DUI Suspect in Atlanta Police Officer’s Death Denied Bond

A Fulton County Magistrate Judge denied bond on Thursday for Chasity Jones, who stands accused of striking and killing Senior Atlanta Police Officer Gail Thomas while under the influence of alcohol late Tuesday night.  Magistrate Judge Jessy Lall set bond on Jones’ two misdemeanor charges, but refused to issue a bond on the felony vehicular homicide charge in a story reported on the AJC.com website.

Officer Thomas was struck and killed while attempting to help investigate an earlier vehicle wreck near the I-75/85 Brookwood Interchange in Atlanta.  It was reported that Jones, who refused further breath or blood testing after her arrest, did take a breath test at the scene, registering at a .16.  Officers were still able to obtain a search warrant and conducted a blood draw on the suspect.

Under Georgia law, a magistrate court may set a bond on all but a few offenses.  While a vehicular homicide/DUI charge is eligible for bond without the signature of a Superior Court Judge, either Fulton County policy, or the suspect’s history and other factors may have been relevant in the magistrate denying her bond.  This means the case will now be put in front of a Superior Court Judge that will decide on whether a bond will issue, amongst other things.

While the first stories report that Jones took a breath test at the scene and registered at almost twice the legal limit, these hand held breath tests are only admissible in Georgia courts for the limited purpose of showing whether a suspect was positive or negative for alcohol.  While the devices, commonly known as PBT’s, do show a numeric value to the officer, the results are not admissible in hearings or at trial.  Frequently, these small, hand-held devices go months without any calibration or inspection.   The devices are typically used only as one of a battery of tests to determine if a driver is impaired by alcohol.

The decision to set a bond is in the hands of a Judge and bonds may be set on vehicular homicide cases without the signature of a Superior Court Judge.  Frequently on DUI charges not involving an injury or death, a bond is set without even going in front of a Judge, which begs the question: should DUI suspects be required to go in front of a Judge to determine whether or not they will be released, and under what conditions?  What factors would you consider in deciding whether or not to release a suspect on a bond?

For more information on Georgia’s different breath tests used in DUI arrests, read this.