TONIGHT,
TONIGHT, THE KVUE DEFENDERS INVESTIGATE A STRUGGLE IN TRAVIS COUNTY'S
CRIMINAL
JUSTICE COMMUNITY...
TRYING TO FIND BALANCE-- BETWEEN
PUBLIC SAFETY,
AND KEEPING DEFENDANTS LOCKED UP
WHILE THEY
WAIT FOR TRIAL.
AND A TEXAS FAMILY BLAMES WHAT
THEY CALL A LENIENT
SYSTEM, FOR THEIR TRAGIC LOSS.
AS CRIMINAL JUSTICE REFORMERS
PUSH FOR MORE SUSPECTS TO BE RELEASED FROM
JAIL...
OTHERS SAY-- THAT COULD LEAD TO
VIOLENT
OFFENDERS BEING SET FREE.
HERE'S KVUE SENIOR REPORTER TONY
PLOHETSKI.
PLOHETSKI. "MY SON CALLED ME AND SAID THAT
GRANNY HAD BEEN STABBED. AND THAT'S ALL HE SAID. AND I JUMPED
OUT OF BED AND PUT CLOTHES ON
AND
CALLED MY SISTERS AND TOLD THEM
THAT, 'Y'ALL NEED TO GET TO
SCOTT AND WHITE.'"
THE TRAGIC STORY OF WHAT
HAPPENED TO 68-YEAR-OLD
ROSE DAVIS UNFOLDED LAST JUNE --
80 MILES NORTH OF
AUSTIN -- IN THE PARKING LOT OF
HER APARTMENT BUILDING IN
TEMPLE.
"THEY WOULDN'T GIVE US ANY
DETAILS, BY THE TIME WE GOT
THERE THE POLICE WERE ALREADY
THERE THE ONLY THING WE KNEW
SHE'D BEEN STABBED, WE DIDN'T
KNOW HOW MANY TIMES OR
THE DETAILS OR WHATEVER."
OCTAVIA BOYD, DAVIS' DAUGHTER,
THOUGHT THERE
HAD TO BE A MISTAKE WHEN HER SON
EXPLAINED THAT
SOMEONE IN THE PARKING LOT SAW
DAVIS CRYING FOR
HELP.
HER MOUTH GAGGED AND HER HANDS
BOUND WITH
DUCT TAPE BEFORE A MAN STABBED
HER IN THE THROAT AND
STOMACH.
BUT AS FAMILY MEMBERS GATHERED
OUTSIDE THE
HOSPITAL, THE TRUTH OF WHAT
HAPPENED TO THE CAREER
NURSE-- ALWAYS SO FULL OF LIFE
-- FINALLY SET IN.
"THEN WE WERE CALLED IN A ROOM,
THE FAMILY WAS CALLED IN A ROOM,
AND THAT'S WHEN THEY GAVE US THE
NEWS. THEY STILL WOULDN'T ALLOW
US TO SEE HER BECAUSE OF THE
INJURIES."
TEMPLE POLICE CHARGED THIS MAN
-- CHRISTOPHER
HENRY -- WITH KILLING DAVIS --
VENGEANCE, INVESTIGATORS
SAY, FOR DAVIS' SON DATING HIS
EX-WIFE.
BOYD HOPES HENRY NEVER SEES
OUTSIDE A JAIL CELL.
BUT SHE ALSO BLAMES THE JUSTICE
SYSTEM IN TRAVIS
COUNTY FOR SETTING EVENTS IN
MOTION THAT SHE SAYS LED
TO
TO HER
TO HER MOTHER'S DEATH. "HOW COULD TRAVIS COUNTY LET HIM OUT WITH THE HISTORY THAT
HE HAS?"
IN JUNE 2019, AUSTIN POLICE
ARRESTED HENRY IN A
STRING
STRING OF
STRING OF ARMED ROBBERIES. HIS BAIL WAS SET AT 1 MILLION DOLLARS, BUT HIS ATTORNEY
LATER ASKED STATE DISTRICT JUDGE
CHANTAL ELDRIDGE TO
REDUCE IT TO 100,000.
AUTHORITIES RELEASED
HENRY AFTER HE PAID 10 PERCENT
OF THAT AMOUNT,
WITH THE CONDITION THAT HE WEAR
AN ANKLE MONITOR.
