ILNews

COA: surety agency's lack of timely action justifies fines

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals has affirmed a trial court’s determination that a surety agency failed to comply with Indiana Code and is therefore liable for a deceased man’s bond.

On April 25, 2007, the state charged Manual Gaeta with eight counts of dealing in methamphetamine and one count of conspiracy to commit dealing in methamphetamine, each as a Class A felony, and set his bond at $500,000 surety. Two days later, the trial court reduced the bond to $250,000 surety. On May 7, 2007, Roche Surety & Casualty filed a surety bond in that amount guaranteeing Gaeta’s future appearances in court, and Gaeta was released on bond.
 
In February 2008, the trial court received information that Gaeta had fled to Mexico and issued an order for him to appear on Feb. 15. He failed to appear, and on Feb. 25, the court issued a warrant for his arrest and ordered Roche Surety to produce Gaeta, pursuant to Indiana Code section 27-10-2-12(a).

In Mauel Gaeta; Roche Surety & Casualty v. State of Indiana, No. 79A02-1011-CR-1196, Roche Surety appeals the trial court’s determination that it failed to comply with subsection (b) of Indiana Code section 27-10-2-12, claiming the court had misinterpreted the code.
 
Roche Surety claims the trial court’s decision, which cited Johnson v. State, 567 N.E.2d 146 (Ind. Ct. App. 1991), was incorrect because Johnson was decided before the statute was amended to its current version. The previous version of the code did not contain the language “within … 365 days.” Roche argued that amended code language in subsection (b) means it had 365 days to prove that the defendant’s appearance was prevented before incurring any penalty. The COA disagreed with Roche Surety’s claim.

The appeals court wrote that in Johnson, it held that compliance with subsection (b) applies to when the defendant is produced, or when proof of his inability to appear is made. It does not apply to the timing of the event that prevented his appearance. Therefore, in Gaeta, the appeals court held that the trial court had correctly interpreted the date that the bondsmen proved the client’s inability to appear, and accordingly correctly assessed the late-surrender fee.

Per Indiana code, the appeals court wrote, Roche Surety had a 120-day grace period to either produce the defendant or explain why he had not appeared in court. That grace period expired on June 24, 2008.

On Feb. 23, 2009, 364 days after notice was given, Roche Surety filed its motion of compliance, which stated that Gaeta was terminally ill and located in Mexico and that he was unable to travel. Attached to this motion were medical records dated Jan. 25, 2009, detailing Gaeta’s illness. Also attached was an affidavit from the recovery agent, stating she was retained by Roche Surety on July 16, 2008, and that, although she searched for Gaeta in numerous places in Mexico, she had only found him on Dec. 29, 2008. The appeals court wrote that hiring the recovery agent is the first evidence that Roche Surety had attempted to find Gaeta and that no information existed to show that it  had attempted to ask Gaeta’s family – who lived in Indiana – about his whereabouts.

Medical records that show Gaeta was admitted to a hospital in Mexico in April 2008 do not prove that his failure to appear in February 2008 was prevented by illness.
 
The appeals court therefore concluded that Roche Surety did not comply with Indiana Code section 27-10-2-12(b) within 365 days as required by subsection (d).
 
On cross-appeal, the state asserted that, because Roche Surety failed to comply with subsection (b)(2) within 365 days, Roche Surety is liable for the 80 percent late-surrender fee and forfeiture of 20 percent of the face value of the bond, pursuant to subsection (d). The appeals court agreed and remanded to the trial court with instructions to enter judgment consistent with its opinion.

Gaeta died in August 2009.
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  2. what a wonderful world we are living, i still doubt this spell caster how he did it!!! i am Shechan Caroline am from Los Angeles I am so happy to let the whole word know how this powerful spell caster saved my marriage.Everything was going down the drain as my husband can not stop cheating on me with other women. It became used to always heating on me. I tried to make him stop, but I couldn't help the situation, the more I tried, the harder it becomes. At times we will fight and go apart for some months and we will come back again just because of our kids. One day a friend told me about this spell caster who helped her too, his name is Dr.oku, she said he uses white magic spells to solve spiritual problems. I decided to give it a try, I contacted him and he told me it will take just 2 to 3 days and I will see great changes in my husband. He actually cast a spell, believe me after 2 to 3 days of the spell, my husband was confessing different names of woman he has slept with. He begged for forgiveness and never to try it again. From that day till now, my mind is at rest. My husband dislike every other women on earth except me. And am so happy to have him for myself alone.The spell caster’s contact is okutemple@gmail.com or add him on whasapp +2347053113465?

  3. I agree. My husband has almost the exact same situation. Age states and all.

  4. Thanks Jim. We surprised ourselves with the first album, so we did a second one. We are releasing it 6/30/17 at the HiFi. The reviews so far are amazing! www.itsjustcraig.com Skope Mag: It’s Just Craig offers a warm intimacy with the tender folk of “Dark Corners”. Rather lovely in execution, It’s Just Craig opts for a full, rich sound. Quite ornate instrumentally, the songs unfurl with such grace and style. Everything about the album feels real and fully lived. By far the highlight of the album are the soft smooth reassuring vocals whose highly articulate lyrics have a dreamy quality to them. Stories emerge out of these small snapshots of reflective moments.... A wide variety of styles are utilized, with folk anchoring it but allowing for chamber pop, soundtrack work, and found electronics filtering their way into the mix. Without a word, It’s Just Craig sets the tone of the album with the warble of “Intro”. From there things get truly started with the hush of “Go”. Building up into a great structure, “Go” has a kindness to it. Organs glisten in the distance on the fragile textures of “Alone” whose light melody adds to the song’s gorgeousness. A wonderful bloom of color defines the spaciousness of “Captain”. Infectious grooves take hold on the otherworldly origins of “Goodnight” with precise drum work giving the song a jazzy feeling. Hazy to its very core is the tragedy of “Leaving Now”. By far the highlight of the album comes with the closing impassioned “Thirty-Nine” where many layers of sound work together possessing a poetic quality.

  5. what a wonderful world we are living, i still doubt this spell caster how he did it!!! i am Tamara Barrow am from USA I am so happy to let the whole word know how this powerful spell caster saved my marriage.Everything was going down the drain as my husband can not stop cheating on me with other women. It became used to always heating on me. I tried to make him stop, but I couldn't help the situation, the more I tried, the harder it becomes. At times we will fight and go apart for some months and we will come back again just because of our kids. One day a friend told me about this spell caster who helped her too, his name is Dr.voodoo, she said he uses white magic spells to solve spiritual problems. I decided to give it a try, I contacted him and he told me it will take just 2 to 3 days and I will see great changes in my husband. He actually cast a spell, believe me after 2 to 3 days of the spell, my husband was confessing different names of woman he has slept with. He begged for forgiveness and never to try it again. From that day till now, my mind is at rest. My husband dislike every other women on earth except me. And am so happy to have him for myself alone.The spell caster’s contact his email at: voodoospelltemple66@gmail.com visit his website on http://drvodoospelltemple.webs.com

ADVERTISEMENT