The Gallup Independent reports that two fugitive recovery agents were transporting Richard Youtsey back to Oklahoma after he failed to appear on charges of false personation, felony larceny and DWI. Youtsey was captured in California and was in the process of being transported back to Greer County, OK. The agents stopped at a casino to allow Youtsey a restroom break, according to the report. The agents removed the prisoner’s handcuffs and Youtsey managed to escape. An Oklahoma multi-agency manhunt began including use of tracking dogs and helicopters. Area schools were on partial lockdown. The search was called off without results late Friday.
Youtsey’s bond was set at $200,000 after he failed to appear last month in Greer County. Youtsey is described as between 5 feet 9 inches and 5 feet 11 inches and weighs between 140 and 160 pounds. He has hazel eyes and brown hair. He was last seen wearing blue jeans, a white shirt, gray hooded sweat top, a white Route 66 baseball cap and may be wearing tennis shoes. State police report that Youstey has tattoos on his hands and arms.
Sunday, January 20, 2008
Saturday, January 19, 2008
SB869 to be Heard by Senate Committee
SB869 will have a hearing this coming Tuesday, January 22, 2008, at 2:30 PM. The bill will be heard by the Senate Financial, Governmental Organizations, and Elections Committee.
The bill seeks to repeal the Lee Clause, which has allowed convicted felons whose convictions are over 15 years old, to be licensed. The language in the bill will prohibit felons regardless of when the conviction occurred.
The bracketed red text in the following statute is proposed to be deleted in SB869:
RSMO 374.755. 1. The department may cause a complaint to be filed with the administrative hearing commission as provided by chapter 621, RSMo, against any holder of any license required by sections 374.695 to 374.775 or any person who has failed to renew or has surrendered his or her license for any one or any combination of the following causes:
(2) Final adjudication or a plea of guilty or nolo contendere [within the past fifteen years] in a criminal prosecution under any state or federal law for a felony or a crime involving moral turpitude whether or not a sentence is imposed, prior to issuance of license date;
The committee members are as follows:
Delbert Scott, 28th, Chair
Jason Crowell, 27th, Vice-Chair
Kevin Engler, 3rd
Brad Lager, 12th
John Loudon, 7th
Maida Coleman, 5th
Jolie Justus, 10th
Harry Kennedy, 1st
Jeff Smith, 4th
If you have an opinion to share, I encourage you to attend the hearing or contact your senator. If you don't know your senator, use this handy tool.
Previous Posts
Barnitz Co-sponsors SB869
Shoemyer Files SB869-
The bill seeks to repeal the Lee Clause, which has allowed convicted felons whose convictions are over 15 years old, to be licensed. The language in the bill will prohibit felons regardless of when the conviction occurred.
The bracketed red text in the following statute is proposed to be deleted in SB869:
RSMO 374.755. 1. The department may cause a complaint to be filed with the administrative hearing commission as provided by chapter 621, RSMo, against any holder of any license required by sections 374.695 to 374.775 or any person who has failed to renew or has surrendered his or her license for any one or any combination of the following causes:
(2) Final adjudication or a plea of guilty or nolo contendere [within the past fifteen years] in a criminal prosecution under any state or federal law for a felony or a crime involving moral turpitude whether or not a sentence is imposed, prior to issuance of license date;
The committee members are as follows:
Delbert Scott, 28th, Chair
Jason Crowell, 27th, Vice-Chair
Kevin Engler, 3rd
Brad Lager, 12th
John Loudon, 7th
Maida Coleman, 5th
Jolie Justus, 10th
Harry Kennedy, 1st
Jeff Smith, 4th
If you have an opinion to share, I encourage you to attend the hearing or contact your senator. If you don't know your senator, use this handy tool.
Previous Posts
Barnitz Co-sponsors SB869
Shoemyer Files SB869-
Friday, January 18, 2008
Bondsman Arrested on Stealing Charges
KOAM-TV reports that bondsman Jackie Covey and her boyfriend, Aaron Redburn, were arrested in Jasper County on felony stealing charges. They were arrested after Carthage police served search warrants at their home and at Covey's business. KOAM reports that Covey and Redburn were allegedly involved in multiple thefts at area Wal-Mart stores. According to the report, authorities say Covey is seen on surveillance video returning a stolen home theatre system and receiving a gift card in exchange.
