Brian Woods Jr. found it impossible to leave his ex-girlfriend alone. As a result, he allegedly attacked her at Sowela Technical Community
College on Feb. 23.
According to witnesses, Woods, 24, choked her in a school parking lot. She freed herself from his grasp and ran toward the
Sowela administrative offices.
Woods followed her in his car and ran over her as she approached the on-campus snack area. An employee heard the woman’s screams
and rushed to her aid, pulling her inside the eating area as Woods tried to run over her again.
Blood from the victim was found against the building, and Woods vehicle left deep tire imprints in the grass surrounding the
building where he attacked her.
The young woman was hospitalized.
Woods, who fled the scene, was arrested in Jennings and returned to Lake Charles. He was booked into the Calcasieu Correctional
Center on charges of attempted second-degree murder and attempted second-degree kidnapping.
State Judge Clayton Davis set Woods’ bond at $400,000. Woods was indicted by a grand jury on those charges March 29. This
was not the first time Woods was arrested for attacking the woman.
Domestic abuse advocates and law enforcement officials believe the Woods case exemplifies a problem victims face when domestic
abusers are able to get out of jail easily after posting a financially manageable bond.
Deputies with the Calcasieu Parish Sheriff’s Office arrested Woods after he attacked the woman Feb. 10. At that time he was
accused of choking her; at that time she was his girlfriend. She escaped and was able to get into her own vehicle.
The crime report said that during the ensuing pursuit, Woods used his vehicle to hit hers several times.
Woods turned himself in to authorities and was charged with domestic abuse and aggravated battery. State Judge Wilford Carter
set his bond at $3,000.
Kathy Williams, executive director of the women’s shelter Oasis, said the Woods case is an example of what goes wrong many
times when an abusive partner decides to settle matters their way. She fears the judicial system is not responsive to the
plight of abuse victims due to what she characterizes as low bonds.
“I am not sure the judges know how
serious it is. I think that you can get a lower bond for abusing
somebody you know as it
relates to picking a fight with a total stranger and ending up
with a high bond,” she said. “My questions is, what would the
judges do if their family member was a victim of domestic abuse?”
In Louisiana, the bail system is set up
to ensure that defendants make scheduled court appearances. After being
arrested,
a suspect is processed into a prison facility. Before or after
arrest — depending on if a long-term investigation occurred
prior to the arrest and a warrant and bond were sought by
investigators — a judge will read a report written by the arresting
officer related to the suspect’s crime and determine the bond
amount.
To be released from jail, with the promise of being present for court appearances, the suspect by law must post 10 percent
of his or her bond.
The American Press spent several months researching the bond amounts set by 14th Judicial District judges in domestic abuse cases. Cases like
Woods’ occur often and prompted the newspaper to investigate to determine if bonds involving domestic abuse are too low.
Bail records related to domestic abuse battery were obtained from the Calcasieu Parish Sheriff’s Office. Bonds set by all
seven judges from September 2011 to February 2012 were reviewed.
A total of 264 bonds were set for the charge of domestic abuse battery. That amount totaled $820,893. The average bond amount
was $3,109.
Judge Carter set 78 bonds, the most during that period among the judges. His average bond was $1,450.
Judge Clayton Davis had the second-highest number of bonds set on those charges with 48. His average was $4,359.
Judge Robert Wyatt set the lowest number of bonds for domestic abuse battery with two, which averaged $500.
Judges can set bonds at their own discretion, even though an amendment was made to the state criminal code that mandates bond
be set for anyone charged with domestic abuse.
State Rep. Mike Danahay introduced the bill doing so; it was signed by Gov. Bobby Jindal as Act 584 in 2010.
“The emphasis of the bill was to slow the process down. What was taking place is that law enforcement would go to a scene,
make an arrest, bring the person to jail and start the booking process,” Danahay said.
“While that was happening they (arrested individuals) could get released on their own recognizance. In many cases, the person
would return to the scene and create another disturbance and put the victim and law enforcement at risk.”
He sponsored the measure at the behest of local law enforcement officials. Danahay said the intent was not to take away a
judge’s authority to set bonds
“We aren’t dictating that. The bond could be $1 or more. That’s on the judge, and we don’t want to handcuff them. But now
a bond has to be set and a person may not be able to get the money they need and end up sitting in jail,” Danahay said.
“That gives time for the situation to be alleviated by the parties calming down or at least giving the victim a chance to
leave or make whatever arrangements they need to.”
But with bonds being affordable for
some, the proverbial “cooling off” period may not occur — and that
worries local law enforcement
leaders.
Lake Charles Police Chief Don Dixon supports a mandatory minimum bail set when a suspect is arrested twice on the same charge.
“I can think of one homicide in
particular that was right before Christmas several years ago. The guy
got out on a low bond
and killed the lady right in front or her daughter,” he said.
“Every case should be judged on its individual merit, but you
have to take into consideration the amount of violence that
occurred before an arrest.”
Dixon said incidents involving spouses
and partners are difficult for police to sort through because of high
levels of emotion
displayed while the crisis is occurring. He said judges would not
support minimum bonds after a second domestic abuse arrest.
“But any time you deal with violence of any kind, there is always the propensity that the suspect will get out and commit
the crime again. That, to me, is when the hammer should come down on the second offense,” Dixon said.
Calcasieu Sheriff Tony Mancuso said the mental state of people who commit domestic abuse is hard to determine after they post
bond.
“And there is no way for police or a judge to know. Our hope is that the judge reads the affidavit that goes with an arrest.
You hope it helps protect someone,” he said.
Mancuso also said that if higher bonds were set, the judicial system would become even more “clogged” with cases.
“There have been efforts to pass
mandatory bond amounts. But that would backlog the system. That is an
argument that I understand.
It is not a healthy situation, but it is our system. Judges have
to make the decision,” he said.
Williams argues that a person arrested for domestic abuse should have to sit in jail at least 48 hours before a bond is set.
“Because some people get out in about 10 hours after being booked. They may still be mad. And probably madder when they get
out so fast. With a couple of days in jail, they may get their senses,” she said.
The American Press contacted law enforcement officials in Rapides Parish to find out the average bond set on domestic abuse battery charges
there.
Rapides officials said bonds depend on the circumstances involved in the arrest. Judges, as they do around the state, read
police reports and set their bonds.