Debate over bond for accused criminals continues with FOP, IndyBar speaking out

Indiana State Police Superintendent Doug Carter called Indy’s criminal justice system “broken.”

INDIANAPOLIS — The Marion County criminal justice system is in the spotlight after Indiana State Police Superintendent Doug Carter called it “broken” earlier this week.

It follows the case of 19-year-old Luis Leyba-Gonzalez, who was released on bond following a crash that killed three people.

The prosecution asked for a higher bond for Leyba-Gonzalez, but the request was denied by the judge. Leyba-Gonzalez then posted a $1,000 bond and a $50,000 surety bond.

This release has since sparked a larger discussion of how Indiana’s courts handle accused criminals.

On Thursday night, the Fraternal Order of Police Lodge 86 in Indianapolis issued a unanimous vote of support for ISP superintendent and his call for a complete review and overhaul of the Marion County Criminal Justice system.

“He didn’t just say the system is broken, he said the system is broken so bad that it actually threatens our civilized society,” said Rick Snyder, Indy FOP President. “Nobody can get around that anymore. Our local officials and our state officials can’t shrug that off and look the other way anymore.”

Synder said the FOP has been calling for changes in the judicial system and the so-called “revolving door” for years. He said in this specific case, is the tipping point.

“This is the point we are making is that victims, families of victims, officers in our community as a whole deserve better,” Synder said. “Officers are sick and tired of arresting the same people over and over again and here is why—they have to risk their lives over and over again to do that.”

At the same time, the Indianapolis Bar Association is defending the judge’s decision saying, “The statements of Superintendent Carter are inaccurate, mischaracterize the judiciary and the Marion County criminal justice system, and are counterproductive to the goal of public safety.”

Katie Jackson-Lindsay is part of the IndyBar and a defense attorney. She said Carter’s comments didn’t catch the association off guard because of the criticism but because of the inaccuracy.

She said judges can’t respond to comments or accusations like this, so the IndyBar did on their behalf.

“It was jarring to us as a group of attorneys because it was unfair criticism of Judge Harrison quite frankly and to some extent misleading criticism of Judge Harrison and her decision,” Jackson-Lindsay said.

When it comes to the bond, Jackson-Lindsay said it was “appropriate” based on the facts and circumstances presented to the judge.

“When you hear that three people have died you immediately think, ‘Oh my God. How can someone even be free after that?’ But what is important for the public to understand is that there is a law for every criminal conduct on the books and this young man was not charged with murder. Murder is a crime where you kill someone and you don’t get a bond,” Jackson-Lindsay said. “What our laws say is the level 3 felonies are crimes for which a bond is appropriate, and a Judicial Officer has to evaluate the appropriate bond.”

Both Snyder and Jackson-Lindsay said there is room for a larger conversation about the judicial system, but the conversation needs to include everyone at the table.

State Police said Superintendent Carter will be available to answer questions from the media about his comments next week.

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