A WRAL News viewer sent in an email asking what it means when a defendant is given a specified bond.
Specifically, the viewer asked about Shawn Tobin Locklear Jr., who is accused of shooting two Robeson County deputies after bonding out for a separate 2022 murder charge.
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“It’s difficult for me to image that he could have posted that much money,” the viewer wrote.
Crime suspects typically have a first court appearance, where the judge sets the bail amount. It’s a simple idea: The suspect gives the court money, authorities let the person leave jail, and they hold onto the money until the suspect comes back for trial. If the suspect comes back, the person gets the money back. If the suspect doesn’t, the court keeps the money.
WRAL News spoke with University of North Carolina School of Law Professor Eric Mueller about the origins of cash bail.
“It started out as a way of making sure that people would show up for their court appearances,” Mueller said. “It was not about protecting the community from further crimes because, remember, a person who is charged with a crime is presumed innocent.”
There are typically three options for how someone pays bail:
- Pay cash to the court.
- Sign over assets – a home, cars, jewelry, etc. – to the court as collateral.
- Use a bail bondsman. A bail bondsman charges a percentage of the bond amount, typically 10% or more, to the suspect. This is a common way for those who can’t raise huge amounts to make bond. The bail bondsman makes up the rest of the assurances to the court. The suspect doesn’t get back money they pay to a bail bondsman, even if they show up for court. For example, 10% of a $250,000 would mean the person would need to permanently part with $25,000.
Most of a bail bondsman’s business comes from smaller bond amounts.
WRAL News is working to find out how Locklear paid the $250,000 bond. However, many people don’t think he should have ever had the option, including Robeson County Sheriff Burnis Wilkins.
“If this guy was locked up where he was supposed to be, yes, our jail is full, but I can make room for a murder suspect,” Wilkins said. “I have never seen it in such a way, where murderers are walking around this county like they are. There are dozens doing it right now.”
Having those accused of murder out on the streets is not as strange as you might think. WRAL Investigates found out that on Nov. 16, 2023:
- In Durham, there are more than 20 murder suspects out on bond.
- In Cumberland County, there are 17 murder suspects out on bond among 100 cases.
- In Orange County, three murder suspects are out on bond among 15 cases.
- In Chatham County, four murder suspects are out on bond among 11 cases.
Wake County does not have any murder suspects out on bond. However, looking at the jail log in Wake County, there are dozens of murder suspects locked up right now. Many of them have waited years for trial. People who we legally presume innocent are locked up for years awaiting justice to be served.
One of those people is Noel Matthews. The 31-year-old man is charged with murder. He’s awaiting trial and has no bond.
WRAL News covered Matthews’ arrest in March 2019. He has been in jail ever since awaiting trial.
Scrolling through the events in Matthews’ case – it’s full of motions and reassignments – and new lawyers joining for the defense and then for the state and so on and so forth.
It’s been a four-and-a-half-year process for a man who has not been proven guilty, living in North Carolina jails, living off taxpayer money and slowing down the system.
Consider if someone in that situation is found not guilty, which does happen:
- Does that seem like justice to you?
How do we balance the rights of the accused and the rights of the public to be safe from violent criminals?
The judicial process varies from state to state, county to county and even judge to judge.
There are efforts around the country and in North Carolina to reform the bail process.
How do we balance the rights of the accused and the rights of the public to be safe from violent criminals?