CLARKSVILLE, TN (CLARKSVILLE NOW) – A Clarksville man out on bond with first-degree murder charges was arrested last week, accused of assaulting his children’s mother. And due to Tennessee’s bail bond laws, was already out again a couple of days later.
This not the first time someone out on bond for violent felony charges has been rearrested, and because state laws allow even those charged with murder to post bail, it likely won’t be the last.
A homicide, then an assault
Cornel Oliver, 30, along with two others pleaded guilty in 2015 to federal weapons charges for his involvement in a deadly 2010 home invasion on Elder Street in Clarksville that left one dead. However, due to changes in federal sentencing laws, all three had their 25-year sentences vacated.
In October, a Montgomery County grand jury returned new indictments for all three on first-degree murder charges. Oliver, however, was able to post bail and has been out of jail since December with a GPS ankle monitor.
At about 10:30 p.m. on Sunday, Jan. 30, Clarksville Police responded to a call about an aggravated domestic assault, according to court documents obtained by Clarksville Now.
The victim, who has children in common with Oliver, told police she went to Oliver’s residence to drop off the children, and the two got in an argument. Oliver hit her, the records said, then chased her down and choked her to the point she couldn’t breathe.
Oliver was then arrested, and according to court records, he’s out on bond again.
Repeat offenders
Under Tennessee’s cash bond system, even those charged with violent offenses can post bail, which gives way to the possibility that they might offend again with deadly consequences. And it’s happened several times in Clarksville.
Most recently, 28-year-old Mark Ellis was charged with weapon and drug possession in the shooting at Waffle House on Fort Campbell Boulevard on Jan. 23 that left three with gunshot wounds and several others injured.
At the time, Ellis was out on bond for murder charges stemming from the death of 22-year-old Taren Lyles, who was shot in 2018 while her two young children were strapped in their car seats. Ellis is now in federal custody.
In 2015, 27-year-old Joshua Aretz was out on bond for homicide charges from a shooting in 2014 at a residence on Needmore Road that left 19-year-old Adam Marquez dead.
While out on bond, Aretz was involved in another murder. Liperial “Savon” Easterling, 21 and a Fort Campbell soldier, was found shot to death on the porch of his Teakwood Drive home on Aug. 9, 2015.
In 2017, Aretz was sentenced to 47 1/2 years in prison after pleading guilty in both murder cases.
How Tennessee’s bond laws work
So how are individuals indicted on such serious charges as first-degree murder able to post bond?
It comes down to the way Tennessee’s cash bail system works. According to Tennessee state law, every person accused of a crime is entitled to bail until convicted unless they are involved in a capital offense case, where the death penalty is on the table. For the most part, privately operated bondsman companies assist in covering bail.
While the words are often used interchangeably, “bail” is technically the cash amount set by a judge, and “bond” is the agreement between the individual and a bondsman to pay bail.
There are a few exceptions where an offender can be held without bond, such as if they’ve violated their probation or the offender was a fugitive. In these cases, a judge can order them held without bond.
Oftentimes, offenders only pay 10% of their set bail to a private bail bondsman, who then enters a surety as a promise to pay the full amount should the offender not show up to their scheduled court date. And for the required 10% up front, many bail bondsmen allow defendants to set up a payment plan.
The courts do have some say in determining the amount certain offenders have to post in order to be released from custody. Factors considered by judges and clerks in setting a bail amount can include the defendant’s prior criminal record, the nature of their offense, whether they’re a flight risk, their history of appearing in court when scheduled, and their ties to the community.
If an offender feels that the bail set is excessive, by law they have a right to petition the judge for a reduction.
But the bail/bond system isn’t used everywhere. Other states such as Kentucky have reformed their cash bail system altogether.
Instead of allowing bondsmen to operate, Kentucky give the courts three options for offenders. Judges can set a cash bail, but there are no bondsmen to assist in covering the costs. Offenders can also be held without bond on mandated retention. Or judges can allow administrative release, which can be used for those accused of particular nonviolent, nonsexual crimes.