Covey works under the authority of Mabel Jane Kuehn and also Joseph Vanhorn. Covey has been licensed since 2003. Casenet indicates that the DIFP requested the court file pertaining to this case on January 9th.
Covey works under the authority of Mabel Jane Kuehn and also Joseph Vanhorn. Covey has been licensed since 2003. Casenet indicates that the DIFP requested the court file pertaining to this case on January 9th.
Thursday, January 17, 2008
DOC Offers Online Offender Search Tool
The Missouri Department of Corrections is offering a web-based search of all active offenders including those on probation or parole. You can search by name or offender ID number. The site includes sentencing information, photos if available, and probation officer’s name and location.
DIFP Enters Into Consent Agreement on License Refusal
The DIFP has entered into a consent agreement with general agent Stephan Burke of Doniphan. On December 31st, the DIFP refused to renew Burke’s license, alleging that Burke had failed to file his monthly affidavit for five years. The DIFP also alleged that Burke had failed to supply it with requested information concerning his renewal.
On January 11th, the department entered into a consent agreement with Burke ordering that the DIFP will renew Burke’s license on the condition that he obey all laws including the statute requiring monthly affidavits. Burke waives any right to judicial review or a hearing before the Administrative Hearing Commission.
Previous Post on Burke Case
On January 11th, the department entered into a consent agreement with Burke ordering that the DIFP will renew Burke’s license on the condition that he obey all laws including the statute requiring monthly affidavits. Burke waives any right to judicial review or a hearing before the Administrative Hearing Commission.
Previous Post on Burke Case
Sunday, January 13, 2008
Sun Leader Publishes New Information in Fugitive Recovery Case
The Lake Sun Leader has published new information and a correction in the case between bondsman David Vinson and his client Ronald Brown. The newspaper reports that Brown, 25, was facing multiple charges passing bad checks and driving with a suspended license. On October 12, he was scheduled to appear in court. Versailles Assistant Police Chief James Burkhart said Brown had sent a 'significant other' into court for him to make an excuse why he couldn't be there while Brown was outside in his vehicle circling town. When Vinson found him, they took off in a car chase through Versailles, Burkhart said. Vinson managed to corner Brown on a dead-end street. There was yelling, Burkhart said, which prompted nearby residents to call police. As officers were arriving, Brown escaped by driving through a resident's yard. That's when Vinson allegedly fired his gun at Brown's vehicle. Vinson was charged with five felony counts including assault in the first degree and unlawful use of a weapon. He was taken into custody by the Versailles Police Department and held on a $50,000 cash-only bond. His bond was later reduced to $25,000, 10 percent cash or surety bond and posted by one of Vinson's agents.
Last week, it was reported that the fugitive’s name was Randall Brown and he remains at large. A correction was published yesterday in which the Sun Leader reported that the fugitive’s name is Ronald E. Brown and he has been in custody since last November. My previous post has been amended to reflect the correction.
Last week, it was reported that the fugitive’s name was Randall Brown and he remains at large. A correction was published yesterday in which the Sun Leader reported that the fugitive’s name is Ronald E. Brown and he has been in custody since last November. My previous post has been amended to reflect the correction.
Saturday, January 12, 2008
Senator Barnitz Co-Sponsors SB869
Senator Frank Barnitz-D, Lake Spring, has signed on as a co-sponsor of Senator Shoemyer’s bail bond bill, SB869. The legislative session began last week and the bill received its first reading in the Missouri Senate.
The bill seeks to remove the clause which allows felons to become licensed if the conviction is over 15 years old.
The statute currently reads:
374.755. 1. The department may cause a complaint to be filed with the administrative hearing commission as provided by chapter 621, RSMo, against any holder of any license required by sections 374.695 to 374.775 or any person who has failed to renew or has surrendered his or her license for any one or any combination of the following causes:
2. Final adjudication or a plea of guilty or nolo contendere within the past fifteen years in a criminal prosecution under any state or federal law for a felony or a crime involving moral turpitude whether or not a sentence is imposed, prior to issuance of license date;
Senators Shoemyer and Barnitz seek to remove the words “with the past fifteen years” from the above statute, making the law prohibit felons regardless of when the conviction occurred.
