CLARKSVILLE, TN (CLARKSVILLE NOW) – Several developments came out of a hearing Thursday for Dalton Levi Eatherly, who is charged in a May 13 shooting outside the Montgomery County Courts Center.
Eatherly, 28, is charged with shooting Joshua Fox that afternoon in Millennium Plaza. On Thursday, his case was bound over to the grand jury, and bail was reset at $1 million. Here are some highlights from the hearing.
1. Surveillance cameras recorded incident
Montgomery County Sheriff’s Office investigators testified that video surveillance cameras documented the confrontation.
At about 1:15 p.m., Eatherly approached Fox with a selfie stick in his hand. After a verbal altercation, Eatherly walked away. Fox then approached him and Eatherly reached for a gun his jacket pocket, investigators said. The men began fighting, and as Fox took Eatherly to the ground, a bullet could be seen ricocheting. Seven shell casings were recovered at the scene, all seven from the same gun.
2. Searches find body armor, airline ticket
Investigators searched Eatherly’s truck and his home. They found an airline ticket to Istanbul, dated for a May 22 departure. They also found a bulletproof vest, a rifle, a shotgun, ammunition and a suspected bag of marijuana. They also recovered Eatherly’s electronic devices for evidence.
A mobile forensics investigator showed the court “inflammatory racial videos” and social media posts made in the weeks leading up to the shooting. One highlighted a post from early May that stated Eatherly would use lethal force to defend himself and walk away free.
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3. Why Eatherly’s bail was set at $1 million
Bond was initially set at $1.25 million, and on Thursday Judge Poland reset bond at $1 million. He explained that according to state law, if a defendant is out on bond on other charges, the bond for the new charges must be at least two times the customary amount. At the time of the shooting, Eatherly was out on bond from an arrest in Nashville, where he was charged with disorderly conduct, resisting arrest and theft. In Clarksville, he also has a pending harassment case, which was bound over to the grand jury in April.
In the May 13 courthouse incident, he is charged with attempted murder, employing a firearm during the commission of a dangerous felony, aggravated assault, and reckless endangerment with a deadly weapon, according to his arrest warrant. That adds up to a customary bond of about $500,000, which the judge said the state requires to be doubled, to $1 million.
| FULL STORY: Courthouse shooter bond reset at $1 million, detectives find body armor, ticket to Istanbul
4. Bond conditions include gag order
Poland said that if Eatherly makes bond, he will have to wear a GPS monitor, must relinquish all weapons and firearms, and will be under a gag order with no interviews or social media activity about the incident. The gag order also applies to all witnesses in the case. Poland also said the passport application process would be stopped, and rescinded if it has been issued.
The judge also said that no money raised through crowdfunding after May 13 could be used toward the bond. He said a Circuit Court judge will take that matter up in a sourcing hearing.
5. What’s next: Grand jury hearing
Poland bound the case over to the grand jury, which will determine whether to formally indict Eatherly on the charges. Grand juries are convened monthly, and each jury hears a wide variety of criminal cases. By state law, their proceedings are secret and not open to the public. If a formal indictment is issued, the indictment will be made public and a trial date will be scheduled.
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