By Meghan McCormick
Roger Lee Shrum was charged in Cleveland County District Court earlier this year with conspiracy and arson in connection with a 3-year-old unsolved homicide.
He was released from jail custody after he posted a personal recognizance bond, court records show. Shrum, 41, of Moore, is among a number of Cleveland County defendants who haven't had to post any money to get out of jail.
A personal recognizance bond releases a defendant from jail once that person has signed a written agreement or promised to make their next court appearance.
Court records show Shrum, Harley Davidson Scott, 28, and Bill Joe Scott, 50, were charged Aug. 10 with conspiracy, second-degree arson and third-degree arson. Prosecutors have accused the men of planning to set fire to and destroy a woman's residence in Norman and another residence belonging to the woman in August 2006 to cover up evidence relating to her murder, according to court papers.
Harley Davidson Scott is in prison, according to court records. Scott is serving time at the R.B. Dick Conner Correctional Center in Hominy for conspiracy to commit a felony, embezzlement, unlawful possession of a controlled dangerous drug, possession of a firearm in the commission of a felony and escape from a penal institution.
Bill Scott's whereabouts are unknown. According to court records, a warrant for his arrest was issued Aug. 21.
When Shrum made his initial court appearance Aug. 18, Cleveland County prosecutors asked that bond be set at $20,000. According to the court minute filed, Special District Judge Rod Ring ordered the man released, once he could post a personal recognizance bond.
Purpose not to punish
Shrum's attorney Tim Kuykendall said he has hundreds of clients released on personal recognizance bonds besides Shrum.
"The purpose of bond is not to punish," Kuykendall said. "The purpose is to make sure they appear in court when they're supposed to appear in court."
Kuykendall said judges consider many factors when they set bonds. The seriousness of the charge, likelihood of conviction and whether the defendant owns property in the county are just a few of those factors, he said.
In Shrum's case, he fit the criteria for a personal recognizance bond for several reasons, Kuykendall said.
"He turned himself in; he wasn't arrested," Kuykendall said. "He hired counsel."
Kuykendall said when charges were filed against Shrum in August, the case was almost three years old. The statute of limitations was about to run out.
"He hadn't gone anywhere in three years," Kuykendall said. "They could have arrested him three years ago if he had been a flight risk."
Kuykendall said Shrum has never failed to appear in court.
"He had a full-time job. His parents lived in the county. I believed that the judge felt he was not a flight risk because of that criteria," Kuykendall said.
He said another factor that exists in Cleveland County that shouldn't be a reason is the overcrowding situation at the county jail.
Kuykendall said between five and six inmates are housed in a single jail cell on almost any day of the week. The limit is supposed to be two people for each cell.
"That is a federal lawsuit waiting to happen," he said. "We can keep cramming people in the jail, risk a federal lawsuit, or release those who are not a flight risk on a lower bond."
Bail bond companies feel the heat
These bonds are taking a toll on local bail bond workers.
Tony Shirk, owner of Bail Bond by Big Brothers, said personal recognizance bonds are taking a bite out of his business.
"They have instituted a general order if people are put in jail and they fall under certain parameters, they let them go free. They don't have to do anything. They get out of jail," Shirk said.
He said releasing defendants on personal recognizance bonds not only affects his business, but it hurts the county as well.
"It has progressively gotten worse over the last year, but part of the problem is our jail is overcrowded," he said.
Shirk said he understands the Cleveland County Detention Center is at capacity.
"They don't have any place to put them," he said.
Shirk said letting someone out of jail on a personal recognizance bond doesn't seem to be paying off for the county's legal system.
"Their rate of failure to appear is astronomical," he said.
Shirk said a monetary bond ensures the defendant will make another court appearance.
"Over the last year, we have written less bonds," he said.
Shirk said when Sheriff Joe Lester took office in January, he took initiative to execute old arrest warrants.
"That helps a bit," Shirk said.
Cleveland County Court Clerk Rhonda Hall said her office is unable to determine how many people have been released on personal recognizance bonds this year or the number of failure to appear warrants issued by judges. Warrants in the county's computer system are not categorized.
