BUFFALO, N.Y. — Under the changes to the cash bail system as part of Governor Andrew Cuomo’s criminal justice reforms, Sherman Price, who had been arrested on a felony burglary charge in Cheektowaga was released and given an appearance ticket, instead of being brought before a judge who in the past could have ordered him held on bail.
According to Erie County District Attorney John Flynn, Price abided by the terms of the new laws, and made an initial court appearance as he was supposed to.
However, while awaiting future court hearings, Flynn says Price then committed another felony burglary.
“He was released, and is alleged to have gone out and done it again,” said Flynn.
But because that burglary charge is among many “non-qualifying offenses” for which a judge can no longer set bail, Price was released again.
It was at that point that prosecutors sought to exercise another option under the new law: their ability to request a hearing, at which time they would be allowed to try and convince a judge that Price, due to being charged again, should have bail set in his case even though the underlying charge of burglary was not an offense for which bail can be set.
In the meantime, though, Price remained free.
“Even though the person has allegedly committed a second felony that person cannot be put in custody right away. You have to wait until the hearing occurs,” Flynn said.
According to Flynn, before that hearing was even held, Price then committed “several additional” burglaries, for which he was arrested Tuesday night, on the eve of the bail hearing.
“Between when we asked for the hearing and today, he committed multiple burglaries,” Flynn said.
That was enough to convince a judge on Wednesday that Price was out of chances, before the judge ordered him held on $50,000.
Price also faces burglary charges in the City of Buffalo, according to Flynn.
Flynn is hoping state legislators who passed the criminal justice reforms will adjust them, to address cases like Price’s.
“If a person commits a felony and they get let out and then they commit a second felony, perhaps we should not have to wait until the hearing date to keep them locked up. We should be able to put bail on them at that point, and then let them have the hearing a day or two later. And then if I don’t have enough at the hearing to convince the judge, then they would be let out,” Flynn said.
Under the new law, prosecutors can also move for a hearing to have bail set for a defendant who would otherwise not be held, if they fail to show up in court on a consistent basis, and where it can be demonstrated that they are “willfully and persistently” failing to appear in order to avoid justice.
