DA’s office criticizes bond system after repeat offender allegedly shoots two SAPD officers

SAN ANTONIO — Before Jesse Garcia allegedly led police on a automobile chase, fired at officers with a rifle and put two of the ones officers within the medical institution with critical accidents Thursday, he used to be a person prior to now launched on bond for crimes he have been attached to–multiple instances. 

San Antonio Police Department (SAPD) officers mentioned Garcia had a number of exceptional prison warrants initially of Thursday’s chain of occasions, which might ultimately finish with him being arrested after an hours-long standoff. 

On Friday morning, SAPD Police Chief William McManus expressed frustration that Garcia have been let loose of prison in spite of a listing of earlier crimes. In a Zoom press convention that afternoon, First Assistant District Attorney Christian Henricksen mentioned  they could not stay Garcia in prison, and that the Bexar County DA’s shared the group’s frustration. 

Henricksen fielded questions for just about half-hour. District Attorney Joe Gonzales used to be now not at the name as a result of, in line with his office, “there was a lot going on.”

“The bond system that we have right now is incredibly frustrating for us. I know it’s frustrating for law enforcement. I believe it is frustrating for the public,” Henricksen mentioned. “The judges, under the law, have very limited authority to remand people without bond.”

Bonds are set through judges, now not the district lawyer’s office. Instead, Henricksen mentioned, DA prosecutors could make bond suggestions at hearings and provide proof with the intention to request upper bonds than customary for a selected offense. 

A revolving door

Henrickson mentioned Garcia used to be arrested on Sept. 22, 2022, for ownership of a managed substance of greater than 4 grams and no more than 200, a second-degree prison. He used to be additionally arrested for unauthorized use of a motor automobile, which quantities to a state prison. 

Henrickson mentioned the pass judgement on gave Garcia bonds which totaled $17,000. Garcia bonded out 3 days later. 

Garcia used to be once more arrested on June 15 of this summer season, in a automobile housebreaking incident which took place previous within the yr, in addition to fees of felon in ownership of a firearm and evading arrest with a automobile. 

He used to be given bonds totaling $40,000, an quantity Henricksen mentioned used to be upper than customary for the ones fees. 

Still, once more Garcia posted bond per week later, on June 22. 

Then, Henricksen mentioned, the bond corporate that posted that cash misplaced touch with Garcia between June and August 3. He mentioned the bond corporate necessarily may just now not make it possible for Garcia would display as much as court docket, and so they needed to document a observation with the court docket that mentioned as a lot. 

Henricksen mentioned a pass judgement on doubled Garcia’s bonds and issued a warrant for his arrest, which made him a fugitive. 

‘Very restricted cases’

When requested why the DA’s office did not counsel Garcia be held with out bail, Henricksen necessarily mentioned that wasn’t an possibility. 

“This is generally not something a judge can do. There are very limited circumstances in which a judge can remand somebody without bail. There are limited circumstances on a capital murder,” he mentioned. “Another example is if someone violates a condition of bond after a bond was set, and violates a bond condition that was put in place to protect someone from family violence.”

The assistant DA mentioned the one factor the DA’s office can have achieved in a different way used to be to try to get the warrant for arrest quicker, after the bond corporate misplaced monitor of Garcia. He additionally mentioned there have been different problems that permit folks to get out of prison on even upper bonds. 

Henricksen mentioned that bail bond firms will once in a while pay a defendant’s bond for a price of simplest 10% and even 3% of the present bond. That manner a $100,000 bond might be paid through merely paying an organization as low as $3,000. 

He additionally mentioned some firms will permit a defendant to make use of belongings as collateral to get out of prison and successfully pay not anything. Additionally, Henricksen mentioned the DA’s office does not get to peer firsthand how a lot individuals are paying to get out once they undergo a bond corporate. 

The end result, he mentioned, is a system that is dependent extra on how a lot an individual will pay moderately than the chance the individual poses to the group. Henricksen gave the next instance which he had noticed just lately:

“One person was booked on a class B misdemeanor and the other was booked on capital murder. They guy who is booked on a class B misdemeanor was sitting in jail because he couldn’t afford a $500 bond, and the capital murder defendant was out,” he mentioned. “That doesn’t make any sense to me, but this is how our cash bond system works. And until we get something that makes a little more sense, this is going to continue to happen.”

Henricksen mentioned different states have attempted other approaches. It could also be as much as the state Legislature to make adjustments to stop folks from getting out on bond in additional scenarios. 

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