to be a special area," alderwoman Yvonne Bianchi said. "In my opinion, there are enough bail bondsmen."

George Sandifer, owner of American National Bail Bonding Agency in Pearl, said he was denied a license, even though he applied for it the day before the ordinance took effect.

Sandifer spoke to the Brandon Board of Aldermen in April, but the business has been in limbo ever since.

"This thing was planned ahead of time, and it was planned to adhere to the historical society (exterior regulations)," he said. "I just feel like we should be allowed to proceed."

Sandifer said he doesn't feel that the spirit of the ordinance matches up with the reality of his business.

"We're not a fly-by-night outfit," he said. "Our offices are on the line of an attorney's office."

Sandifer said he thinks people may have an unfair stigma attached to their perception of the business.

(We're not) "like Dog the Bounty Hunter," Sandifer said of the A&E television personality. "I don't think that represents our line of work. We have a dress code. We're business people."

Sandifer said the business, which would be named American National Surety, would not feature a lighted sign or be open at night.

Bianchi said she's open to discussion about how the business may be different from others but said it will be a hard sell.

"They can call it whatever they wish, but it's still a bail bondsman," she said. "They're going to have to convince me that this is not going to take away from the concept that we have."

Alderman Tim Coulter, who has organized a downtown revitalization committee and is a supporter of the downtown ordinance, said he'd like to see a different business occupy the now-vacant building.

But Sandifer believes such an approach ignores one of the key features of Brandon's downtown: the Rankin County Jail and courthouse.

"Anywhere in the country, you're going to see these type of businesses near the court or the jail," he said.

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Bondsmen Serve Warrant, Standoff Ensues

Bail bondsmen went to serve a warrant to a woman in Everett, but that led to a two hour standoff happened instead.

The bail bondsmen went to the apartment in the 3500 block of Rucker Avenue around 7:30 p.m., said Everett police.

The agents encountered a man instead who according to police, threatened to shoot the men.

Everett police responded to the scene and surrounded the apartment.

Police were not able to get the man to come out of the apartment, so the SWAT team was called to the scene.

After more than two hours in a standoff, the man agreed to come out and no shots were ever fired.

The man, who is in his 50s, was taken into custody.

Police said they do not know why the man was threatening. They do not believe he had any warrants out for his arrest.

The woman bail bondsmen were originally searching for has not been located.

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Bounty Hunters to Become Key in Trinidad?

Opposition Leader Basdeo Panday has suggested the formation of a Bounty Hunters Inc to bring criminals to justice.

He called for the group's formation because he said people had a fundamental and human right to defend themselves if the Government could not do so.

Panday, who was addressing a UNC-A public meeting in Chase Village, Chaguanas, on Monday night, said Bounty Hunters Inc would not only "be simple but legal".

He said 40 businessmen could put up $500,000 each and create a fund of $20 million "and let the criminals know that, should they attack one of you, we shall use that money to hunt them down and bring them to justice".

Panday, who recently returned from England, said he had a chance to view what was happening in Trinidad from the outside and realised the people's frustration.

"When the people accept violence and will not stand up and fight against it, they living in a failed state. When the state fails to perform its primary function, which is the protection of the property of citizens, then the people come to a point where they must defend themselves," he said.

He referred to a visit to the home of a family in Felicity, who claimed that in the absence of the businessman husband, the wife and children were attacked, beaten, robbed and assaulted "by men dressed in TSTT clothes and in a marked TSTT van".

"My information is that the police intercepted a TSTT vehicle on the highway and questioned the occupants, then sent them away, without even asking that they be identified by the victims," he said , adding the men did not wear masks during the attack and could have been identified.

Panday said before he reached home that night, he heard that another businessman was shot dead by bandits.


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Bondsman’s Killer to be Evaluated

A psychiatrist will evaluate the mental state of the man accused in the March slaying of bail bondsman James W. Woolfolk III, who was shot three times from behind.

A Richmond Circuit Court judge ordered a psychiatrist to report on James E. Carr's ability to stand trial as well as his mental state at the time of the shooting, prosecutors and Carr's defense lawyer said yesterday.

Carr has complained he is hearing voices urging him to do away with himself, said his lawyer, Dean Marcus.

If true, that raises questions about whether Carr can effectively help defend himself in court, the key issue in determining whether someone is competent to stand trial in Virginia, Marcus said.

In addition to a competency evaluation, Judge Beverly W. Snukals also ordered a psychiatric review of Carr's state of mind at the time of the shooting, although Marcus had not asked for that.

In Virginia, people may be found not guilty of a crime by reason of insanity if they could not tell right from wrong at the time of the alleged crime or if they did not understand the nature of their acts.

Woolfolk, the bondsman, had been trying to arrest Carr for failing to appear in court to face charges when he was shot March 6 in a house on the 2300 block of Joplin Avenue in South Richmond.

Police tracked Carr to a house a few blocks away about four hours after discovering the bondsman's body. Carr held four children and three adults hostage in that house for less than two hours before surrendering.

Woolfolk was the first bail bondsman in Virginia to be killed while trying to bring in a fugitive.


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