My previous post on SB869
The bill seeks to remove the clause which allows felons to become licensed if the conviction is over 15 years old.
The statute currently reads:
374.755. 1. The department may cause a complaint to be filed with the administrative hearing commission as provided by chapter 621, RSMo, against any holder of any license required by sections 374.695 to 374.775 or any person who has failed to renew or has surrendered his or her license for any one or any combination of the following causes:
2. Final adjudication or a plea of guilty or nolo contendere within the past fifteen years in a criminal prosecution under any state or federal law for a felony or a crime involving moral turpitude whether or not a sentence is imposed, prior to issuance of license date;
Senators Shoemyer and Barnitz seek to remove the words “with the past fifteen years” from the above statute, making the law prohibit felons regardless of when the conviction occurred.
My previous post on SB869
FL-Bondsman Criticized for Takedown in Public Building
According to several press reports from Florida, a senator, a tax collector, and other officials are criticizing the actions of Florida bondsman David Lowman. The controversy began after Lowman took client John Darlington into custody in the local tax collector’s office. Lowman had posted a $15,000 bond for Darlington last October for grand theft. He was released from jail after his mother put up 10 percent of his $15,000 bail to Lowman. Lowman, who owns Help Bail Bonds of Clearwater, said Darlington had checked in every week like he was supposed to since his release. But recently Nell Darlington told Lowman that her son wasn't keeping his bargain with her. He had left town in her truck, and she wanted it back. She also wanted his bail revoked. Nell Darlington decided to lure her son back by promising to transfer title of the truck to him, Lowman said. They agreed to meet at the tax office.
Lowman left his weapon in his car as he knew it was illegal to carry a weapon into a government building. Lowman was accompanied by his twin brother, Donald Lowman. The Lowmans approached Darlington in the waiting area of the tax office and asked him to stand up to be hand-cuffed. Darlington began resisting arrest and pulled a handgun from his waistband. According to reports, there were about 25 people in the tax office at the time of the incident. The Lowmans and another person were able to subdue Darlington until police arrived. No one was hurt except Darlington, who received minor abrasions to the face. Darlington faces new charges including felon in possession of a firearm and carrying a concealed weapon.
After the incident, it was reported that Donald Lowman does not hold a bail bond license and is a convicted felon. According to reports, Florida law prohibits fugitive recovery work without a bail bond license. Additionally, Florida statutes also say bonding agency owners may not "employ, contract with, or use the services" of anyone convicted of a felony.
Tax Collector Mike Olsen has spoken with the press several times about the incident. He has criticized Lowman for attempting the apprehension in a busy public building. He has asked for an investigation into the matter as well as changes in the law to prohibit this from happening again. State Sen. Mike Fasano on Friday crafted a letter to Alex Sink, Florida's chief financial officer, asking her to look into what happened and prevent a repeat. "Since the regulation of bail bondsmen falls under the jurisdiction of your agency, I am requesting that an investigation be done into this matter so that we can take the necessary steps, whether by rule or legislation, to make certain this never happens again," Fasano wrote. "I'm sure you agree that a citizen should be able to feel safe in a public office whether it be the office of the tax collector, a legislative office or even the DMV." Local authorities are also investigating the matter.
Lowman left his weapon in his car as he knew it was illegal to carry a weapon into a government building. Lowman was accompanied by his twin brother, Donald Lowman. The Lowmans approached Darlington in the waiting area of the tax office and asked him to stand up to be hand-cuffed. Darlington began resisting arrest and pulled a handgun from his waistband. According to reports, there were about 25 people in the tax office at the time of the incident. The Lowmans and another person were able to subdue Darlington until police arrived. No one was hurt except Darlington, who received minor abrasions to the face. Darlington faces new charges including felon in possession of a firearm and carrying a concealed weapon.
After the incident, it was reported that Donald Lowman does not hold a bail bond license and is a convicted felon. According to reports, Florida law prohibits fugitive recovery work without a bail bond license. Additionally, Florida statutes also say bonding agency owners may not "employ, contract with, or use the services" of anyone convicted of a felony.