AND NINE MONTHS LATER, WHILE HE
WAS OUT AND STILL
WEARING THAT TRACKING DEVICE,
AUTHORITIES
SAY HE KILLED DAVIS.
"THE DECISION TO LET PEOPLE OUT
ON BOND WHILE AWAITING TRIAL IS
INCREASINGLY BECOMING A
COMMUNITY DEBATE HERE IN
AUSTIN. CRIMINAL JUSTICE
REFORMERS SAY KEEPING SOMEONE
BEHIND BARS WHILE AWAITING TRIAL
POTENTIALLY INFRINGES ON
THEIR CONSTITUTIONAL RIGHTS, AND
IN SOME CASES,
THOSE DEFENDANTS MAY LOSE THEIR
JOBS, HOUSES AND THEIR
ENTIRE LIVES JUST WAITING FOR
THEIR DAY IN COURT. BUT OTHERS
ARGUE
THAT LETTING POTENTIALLY
DANGEROUS CRIMINALS GO
FREE- COULD PUT ALL OF US AT
RISK."
KVUE DEFENDERS FOUND THAT IN
TRAVIS COUNTY,
ABOUT 60 PERCENT OF PEOPLE
BOOKED INTO JAIL IN THE
PAST THREE YEARS WERE RELEASED
ON BOND. MOST
WERE LET OUT ON WHAT OFFICIALS
CALL A "PERSONAL
BOND" -- MEANING THEY WERE SET
FREE AFTER PAYING A
SMALL FEE AND OFTEN AFTER
AGREEING TO CERTAIN
CONDITIONS.
THE DEFENDERS FOUND FIVE CASES
AMONG
55,000 RELEASED DEFENDANTS IN
THE PAST THREE
YEARS WHO THEN WENT ON TO CARRY
OUT A HOMICIDE. THEY
INCLUDE THE APRIL TRIPLE MURDERS
OF AMANDA
BRODERICK, HER DAUGHTER ALYSSA
AND A THIRD PERSON,
WILLIE SIMMONS III.
IN THAT CASE, THE ACCUSED
GUNMAN, FORMER TRAVIS
COUNTY
COUNTY SHERIFF'S DEPUTY STEPHEN BRODERICK WAS OUT OF JAIL ON BOND AND MONTHS
EARLIER, HAD A TRACKING DEVICE
REMOVED
BECAUSE HE HAD COMPLIED WITH
CONDITIONS OF
HIS RELEASE.
THOSE CASES ALSO INCLUDES THE
2020 MURDER OF
ADELAIDO URIAS, A 68-YEAR-OLD
ICE CREAM SALESMAN SHOT
AND KILLED IN A ROBBERY. RECORDS
SHOW ONE OF THE
SUSPECTS, MARQUIS DAVIS, WAS OUT
OF JAIL ON BOND FOR A
PREVIOUS SHOOTING IN 2019. THE
TOPIC OF JAIL RELEASE BECAME A
BATTLEGROUND
ISSUE IN THE 2020 CAMPAIGN FOR
TRAVIS COUNTY
DISTRICT ATTORNEY, AND SINCE
TAKING OFFICE IN
JANUARY, D-A JOSE GARZA HAS PUT
NEW RULES IN PLACE THAT
VETERAN PROSECUTORS, JUDGES AND
OTHERS AGREE
REPRESENT A FAR MORE LENIENT
VIEW OF WHO GETS
OUT OF JAIL BEFORE TRIAL.
"IT'S WHAT OUR LEGAL SYSTEM DOES
EVERY DAY, AND THAT IS TO
EVALUATE EVERY SET OF FACTS, ON
A CASE BY CASE BASIS. EVERY
PERSON IS UNIQUE AND HAS A
UNIQUE CIRCUMSTANCE AND NOT ONLY
IS
THAT THE PRACTICAL THING TO DO,
IT IS WHAT THE LAW
REQUIRES."
ACCORDING TO GARZA'S PROTOCOLS,
THE
PRESUMPTION IS THAT SOMEONE
CHARGED WITH A FELONY
SHOULD BE RELEASED.
