State Rep. Chip Brown (R-Hollinger's Island) said Wednesday on Mobile radio FM Talk 106.5's "The Jeff Poor Show" that the release of a suspect in the October 4 downtown Montgomery shooting that killed two and injured a dozen others is an example of how Aniah's Law is not being used properly in some Democratic counties.

Javorick Whiting, 19, was one of four people arrested. Whiting was charged with attempted murder and was released after posting a $60,000 bond.

Montgomery County Deputy District Attorney Marianalyn Coleman has asked District Judge Michael Godwin to increase Whiting's bond. Brown said judges should be held accountable for their actions.

"We've had enough time now, you know, Aniah's Law passed at the ballot box back in 2022 and it's used basically every day across the state," Brown said. "If you look though, those counties like Montgomery County, Jefferson County, they don't use it as much. When you look at the judges, it's the Democrat judges are the ones that are soft on crime and not using it and the D.A.s in those counties as well."

Brown said the law works when it is used appropriately to protect the public from individuals who may pose a threat. He said it's a phenomenon that counties with the most crime are often those that are perceived as being soft on crime.

"It's there for a reason to keep bad guys behind bars so that they don't commit more crimes being out in the streets," Brown said. "And it's people that know, the D.A. knows that they have a high propensity to be violent offenders if they get back on the street, and that was the whole purpose of passing the law."

During the initial steps in drafting the law, lawmakers considered making Aniah's Law hearings mandatory, but they had to balance this with the protection of the Eighth Amendment. However, Brown said it might be time to take another look. He said he has talked to attorneys to inquire how to make Aniah's Law hearings mandatory in some cases.

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