SALT LAKE CITY (ABC4) – It was a gunshot call and the police were quick to respond.
On March 16, David Barnett was arrested and jailed for shooting the driver of a vehicle. He fired at least seven shots but never hit the driver.
In a probable cause statement filed by Salt Lake police, the officer felt differently. In the prison document, the officer stated that there was already an arrest warrant for Barnett. He fled the state after the 2018 incident.
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“There is substantial evidence (he) would … pose a threat to the community,” the official wrote.
But Barnett spent about seven hours in jail and was released without bail. A Salt Lake district attorney and judge agreed to these terms.
It’s the same treatment for Ray Rich and Trevor Shepherd. Both are charged with domestic violence, but various judges released them immediately.
“What’s really going on is how people are being treated,” said trial lawyer Clayton Simms. “The way bail is set is arbitrary.”
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During the last legislative term, legislators learned that their so-called bail reform act had failed. The idea was to allow those charged with misdemeanors and nonviolent crimes to avoid jail until trial. But the judges released a significant number of first-degree crime defendants with little or no bail.
Example: Collin James Montoya has been charged with multiple child rape, aggravated child sexual abuse, and sodomy and sexual abuse. However, a judge released him in February without bail.
Simms is now defending Brent Walker, who was jailed for domestic violence, and a judge ordered no bail was allowed. He has been in jail for a week without a chance to be released.
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Simms said Walker is not a threat to the community.
“The allegations are false,” said Simms. “The officer should have known they were wrong, and that is the monstrous thing about this particular case.”
Walker was in court on Wednesday afternoon to make a first appearance. But his lawyer filed a motion Tuesday to seek his release for violating the 8th Amendment, which deals with excessive bail.
The West Valley City District Attorney opposed Walker’s release. He told the judge the law was on their side.
“The crime is that he poses a threat to the alleged victim and that there is substantial evidence to support the charges,” said Corey Sherwin.
The judge denied the request for bail. She claimed the filing did not give the prosecutor enough time to research and argue his position. Walker was given an appointment on May 3 for another bail hearing. In the meantime, he will remain in jail while defendants like Barnett, Rich and Shepherd are treated differently for their alleged crimes.
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