Tax Collector Mike Olsen has spoken with the press several times about the incident. He has criticized Lowman for attempting the apprehension in a busy public building. He has asked for an investigation into the matter as well as changes in the law to prohibit this from happening again. State Sen. Mike Fasano on Friday crafted a letter to Alex Sink, Florida's chief financial officer, asking her to look into what happened and prevent a repeat. "Since the regulation of bail bondsmen falls under the jurisdiction of your agency, I am requesting that an investigation be done into this matter so that we can take the necessary steps, whether by rule or legislation, to make certain this never happens again," Fasano wrote. "I'm sure you agree that a citizen should be able to feel safe in a public office whether it be the office of the tax collector, a legislative office or even the DMV." Local authorities are also investigating the matter.
Friday, January 11, 2008
Bondsman Has Preliminary Hearing in Fugitive Incident
Yesterday, the Lake Sun Leader reported that that bondsman David Vinson of Camdenton has been bound over to circuit court in the incident which occurred in Morgan County when Vinson attempted to apprehend fugitive Ronald Brown. Vinson was charged with five felonies in mid-October while trying to apprehend Brown. According to the report, Vinson had tracked Brown to a home in Versailles. Brown managed to escape, but only after Vinson allegedly shot out the back window of the SUV Brown was trying to escape in. Vinson was charged with assault in the first degree, assault in the second degree, discharging/shooting a firearm at or from a motor vehicle, unlawful use of a weapon and tampering with a motor vehicle in the first degree. He was taken into custody by the Versailles Police Department and held on a $50,000 cash-only bond. His bond was later reduced $25,000, 10 percent cash or surety and posted bond through one of his agents.
Thursday, January 10, 2008
Bondsman to be Sentenced in Distribution Case
Bondsman Gregory Tetro, of Columbia, is scheduled to be sentenced in US District Court in Jefferson City on January 25th. Tetro entered a plea of guilty in March 2007, to knowingly and intentionally attempting to possess with the intent to distribute a controlled substance. The plea agreement states that Gregory Tetro purchased five pounds of marijuana from a DEA agent. Between June 16 and 25, 2004, the DEA recorded a series of calls with Tetro, in which they discussed a special agent providing Tetro with marijuana to sell. Tetro estimated that he could sell approximately 30 pounds in two weeks, and agreed to start with a purchase of five pounds. They met on June 25, 2004, at the Red Roof Inn in Columbia, Missouri, and Tetro paid $2,750 for the five pounds of marijuana. He told the agent that he used to sell about 50-60 pounds of marijuana every two weeks, and was trying to re-establish his clientele. Tetro was indicted in December 2005.
Tetro was licensed in November 2004 under the authority of Jack Allison. He later worked under the authority of Tina Bozarth. Tetro’s license expired in November 2007 and his renewal application has not been approved by the department. Tetro has no pending disciplinary actions with the DIFP at this time.
Tetro was licensed in November 2004 under the authority of Jack Allison. He later worked under the authority of Tina Bozarth. Tetro’s license expired in November 2007 and his renewal application has not been approved by the department. Tetro has no pending disciplinary actions with the DIFP at this time.
MSHP Post Arrest Reports Online
Here is a handy tool. The Missouri State Highway Patrol posts arrest reports online for five days. You can search by name, county, troop, or date. The reports contain only arrests made by the MSHP and do not include arrests made by other law enforcement agencies.
Tuesday, January 8, 2008
DIFP Refuses to Renew General Agent's License
The DIFP has refused to renew the general agent’s license for Stephan Burke of Doniphan. The DIFP’s order states that Burke’s license has been refused because for the last five years, he has failed to file a monthly affadavit as required by RSMO 374.760. Additionally, the department alleges that Burke failed to supply additional information on his license renewal application as requested by the DIFP’s special investigator. The department’s order does not specify what information it had requested. Burke has 30 days to request a hearing before the Administrative Hearing Commission.
Burke has been a licensed general agent since 2001 and previously held an agent’s license beginning in 1997.
Burke has been a licensed general agent since 2001 and previously held an agent’s license beginning in 1997.
