Found Deceased KY - Savannah Spurlock, 22, left 'The Other Bar' with 2 men, Richmond, 4 Jan 2019 #6 *Arrest*

[Seattle1]

Iirc, they asked for bond, at the hearing in front of Judge Oliver, and the County Atty., Mr. Metcalf, argued against it, so Judge Oliver denied the bond, and is leaving it up to the judge who will be hearing the case, after it goes to the grand jury. The grand jury meets on August 14th. I think there's a full video of the hearing. I'll see if I can find it.

In KY, bond requires an additional party to assist the court -- "pretrial services programs officer."

Bond
In lieu of commercial bail bonding, which is outlawed in Kentucky, the state utilizes pretrial services programs to assist the Court in setting bond. With the goal of setting the least restrictive release terms, the pretrial services officer interviews defendants within 12 hours of arrest. The officer gathers extensive information about the accused and the crime charged. He or she makes a bond recommendation to the judge based on such factors as the nature of the crime, whether the defendant poses a danger to public safety, and how likely it is that the defendant will appear in court.

The pretrial services officer’s recommendation is presented at the arraignment (or pretrial hearing), and bond is set.

Kentucky Criminal Procedure and Charging Process - Wolfe & Houlehan law firm in Lexington, Kentucky

 

[bwt42]

In KY, bond requires an additional party to assist the court -- "pretrial services programs officer."

Bond
In lieu of commercial bail bonding, which is outlawed in Kentucky, the state utilizes pretrial services programs to assist the Court in setting bond. With the goal of setting the least restrictive release terms, the pretrial services officer interviews defendants within 12 hours of arrest. The officer gathers extensive information about the accused and the crime charged. He or she makes a bond recommendation to the judge based on such factors as the nature of the crime, whether the defendant poses a danger to public safety, and how likely it is that the defendant will appear in court.

The pretrial services officer’s recommendation is presented at the arraignment (or pretrial hearing), and bond is set.

Kentucky Criminal Procedure and Charging Process - Wolfe & Houlehan law firm in Lexington, Kentucky

I'll remain confused. However, I believe the new judge should make the bond determination before the grand jury.

 

[rsd1200]

In KY, bond requires an additional party to assist the court -- "pretrial services programs officer."

Bond
In lieu of commercial bail bonding, which is outlawed in Kentucky, the state utilizes pretrial services programs to assist the Court in setting bond. With the goal of setting the least restrictive release terms, the pretrial services officer interviews defendants within 12 hours of arrest. The officer gathers extensive information about the accused and the crime charged. He or she makes a bond recommendation to the judge based on such factors as the nature of the crime, whether the defendant poses a danger to public safety, and how likely it is that the defendant will appear in court.

The pretrial services officer’s recommendation is presented at the arraignment (or pretrial hearing), and bond is set.

Kentucky Criminal Procedure and Charging Process - Wolfe & Houlehan law firm in Lexington, Kentucky

They used the word "bond" in the paper. I live here, and I use it interchangeably w/bail. They'll see to him in time, whichever it is that he is allowed, (or not), in the mean time, I'm sure he's doing just fine in the Lincoln County Jail. Roof, food, meals, and his family can see and speak to him. Idk of he killed the girl or not, but he has sure put himself in a very poor light.

 

[rsd1200]

I'll remain confused. However, I believe the new judge should make the bond determination before the grand jury.

That may happen, he just hasn't been put on the docket yet, last I checked. The Grand Jury will determine if there is enough evidence to pursue the case. Hopefully the tox results will be back by then.

ETA: If all they have is some blood on a door, and abuse of a corpse, and tampering with evidence, the tox screen may be very valuable. He, and others, may get more talkative too, between now and then.

 

[Seattle1]

They used the word "bond" in the paper. I live here, and I use it interchangeably w/bail. They'll see to him in time, whichever it is that he is allowed, (or not), in the mean time, I'm sure he's doing just fine in the Lincoln County Jail. Roof, food, meals, and his family can see and speak to him. Idk of he killed the girl or not, but he has sure put himself in a very poor light.

From the time of his arrest, pending identification of Savannah's remains - I believe it was known by all that case would most likely be waived to grand jury for indictment of additional charges.

It doesn't follow that "pretrial services" could complete recommendation to judge for bail bond amount with knowledge of grand jury hearing pending.

I agree that DS is doing just fine enjoying all the amenities that his victim was denied. MOO

 

[rsd1200]

From the time of his arrest pending identification of Savannah's remains - I believe it was known by all that case would most likely be waived to grand jury for indictment of additional charges.

It doesn't follow that "pretrial services" could complete recommendation to judge for bail bond amount with knowledge of grand jury hearing pending.

