Ex Parte Jamell D. Brooks
2012 Tex. App. LEXIS 6130
| Tex. App. | 2012Background
- Appellant Jamell D. Brooks challenges the trial court’s denial of a bail-reduction request from $750,000.
- Article 17.15 factors govern setting bail: high enough to assure appearance, not oppressive, nature of offense, ability to make bail, and future safety of victim/community.
- Rubac factors (work record, family ties, residence, prior record, bond-history conformity, other outstanding bonds, aggravating circumstances) inform appellate review.
- Brooks could not post $75,000 for $750,000 bail; he testified he could contribute only about $2,500 if bail reduced to $25,000.
- Brooks had two prior misdemeanor DWI and marijuana convictions; he had been employed by the Texas Department of Transportation with limited savings and no substantial assets.
- The offense is aggravated assault of a public servant (Sergeant Sheehan); probable-cause affidavit describes firing into the air, pursuing Brooks, and Brooks raising a gun toward the officer; trial set for November 2012; Brooks is represented by court-appointed counsel.
- Majority reverses and remands to set reasonable bail and impose appropriate conditions; dissent would affirm the denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the bail reduction was an abuse of discretion under Art. 17.15 and Rubac. | Brooks argues bail was excessive given ties and finances. | Brooks bears burden to show bail exceeds reasonable amount. | Yes; trial court abused discretion; remanded for reasonable bail. |
| Whether Brooks’s financial ability supports a lower bond. | Brooks cannot afford $75,000; funds insufficient. | Inability to pay alone does not fix excessiveness; balance interests apply. | Even considering ability to pay, no automatic deprivation; abuse found due to overall record. |
| Whether the nature of the offense justifies the current bail level. | Offense is serious (aggravated assault of a police officer). | First-degree felony offenses warrant a wide bail range; $750,000 is within observed ranges. | The nature of the offense supports a higher bail within reasonable range. |
Key Cases Cited
- Ex parte Vasquez, 558 S.W.2d 477 (Tex.Crim.App.1977) (relevant considerations for bail reduction and oppression)
- Ex parte Rubac, 611 S.W.2d 848 (Tex.Crim.App.1981) (establishes abuse-of-discretion rubric and factor list)
- Ex parte Beard, 92 S.W.3d 566 (Tex.App.-Austin 2002) (excessive bail as amount greater than legitimate government interests)
- Ex parte Charlesworth, 600 S.W.2d 316 (Tex.Crim.App.1980) (bail should assure appearance but not oppress)
- Maldonado v. State, 999 S.W.2d 91 (Tex.App.-Houston [14th Dist.] 1999) (discusses factors for setting bail including ties and community connection)
- Ex parte Hunt, 138 S.W.3d 503 (Tex.App.-Fort Worth 2004) (zone of reasonable disagreement standard for abuse-of-discretion review)