Montgomery County District Judge Michael Godwin on Monday denied a request by the Montgomery County District Attorney's Office to increase the $60,000 bond of one of the four suspects arrested for their alleged involvement in a deadly downtown shootout in Montgomery on October 4.
Javorick Whiting, 19, was arrested shortly after the shooting and charged with one count of attempted murder and was released on $60,000 bond from the Montgomery County Detention Center.
Montgomery County Deputy District Attorney Marianalyn Coleman said in a recent filing that Whiting was seen on video shooting at a juvenile victim in the area where the shootout that left two dead and 12 injured took place on October 4.
Godwin, who was appointed to the bench by Governor Kay Ivey in June, said in a filing on Monday that he didn't preside over the initial appearance where Whiting's bond was set but had concerns about raising bond without the Montgomery County District Attorney's Office presenting any "new or additional information" on the case since Whiting's initial appearance.
"The case was called for a hearing on the State's Motion to Increase the Defendant's Bond. The Defendant was charged with one count of attempted murder, which is a bondable offense. Defendant was present with counsel, Richard White. The Court allowed the State to proceed with sworn testimony of the investigating officer and afforded Defense counsel an opportunity to conduct limited questioning of the State's witness in a manner similar to a preliminary hearing," Godwin said in the filing.
"At the onset of the hearing, the State notified the Court that the State's motion which made reference to the Defendant being 'in possession of loaded firearm that had an extended magazine and Glock switch,' was inaccurate. The State clarified that Defendant was in possession of a Glock pistol with an extended magazine but not a 'Glock switch.' Possession of a Glock switch is illegal in the state of Alabama and punishable by a sentence up to fifteen (15) years in prison. From the onset the Court's concern with the State's motion to increase the bond centered around the procedural aspects of the case and the Alabama Supreme Court case Ex parte Stokes 990 So. 2d 852. The bond was set by the Magistrate at $60,000, which reflected the maximum bond, which ranges from $10,000 to $60,000 for attempted murder. This Court did not preside over the initial appearance hearing nor was the Defendant's current counsel present for the initial appearance hearing. It is the understanding of this Court that at the initial appearance hearing, the Defendant's attorney at that hearing requested a reduction in the bond, and the State objected; after said hearing the Court ruled in favor of the State and left the bond at $60,000. The Defendant was later able to make the bond and was released."
Godwin continued, "The issue the Court has with the State's request is that there is no new or additional information the State has presented to the Court that was not presented or available at the initial appearance hearing when bond was addressed. Without a new charge or violation, the Court has concerns as to its authority to raise bond under these circumstances. The Court is well aware of the State's concern for public safety and understands why said motion was filed. The Court at the hearing informed parties they could have 21 days to brief the issues, however in light of the pending motion to waive the preliminary which will bind the case over to the grand jury the Court will go ahead and make a ruling as to bond. Therefore, based on the testimony of the investigating officer and the case law the Court finds insufficient grounds to increase the Defendant's bond."
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