I agree that DS is doing just fine enjoying all the amenities that his victim was denied. MOO

Oh, absolutely, the judge even spoke about the grand jury convening, and the date, during the court hearing that morning, iirc. I don't believe that the District Judge last Monday, is the judge who will be overseeing the case though. He, imo, took care of formalities, until the judge who will be overseeing the case, is there and in session. We have District Court, Circuit Court, and Family Court. I think that DS will fall under Circuit Court, due to the nature of the crime (I could be wrong though).

 

[Seattle1]

I'll remain confused. However, I believe the new judge should make the bond determination before the grand jury.

Kentucky bail bond procedures are actually very clear.

What is most clear is if defendant does not first meet with pretrial services, judge will not set a bond.

I believe it's likely that defendant DS waived his interview with "pretrial services" when first detained, and will have another chance for bond at his second arraignment (after grand jury).

To my knowledge, there's been no report that DS or his public defender are protesting his being detained without bond, or that he's been denied due process pursuant to bail bond hearing. MOO

Bond and Arraignment - Department of Public Advocacy

If you are detained, you must be interviewed by Pretrial Services within 24-hours. The Pretrial Services Officer will then give information from that interview to the Judge so the Judge can set your bond. It is very important that you meet with Pretrial Services. If you do not, then the Judge will not set a bond. If a bond has been set, your bond can be posted at your local county courthouse or the local jail (in most counties). bbm

[...]

If you are charged with a felony, you will have a second arraignment in Circuit Court. This arraignment will take place after you are done with district court, and after your case has been presented to the Grand Jury. If the Grand Jury issues an indictment, you will be brought before the Circuit Court Judge. Prior to your arraignment, the Circuit Court judge will review your bond. The bond may go up, or down. If you are out of custody, this may mean that you will be placed back in custody on a higher bond. At your arraignment, your lawyer can move the court to reduce your bond. bbm

 

[rsd1200]

Kentucky bail bond procedures are actually very clear.

What is most clear is if defendant does not first meet with pretrial services, judge will not set a bond.

I believe it's likely that defendant DS waived his interview with "pretrial services" when first detained, and will have another chance for bond at his second arraignment (after grand jury).

To my knowledge, there's been no report that DS or his public defender are protesting his being detained without bond, or that he's been denied due process pursuant to bail bond hearing. MOO

Bond and Arraignment - Department of Public Advocacy

If you are detained, you must be interviewed by Pretrial Services within 24-hours. The Pretrial Services Officer will then give information from that interview to the Judge so the Judge can set your bond. It is very important that you meet with Pretrial Services. If you do not, then the Judge will not set a bond. If a bond has been set, your bond can be posted at your local county courthouse or the local jail (in most counties). bbm

[...]

If you are charged with a felony, you will have a second arraignment in Circuit Court. This arraignment will take place after you are done with district court, and after your case has been presented to the Grand Jury. If the Grand Jury issues an indictment, you will be brought before the Circuit Court Judge. Prior to your arraignment, the Circuit Court judge will review your bond. The bond may go up, or down. If you are out of custody, this may mean that you will be placed back in custody on a higher bond. At your arraignment, your lawyer can move the court to reduce your bond. bbm

I think that they have their ducks in a row, is all I'm sayin' bail, or bond. That Judge is a pretty smart fella, and the county atty is well respected.

 

[rsd1200]

Thanks for this update.

I'll amend my post that "a judge" will review the bond, after grand jury concludes, (and not Judge Oliver).

I believe it will fall under Judge Daugherty, but, "a judge" for now is probably best in case I'm wrong. Judge Oliver is a District Judge, so I don't think this will fall under him.

 

[rsd1200]

I'll remain confused. However, I believe the new judge should make the bond determination before the grand jury.

Join me. Bail and bond just mean the same to me. All I ever want to know is; How much is it? Where do you pay it? Before I decide... Will I get any of it back if they don't show?

 

[bwt42]

From the time of his arrest, pending identification of Savannah's remains - I believe it was known by all that case would most likely be waived to grand jury for indictment of additional charges.

It doesn't follow that "pretrial services" could complete recommendation to judge for bail bond amount with knowledge of grand jury hearing pending.

I agree that DS is doing just fine enjoying all the amenities that his victim was denied. MOO

Don't see any reason why knowledge of a grand jury would affect a pretrial services recommendation.

 

[bwt42]

Kentucky bail bond procedures are actually very clear.

What is most clear is if defendant does not first meet with pretrial services, judge will not set a bond.

I believe it's likely that defendant DS waived his interview with "pretrial services" when first detained, and will have another chance for bond at his second arraignment (after grand jury).