Addressing Consumer Complaints
Professional bail bond companies offer excellent customer service
A few months ago, I published a guest editorial from the DIFP, Consumer Affairs Division. The editorial stated that consumer complaints received by the Department usually involve “an agent’s handling of an initial bail transaction, misappropriation of bail money or collateral, failure to return bail money or collateral in a timely manner after proceedings have concluded and unlicensed bail bond or fugitive recovery activity. The most common complaint: lack of customer service.”
I received the following email from a person yesterday. The name and some details of the transaction have been withheld.
I am having a difficult time getting a refund from a Missouri bail bond agent and need to know what action I can take or who to contact. I was put in jail and released my belongings to a bondsman so I could post the full bail using my credit card for $600 bail, plus $120 bond fee. The bondsman said all I would need to do to get the refund is to notify him/her after my court date and it could take up to 90 days to get the $600 credited back to my card. I went to court last summer and have been in contact several times, usually getting the run-around like the boss isn't here right now, or on vacation...etc. The last time I did get a straight answer and was told the collateral would be released in 3-4 days. That was before Christmas and I am losing my patience. What can I do at this point?
I responded to the inquiry, informing the person that if a concern with a bail bond agent goes unresolved, consumer complaints should be directed to the DIFP.
If you need to get in contact with the DIFP, the Consumer Insurance Hotline is 1-800-726-7390. Anyone can file a complaint online here or download a paper complaint here.
There are always two sides to every story, but the best way to avoid disgruntled clients is to be responsive to customer inquiries.
A few months ago, I published a guest editorial from the DIFP, Consumer Affairs Division. The editorial stated that consumer complaints received by the Department usually involve “an agent’s handling of an initial bail transaction, misappropriation of bail money or collateral, failure to return bail money or collateral in a timely manner after proceedings have concluded and unlicensed bail bond or fugitive recovery activity. The most common complaint: lack of customer service.”
I received the following email from a person yesterday. The name and some details of the transaction have been withheld.
I am having a difficult time getting a refund from a Missouri bail bond agent and need to know what action I can take or who to contact. I was put in jail and released my belongings to a bondsman so I could post the full bail using my credit card for $600 bail, plus $120 bond fee. The bondsman said all I would need to do to get the refund is to notify him/her after my court date and it could take up to 90 days to get the $600 credited back to my card. I went to court last summer and have been in contact several times, usually getting the run-around like the boss isn't here right now, or on vacation...etc. The last time I did get a straight answer and was told the collateral would be released in 3-4 days. That was before Christmas and I am losing my patience. What can I do at this point?
I responded to the inquiry, informing the person that if a concern with a bail bond agent goes unresolved, consumer complaints should be directed to the DIFP.
If you need to get in contact with the DIFP, the Consumer Insurance Hotline is 1-800-726-7390. Anyone can file a complaint online here or download a paper complaint here.
There are always two sides to every story, but the best way to avoid disgruntled clients is to be responsive to customer inquiries.
Sunday, January 6, 2008
13th Circuit Issues Order on Posting Bonds
The Thirteenth Judicial Circuit has recently issued an administrative order regarding the posting of surety bonds. The order requires that:
A) All persons who act as surety must meet the requirements of Missouri Supreme Court Rule 33.17.
B) All persons who act as surety for compensation must also:
1) Meet the requirements of Missouri Supreme Court Rule 33.18.
2) Be licensed as a general agent or be licensed as a bail bond agent working under the authority of a licensed general agent. A current copy of the license should be kept on file w/ the Circuit Clerk.
3) File a General Affidavit of Qualification and a General Affidavit-Questionnaire on the forms provided by the Circuit Clerk. The forms used by the court are the Missouri Supreme Court forms from the links above.
4) File with each bond a Special Affidavit of Qualification on the form provided by the Clerk.
C) The Court shall determine whether an individual meets the qualifications to post a bond on a case by case basis, based on information provided by the individual desiring to act as surety, and any other information which may be available to the Court. The Circuit Clerk should be contacted before a surety bond in excess of $250,000 is accepted.
D) The Court may require additional collateral on any bond when it appears from the information available to the Court that the surety is without sufficient assets to cover the bond requested and all outstanding bonds for which the surety is liable.
A) All persons who act as surety must meet the requirements of Missouri Supreme Court Rule 33.17.