AND JUST THIS MONTH -- TO HELP
WITH COMMUNITY
SAFETY -- GARZA PUT NEW RULES IN
PLACE THAT PROSECUTORS
MUST ASK JUDGES TO REQUIRE
SUSPECTS TO
SURRENDER FIREARMS IF THEY ARE
CHARGED WITH
ONE OF A NUMBER OF DIFFERENT
CRIMES.
STILL, GARZA SAID HE WANTS LAW
ENFORCEMENT
TO FLAG CASES IN WHICH THEY ARE
PARTICULARLY
CONCERNED ABOUT A DEFENDANT
RETURNING TO
THE STREET.
"WE HAVE COMMUNICATED THAT WE
SHOULD BE IN TOUCH. IF
THERE IS A CASE WHERE LAW
ENFORCEMENT FEELS LIKE
SOMEONE POSES A THREAT TO THE
COMMUNITY, WE WANT TO KNOW
ABOUT THAT, INDEPENDENT OF OUR
OWN DETERMINATIONS."
TRAVIS COUNTY DISTRICT JUDGE
BRENDA KENNEDY, THE
COUNTY'S PRESIDING CRIMINAL
JUDGE, SAYS NEW
RECOMMENDATIONS HIGHLIGHT THE
IMPORTANCE
FOR JUDGES TO MAKE A
DETERMINATION ABOUT
WHETHER DEFENDANTS SHOULD BE
HELD, WHETHER
THEY ARE A COMMUNITY THREAT OR
WHETHER THEY
SHOULD BE RELEASED.
"WE DON'T WANT OUR CITIZENS TO
FACE DANGERS BY RELEASING
SOMEONE WHO WE KNOW POSES A
DANGER TO THE COMMUNITY AND IS
LIKE TO DO IT AGAIN BASED ON
EVERYTHING WE KNOW ABOUT
THEM."
BOYD SAID SHE BELIEVES HENRY IS
JUST THE TYPE OF
DEFENDANT WHO SHOULD HAVE FACED
GREATER
HURDLES BEFORE BEING ALLOWED TO
WALK OUT OF
THE TRAVIS COUNTY JAIL, IF HE
WAS EVER ALLOWED TO AT
ALL.
"TRAVIS COUNTY LET US DOWN,
BECAUSE ROSE WOULD'VE STILL
BEEN WALKING THIS EARTH IF THEY
WOULDN'T HAVE LET HIM OUT."
THE TRAVIS COUNTY JUDGE AND
AUSTIN DEFENSE
ATTORNEY IN HIS CASE DID NOT
RETURN OUR REQUESTS FOR
COMMENT. AT THE TIME,
PROSECUTORS OBJECTED TO
HIS BAIL BEING REDUCED, BUT
GARZA SAYS HE WAS NOT YET IN
OFFICE WHEN THE CASE OCCURRED
AND COULD NOT
ADDRESS IT.
TODAY, HENRY REMAINS IN THE BELL
COUNTY JAIL ON A
CHARGE OF CAPITAL MURDER WITH
HIS BAIL SET AT 1
MILLION DOLLARS.
"I AM ANGRY BECAUSE HE TOOK MY
MOTHER'S LIFE. AND AGAIN WHY?
WHY WOULD THEY LET HIM OUT?"
WE ARE STILL WATCHING SEVERAL
BILLS IN THE STATE
LEGISLATURE RIGHT NOW THAT
ADDRESS BAIL ISSUES. ONE
WOULD EXPAND CRIMES THAT WOULD
KEEP PEOPLE BEHIND
BARS WITHOUT RELEASE PRIOR TO
TRIAL, AND ANOTHER
WOULD MAKE SURE JUDGES CONSIDER
A PERSON'S
HISTORY IN SETTING BAIL.
WE WILL KEEP YOU POSTED ON THE
OUTCOME OF THOSE
PROPOSALS.
FOR THE KVUE DEFENDERS, TONY
PLOHETSKI,
PLOHETSKI,
KVUE
KVUE NEWS.
THE
THE STATE
THE STATE SENATE PASSED A BAIL REFORM BILL LAST MONTH-- BUT IT HAS YET TO COME
UP IN A HOUSE
COMMITTEE.
THE LEGISLATIVE SESSION ENDS ON
MAY 31ST.