However, bondsmen say judges are issuing more personal recognizance bonds as time progresses.
Safety must be a factor
Cleveland County District Attorney Greg Mashburn said measures such as public safety are considered when a judge decides to release a defendant on such a bond.
"I think there's a place for that in the judicial system and should be used sparingly when the safety of the community is weighed in heavily," he said.
Mashburn took office in January 2007. Before he became the county's lead prosecutor, he was assistant district attorney in Oklahoma County.
"When I got into office, I changed the way bonds are requested for violent and sex crimes," he said.
He said prosecutors attend initial court appearances to request high bond amounts for those accused of crimes including violent and sexual offenses. Mashburn and his prosecutors have objected to setting personal recognizance bonds when it comes to certain cases.
However, the judge presiding over the case has the final say on any bond.
Mashburn said he believes in some cases personal recognizance bonds work for defendants who are accused of non-violent crimes such as bogus check or public drunkenness.
"We don't want to run a debtors' prison," he said.
Mashburn said if a person released on a "PR" bond fails to show up for court, the judge issues a failure to appear warrant.
"You generally want a bond that someone will be looking for them such as a bail bondsman," he said. "Otherwise, unless they get pulled over for a traffic ticket, it may be a long time before they are apprehended."
Mashburn said if a person fails to appear in court or commits a crime serious enough, he or she needs to be locked up in jail.
"They need not be released without a bond being over their head so that if they fail to appear, a bondsman will be looking for them," he said.
Mashburn said he doesn't support releasing defendants on personal recognizance bonds once they fail to make their scheduled court appearance.
"I believe when someone has taken the gift of a PR bond and not shown up to court, they shouldn't get another one," Mashburn said.
The district attorney said he knows of a case involving a person charged with knowingly concealing stolen property. Arrested and released on a personal recognizance bond, that person failed to make a court appearance. Once the defendant was arrested and made another court appearance, he was again released on a personal recognizance bond.
"It becomes very hard to explain to that third victim because maybe they should be in jail," Mashburn said.
He said his office requests a high bond for defendants to protect the community, especially if the defendant presents a danger or has jumped bail on previous occasions.
Mashburn said he is aware the Cleveland County Detention Center constantly faces an overcrowding problem. Judges also know about the predicament.
"Jail overcrowding is on their minds when they set PR bonds," he said.
Mashburn said the district attorney's office works with the county's judicial system to try to alleviate the situation.
"We all work together on how to figure how what we can do to keep the community safe and make sure we have jail space. It can be tough," he said.
Right to a bond
Cleveland County Special District Judge Michael Tupper was appointed to the bench in March. Tupper said the United States Constitution guarantees a person's right to receive a bond.
"The constitution guarantees the right to a bond, whether that be a personal recognizance bond or some kind of monetary bond," he said. Tupper said he supports that constitutional amendment.
As a judge, Tupper cannot comment on any pending case in Cleveland County. When any case is presented to him, Tupper looks at many factors before deciding the defendant's bond.
"In general, in all cases that I'm setting a bond, I'm required to consider the seriousness of the crime charged against the defendant, the defendant's criminal record if any, previous record on bail if any, his reputation on mental condition, length of his residence in the community, his family ties and relationships, employment status, record of employment and financial condition, also the identity of responsible members of the community who would vouch for the defendant's reliability," Tupper said. "Those are some of the factors that I consider in all cases in setting a bond."
Judges doing the right thing
Norman attorney Fred Shaeffer said personal recognizance bonds are needed in the judicial system.
"I think personal recognizance bonds are absolutely vital in the judicial system for the reason that they allow people who are good citizens who meet specific criteria established held by the court," he said.
Shaeffer said judges release defendants on these particular bonds who have established a residence in the county and have contact with the community. This also helps free jail space.
"One thing a lot of people don't understand, a bond isn't to punish, it's to secure their appearance in court," he said.
Shaeffer credits judges in Cleveland County for issuing PR bonds when possible.
"I think our judges are experienced and extremely qualified to make determinations about the reliability of certain individuals appearing in court on personal recognizance bonds." he said.
Meghan McCormick 366-3539 mmccormick@normantranscript.com