B) All persons who act as surety for compensation must also:
1) Meet the requirements of Missouri Supreme Court Rule 33.18.
2) Be licensed as a general agent or be licensed as a bail bond agent working under the authority of a licensed general agent. A current copy of the license should be kept on file w/ the Circuit Clerk.
3) File a General Affidavit of Qualification and a General Affidavit-Questionnaire on the forms provided by the Circuit Clerk. The forms used by the court are the Missouri Supreme Court forms from the links above.
4) File with each bond a Special Affidavit of Qualification on the form provided by the Clerk.
C) The Court shall determine whether an individual meets the qualifications to post a bond on a case by case basis, based on information provided by the individual desiring to act as surety, and any other information which may be available to the Court. The Circuit Clerk should be contacted before a surety bond in excess of $250,000 is accepted.
D) The Court may require additional collateral on any bond when it appears from the information available to the Court that the surety is without sufficient assets to cover the bond requested and all outstanding bonds for which the surety is liable.
Saturday, January 5, 2008
DIFP Orders General Agent to Cease Writing Bail
The DIFP has issued a cease and desist order prohibiting general agent Regina Muwwakkil and all others doing business under her authority from engaging in the bail bond business. The order states the Muwwakkil’s certificate of deposit was forwarded to Jackson County Circuit Court last September. After the DIFP was notified the CD had been attached, the department gave Muwwakkil several weeks to replace it. When the CD was not replaced, the DIFP issued the cease and desist order.
Muwwakkil, of Kansas City, has been licensed as a general agent since September 2006, and was previously licensed as an agent in 2001. She currently has seven agents writing under her authority.
Muwwakkil may be required to pay the costs associated with the department’s investigation when a hearing is held on February 5th.
Muwwakkil, of Kansas City, has been licensed as a general agent since September 2006, and was previously licensed as an agent in 2001. She currently has seven agents writing under her authority.
Muwwakkil may be required to pay the costs associated with the department’s investigation when a hearing is held on February 5th.
Thursday, December 20, 2007
Hugh Sentenced in Federal Wire-tapping Case
Bondsman Richard Hugh, 54, of Sparta, was sentenced in U.S. District Court to 18 months in federal prison without parole. Hugh was convicted of intercepting the telephone communications of a Springfield resident without permission. Hugh placed the phone tap on the victim’s telephone line in December 2005 in an attempt to get information that would help him locate Basil Minor, who was a fugitive in a Lawrence County, Mo., circuit court case. Hugh recorded conversations from that telephone from Dec. 13 to 24, 2005, using equipment he purchased at Radio Shack.
Hugh’s bail license expired last September. There are no pending disciplinary actions against him at this time.
US Attorney’s Press Release
Hugh Found Guilty of Wire-tapping
Hugh on Trial
Hugh’s bail license expired last September. There are no pending disciplinary actions against him at this time.
US Attorney’s Press Release
Hugh Found Guilty of Wire-tapping
Hugh on Trial
OK-Bondsmen Encounter Gunfire
According to this report from newsok.com, Oklahoma bondsmen Carole Franklin and David Dunn barely escaped with their lives in a shooting incident near Oklahoma City. Franklin and Dunn approached an apartment to apprehend a bail fugitive. As Dunn prepared to kick in the front door, Franklin observed fugitive Vicki Sanders through a window and saw that she was armed. Franklin yelled to her partner as Sanders turned the gun on Franklin and fired. Franklin threw herself to the ground and escaped injury.
The Oklahoma State Police were summoned. After a six-hour stand-off, Vicki Sanders was killed after a shoot-out with police.
The Oklahoma State Police were summoned. After a six-hour stand-off, Vicki Sanders was killed after a shoot-out with police.
Wednesday, December 12, 2007
Unsatisfied Judgment List
The bail bond unsatisfied judgment list is compiled by the DIFP and the Missouri Office of State Courts Administrator. The following companies appear on the most recent list. The list is distributed to local courts via electronic means.
1) A&J Bail Bonding, LLC, no longer licensed- 6 judgments totaling $7,900
2) L&C Investment Group, president-Douglas Cheatham of Blue Springs, MO, -no longer licensed-4 judgments totaling $103,250
3) Billy Corn Sr, Cassville, MO-1 judgment for $500
4) Sun Surety Insurance Company-1 judgment for $1,500
There are no agents, general agents, or companies reported with pending disciplinary action.
