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COA orders judge grant motion for bail bond reduction

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Even though the severity of the 13 charges against a Knox County man for his role in several home invasions supports setting his bond at $25,000 cash only, the Indiana Court of Appeals concluded that the trial court should have allowed him to post a percentage of that to bond out.

Tommi Emerson Winn was arrested and charged with 13 counts of burglary. He and two other men broke into homes, stole jewelry and pawned some of it. They also converted stolen change into bills at a Wal-Mart. The trial court set his bond at $25,000 cash and denied Winn’s motion to reduce so he could post 10 percent of that to secure his release from jail.

Winn argued – and others testified in support – that he was not a flight risk, lived in Knox County most of his life, and had not failed to appear for a court appearance.

When setting the amount of bond under Indiana Code 35-33-8-4(b), subsection 7, the nature and gravity of the offense and potential penalty faced, is enough to warrant a refusal to reduce the amount of bail, the Court of Appeals pointed out. However, the other nine subsections, including family ties and relationships and source of funds or property to be used to post bail, weigh in Winn’s favor.

The record shows that Winn could not post the entire $25,000 in cash, so by denying his motion, the trial judge condemned him to jail pending trial without articulating why, Senior Judge Carr Darden wrote in Tommi Emerson Winn v. State of Indiana, 42A04-1201-CR-49. The judge used the words “cash only” but didn’t give his reasoning for the limitation.

Darden and Judge Ezra Friedlander ordered the trial judge to grant Winn’s motion. Judge Elaine Brown concurred in result, noting that the judge should also consider the use of real estate or posting a real estate bond, as allowed under I.C. 35-33-8-3.2.

 

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  1. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

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  4. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

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