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Bennett denies bond reduction for Stafford

Bond remains at $1 million; arraignment set for Jan. 5

 

    For approximately two hours this past Thursday morning, family and friends of  Derrick Stafford testified that he was a “good person” who is not a danger to others and poses no threat to jump bail if allowed to be released on a lower bond.
    In the end, however, 12th Judicial District Judge Billy Bennett found the evidence against Stafford so substantial that the $1 million bond is appropriate. He then denied the motion to reduce the bond. The Attorney General’s office argued to keep the high bond.
    Stafford and co-defendant Norris Greenhouse Jr. are charged with the 2nd-degree murder of 6-year old Jeremy Mardis and the attempted 2nd-degree murder of the child’s father, Chris Few, during a traffic stop on Martin Luther King Drive in Marksville on Nov. 3. Both men were on-duty for the Marksville City Marshal’s Office at the time.
     Bennett set an arraignment on the charges for both men for 1:30 p.m. on Jan. 5.
     Stafford arrived at the courthouse shortly before 8:30 a.m. wearing an orange jumpsuit. He was hustled into the first-floor entrance.
When he entered the courtroom with his attorney, Jonathan Goins, he was wearing a suit and tie.
     Prior to Stafford’s hearing, Bennett allowed Pineville attorney George Higgins, Greenhouse’s attorney,  to withdraw a motion seeking bond reduction and amendment to the bail conditions. There was no discussion on the motion or the reason for withdrawing it.
     Goins called several witnesses that testified that Stafford was not a flight risk and had deep connections to the community.
     John Sinquefield, senior counsel for the Attorney General's Office, called no witnesses and put on no evidence.
 
Stafford testifies
    The first witness in support of the bond reduction was Stafford. However, his attorney made it clear that any comments or questions would deal only with the issues affecting bond -- ability to pay, flight risk, prior crimes, etc.
    Bennett instructed those in the court that Stafford’s testimony “would be restricted to the issue before the court” and not delve into evidence about the crime for which he is accused.
    Stafford testified that he has been working in law enforcement for over 10 years, and with the Marksville Police Department  (MPD) for about nine years. He noted that he has held second and third jobs for many of those years.
    At the time of his arrest, he was working full-time as a shift lieutenant for the MPD and part-time as a deputy in the Alexandria City Marshal’s Office and Marksville City Marshal’s Office.   
   He said he has deep family ties in the community.
   It was pointed out that he was arrested on aggravated rape charges in 2011, made bond and never missed a court date. Those charges were dismissed. He testified that he has never been convicted of a crime.
 
Grines testimony
    In addition to family members testifying on Stafford’s behalf, Alexandria City Marshal Terence Grines testified that Stafford was a good employee who was very knowledgeable about the law. He said that in his opinion, Stafford does not pose a flight risk because “he knows right from wrong.”
    Sinquefield asked Grines why he terminated Stafford about two weeks ago. Grines said he felt it was in his best interest to fire Stafford because “I don’t know how long this will take” and he didn’t think it was fair to the taxpayers for someone to be on the payroll that is not coming to work. Then he pointed out that Stafford only gets paid if he comes to work, but still felt it was best to officially terminate him rather than suspend him.
    “Did your decision have anything to do with his arrest for the murder of a 6-year-old boy,” Sinquefield asked. 
    Goins objected, arguing that the question entered a different area not dealing with the bond. Bennett overruled the objection.
    Grines said the arrest was not a factor in his decision.
    Sinquefield then asked that if Stafford was released on bond, would he consider rehiring him?
    “That’s a decision I will have to make,” Grines answered.
    Sinquefield said that while he did not want to answer the question for Grines, “I think I know what his decision would be.”
 
Closing statements
    After all testimony was completed, Goins told Bennett that the bond should be reduced because there is no way Stafford or his family can post that bail. He said the $1 million bond “is commensurate to having no bond,” which is contrary to the legal philosophy of the state and nation.
    He said Stafford should have better access to his attorney, due to the serious nature of the charges against him.
    Goins said a defendant is presumed innocent, and “keeping him locked up is in effect punishing him for something for which he has not been convicted.”
    In his closing statement, Sinquefield said he agreed that Stafford is presumed innocent until proven guilty. However, he said the Avoyelles Grand Jury found sufficient evidence to indict him for 2nd-degree murder and attempted 2nd-degree murder. 
    He also pointed out that the $1 million bond was set by Bennett after his review of evidence in the case -- including the body camera video of the shooting -- “and I believe your honor was correct in setting that bond.”
    In making his ruling, Bennett said a key reason for his decision was the significant weight of evidence against Stafford and Greenhouse. He said there are three eyewitnesses and a body camera video of the shooting incident.
   In addition, Bennett said there are three other murder trials pending in his court -- two with bonds of $250,000 and one with a $500,000 bond.
   Bennett said Stafford's bond is the same as Greenhouse's, and a recent court case currently before the State Supreme Court indicates that is grounds for refusing to reduce a bond. He said the matter can be reconsidered in the future.
 
After the hearing
   Hessmer attorney Mark Jeansonne, an attorney for the Few family, accompanied Cathy Mardis and Samantha Few to the hearing. They are the grandmothers of Jeremy Mardis.
   Jeansonne said members of the family may be witnesses, but they are also victims of the crime and entitled to attend proceedings dealing with the case under the state’s victim’s rights law.
   “It’s a hard thing for family members to attend this kind of hearing,” Jeansonne said.  He said Few was unable to attend the hearing Thursday.
   He said the family believes Bennett made the right decision on the bond.
   “The Grand Jury saw the evidence and acted appropriately in returning indictments,” he said. “The State Police acted quickly in making the arrests based on the weight of the evidence in this case.”
   Outside the courtroom, Bertha Andrews -- Stafford’s aunt -- voiced her disappointment in the judge’s decision. She blamed Few for running from the marshal’s vehicle instead of stopping to see what the officer wanted.
   She also said Few “attempted to run over Norris Greenhouse,” which led to the shooting.
   She said Bennett’s ruling is not fair because Stafford will not skip town to avoid going to trial.
   “They say it's innocent until proven guilty,” Alexander said, “but you can turn that around here because you are guilty until you can prove you are innocent.”