1) A&J Bail Bonding, LLC, no longer licensed- 6 judgments totaling $7,900
2) L&C Investment Group, president-Douglas Cheatham of Blue Springs, MO, -no longer licensed-4 judgments totaling $103,250
3) Billy Corn Sr, Cassville, MO-1 judgment for $500
4) Sun Surety Insurance Company-1 judgment for $1,500
There are no agents, general agents, or companies reported with pending disciplinary action.
Sunday, December 9, 2007
Bail Bond Bill Prefiled in Senate
Senator Shoemyer Wants to Abolish the “Lee Clause”
Senator Les Shoemyer-D, Clarence, has prefiled a bail bond bill, SB869, in the Missouri Senate. Shoemyer’s bill introduces no new language and only seeks to repeal five words from the current statutes. Those five words, the Lee Clause, allow felons who have not been convicted within the last 15 years to be eligible for a bail bond license or a general agent’s licence. (See full text below. The bracketed text, “within the last fifteen years,” is to be repealed.)
RSMO 374.755. 1. The department may cause a complaint to be filed with the administrative hearing commission as provided by chapter 621, RSMo, against any holder of any license required by sections 374.695 to 374.775 or any person who has failed to renew or has surrendered his or her license for any one or any combination of the following causes: (2) Final adjudication or a plea of guilty or nolo contendere [within the past fifteen years] in a criminal prosecution under any state or federal law for a felony or a crime involving moral turpitude whether or not a sentence is imposed, prior to issuance of license date;
Virgil Lee Jackson and the bail association lobbied for the Lee Clause when he was a member of the Missouri Professional Bail Bond(ing) Association. Lee wanted the clause adopted because his felony convictions were over 15 years old and he hoped that he would be able to get a general bail bond license after the clause became law. However, shortly after the bill became law, Lee was arrested for conspiring to murder his competitor, Jerry Cox. Lee pleaded guilty last month and was sentenced to 10 years in federal prison.
The Lee Clause was passed in an omnibus bill, SB1122 in 2004. The language was buried in a bill titled “Dentistry.” The bill was sponsored by committee chair Bob Behnen. Behnen inserted the bail language in the bill and accepted campaign contributions from Lee Jackson and the bail association. The Lee Clause became very controversial in the heated 18th District Senate campaign between Senator Shoemyer and former Representative Behnen. Shoemyer ran television commercials criticizing Behnen for sponsoring legislation supporting felons in the bail bond industry. Behnen lost the campaign to Shoemyer.
A spokesperson in Senator Shoemyer’s office said that Senator Shoemyer wants to repeal the felon language from the statutes because he wanted to act upon the issue he criticized his opponent for in the last campaign.
Last session, The Columbia Daily Tribune interviewed Speaker Rod Jetton about felons in the bail bond industry. When asked if felons should be allowed to be licensed as bondsmen, Jetton replied, “I believe I’m going to say no. I think that’s the correct answer – people with felonies shouldn’t have bail bond licenses. And if that comes up – I know that was a little bit of an issue there [in the Behnen-Shoemyer race] – I’m sure Sen. Shoemyer may deal with that. And I would anticipate that would probably get a lot of support.”
The bill is simple and straightforward. In only seeks to repeal the felon language from the law. We’ll see if it gets bogged down in the legislative session or wins support from those claiming they will support corrective language.
More Coverage on Felons in the Industry
Former Bondsman Gets Extensive Press 10/22/2007
Columbia Missourian: Felons Writing Bail 3/30/2007
Tribune Interviews Jetton About Bail Law 1/26/2007
Tribune Looks at Felon Provision 10/29/2006
STL Post Dispatch Series on Legislation and Jackson 10-11/2006
Law and Sausage Chronology of Bail Law Passage 10/3/2006
Joplin Globe Investigates Bail Bond Law 6/14/2006
Globe Investigates Bondsman with Criminal History 6/5/2006
How Felons Become Bondsmen 4/16/2006
Senator Les Shoemyer-D, Clarence, has prefiled a bail bond bill, SB869, in the Missouri Senate. Shoemyer’s bill introduces no new language and only seeks to repeal five words from the current statutes. Those five words, the Lee Clause, allow felons who have not been convicted within the last 15 years to be eligible for a bail bond license or a general agent’s licence. (See full text below. The bracketed text, “within the last fifteen years,” is to be repealed.)