To my knowledge, there's been no report that DS or his public defender are protesting his being detained without bond, or that he's been denied due process pursuant to bail bond hearing. MOO

Bond and Arraignment - Department of Public Advocacy

If you are detained, you must be interviewed by Pretrial Services within 24-hours. The Pretrial Services Officer will then give information from that interview to the Judge so the Judge can set your bond. It is very important that you meet with Pretrial Services. If you do not, then the Judge will not set a bond. If a bond has been set, your bond can be posted at your local county courthouse or the local jail (in most counties). bbm

[...]

If you are charged with a felony, you will have a second arraignment in Circuit Court. This arraignment will take place after you are done with district court, and after your case has been presented to the Grand Jury. If the Grand Jury issues an indictment, you will be brought before the Circuit Court Judge. Prior to your arraignment, the Circuit Court judge will review your bond. The bond may go up, or down. If you are out of custody, this may mean that you will be placed back in custody on a higher bond. At your arraignment, your lawyer can move the court to reduce your bond. bbm

If DS waived his interview with pretrial services, why did his attorney ask that bail be set?

 

[Deleted member 158085]

Thanks for your input, I am not from the us, but the UK so our system is different. As you said his charges are minor, although i fail to see how abuse of a corpse is minor, but as I said I'm from the UK so everything is different here, I would still see abuse of a corpse as a big thing..in fact disgusting. I'm still learning here, about felony, misdemeanors etc. But as you said, I would think the judge would not just read the crimes, and would in fact consider everything that led up to the charges ie..there was a woman missing for 6 months, who turned up on his family's property in a disrespectful state..... While HE knew where she was all along. I do believe that would come in to play. And I don't think the judge's wouldn't consider that at all, in fact I think that's the first thing they consider when deciding bail, would be all the details, and not just the charges.

I’m from the US and I agree with you that abuse of a corpse is not a minor thing. Obviously, the judge also believed that.

 

[jULIA_bEE]

I'm not the one questioning due process. Where's your link attorney asked for bail at arraignment? Where's your link that defendant protesting being detained without bail and/or a bail hearing before the grand jury delivers indictment?

DS and his atty don’t seem to be protesting. They requested it, the judge told them he’d review it and then decided he would pass it on to the judge in August. They seemed to take it in stride...

 

[Seattle1]

DS and his atty don’t seem to be protesting. They requested it, the judge told them he’d review it and then decided he would pass it on to the judge in August. They seemed to take it in stride...

Exactly! Thank you for local input <modsnip - bickering>

DS is receiving all the comforts in jail that he denied Savannah.

MOO

 

[Ree89]

Would I be right in assuming district court is the same as crown court in the UK? As in the highest court?

 

[jULIA_bEE]

Would I be right in assuming district court is the same as crown court in the UK? As in the highest court?

I found an article that kind of highlights the similarities and differences. ETA: I should’ve read the post slower lol

Major Differences Between the US and UK Legal Systems - Blog | @WashULaw

 

[Seattle1]

Would I be right in assuming district court is the same as crown court in the UK? As in the highest court?

They’re pretty similar. I found an article that kind of highlights the similarities and differences.

Major Differences Between the US and UK Legal Systems - Blog | @WashULaw

In the state of Kentucky, "District Court" is the court of limited jurisdiction.

However, Kentucky "Circuit Court" is the court of general jurisdiction that hears civil matters involving more than $5,000, capital offenses and felonies, land dispute title cases and contested probate cases. Circuit Court has the power to issue injunctions, writs of prohibition and writs of mandamus and to hear appeals from District Court and administrative agencies.

"Circuit Court" would be the same as crown court.

Courts Circuit Court

 

[girlhasnoname]

DS being arrested and held without bail/bond speaks volumes to me. Just because LE hasn't released a lot of details (and now there's a gag order) doesn't mean they don't have a much clearer picture of what happened than we know.

For thinking it may have been an accidental overdose, I'd have to say that it in no way makes any sense that DS would then bind her naked body and bury her instead of calling 911. He doesn't seem to have a prior record of drug offenses or criminal activity.

I wonder if DS could have dug Savannah's remains up in order to move them from his parents and then didn't get the chance, leading to the 'odor'?

MOO

 

[Ree89]

Yes looking back now I believe le knew all along she wasn't alive, I remember the last update before she was found was something along the lines of they have an idea of what's going on its just putting the pieces together, so what we now know they knew is they found blood and he had enquired about a rug, that in itself speaks volumes, yes not enough to act on but would give you an idea, but I'll bet they still have more. Even in regards to that car they towed back in january, may have been evidence in that.