RSMO 374.755. 1. The department may cause a complaint to be filed with the administrative hearing commission as provided by chapter 621, RSMo, against any holder of any license required by sections 374.695 to 374.775 or any person who has failed to renew or has surrendered his or her license for any one or any combination of the following causes: (2) Final adjudication or a plea of guilty or nolo contendere [within the past fifteen years] in a criminal prosecution under any state or federal law for a felony or a crime involving moral turpitude whether or not a sentence is imposed, prior to issuance of license date;
Virgil Lee Jackson and the bail association lobbied for the Lee Clause when he was a member of the Missouri Professional Bail Bond(ing) Association. Lee wanted the clause adopted because his felony convictions were over 15 years old and he hoped that he would be able to get a general bail bond license after the clause became law. However, shortly after the bill became law, Lee was arrested for conspiring to murder his competitor, Jerry Cox. Lee pleaded guilty last month and was sentenced to 10 years in federal prison.
The Lee Clause was passed in an omnibus bill, SB1122 in 2004. The language was buried in a bill titled “Dentistry.” The bill was sponsored by committee chair Bob Behnen. Behnen inserted the bail language in the bill and accepted campaign contributions from Lee Jackson and the bail association. The Lee Clause became very controversial in the heated 18th District Senate campaign between Senator Shoemyer and former Representative Behnen. Shoemyer ran television commercials criticizing Behnen for sponsoring legislation supporting felons in the bail bond industry. Behnen lost the campaign to Shoemyer.
A spokesperson in Senator Shoemyer’s office said that Senator Shoemyer wants to repeal the felon language from the statutes because he wanted to act upon the issue he criticized his opponent for in the last campaign.
Last session, The Columbia Daily Tribune interviewed Speaker Rod Jetton about felons in the bail bond industry. When asked if felons should be allowed to be licensed as bondsmen, Jetton replied, “I believe I’m going to say no. I think that’s the correct answer – people with felonies shouldn’t have bail bond licenses. And if that comes up – I know that was a little bit of an issue there [in the Behnen-Shoemyer race] – I’m sure Sen. Shoemyer may deal with that. And I would anticipate that would probably get a lot of support.”
The bill is simple and straightforward. In only seeks to repeal the felon language from the law. We’ll see if it gets bogged down in the legislative session or wins support from those claiming they will support corrective language.
More Coverage on Felons in the Industry
Former Bondsman Gets Extensive Press 10/22/2007
Columbia Missourian: Felons Writing Bail 3/30/2007
Tribune Interviews Jetton About Bail Law 1/26/2007
Tribune Looks at Felon Provision 10/29/2006
STL Post Dispatch Series on Legislation and Jackson 10-11/2006
Law and Sausage Chronology of Bail Law Passage 10/3/2006
Joplin Globe Investigates Bail Bond Law 6/14/2006
Globe Investigates Bondsman with Criminal History 6/5/2006
How Felons Become Bondsmen 4/16/2006
Friday, December 7, 2007
FL-Bondsman Assaulted with Vehicle and Gun
According to this report in the The Ledger of Lakeland, FL, bondsman Terry Wells was assaulted with a gun and a vehicle as he tried to take Davis Paul King into custody for failing to appear on a $17,500 bond. Wells received a tip that King was trying to sell a stolen car in the parking lot of a Walgreens store. When Wells arrived, King recognized him and hit Wells’ car numerous times and then pulled a gun from the passenger seat. Wells pushed the gun out of King's hands and secured King on the ground before police arrived.
King was charged with theft grand auto, possession of methamphetamine, possession of oxycodone, possession of a prescription drug without a prescription, battery of a bail bonds personnel and failure of a defendant on bail to appear.
King was charged with theft grand auto, possession of methamphetamine, possession of oxycodone, possession of a prescription drug without a prescription, battery of a bail bonds personnel and failure of a defendant on bail to appear.
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