Judge draws fire after cutting officer's bail

HOUSTON CHRONICLE ^ | Dec. 18, 2010 | BRIAN ROGERS

[moonshinner_09]

A Houston judge faces possible discipline for violating judicial ethics by reducing the bail of a recently arrested sheriff's deputy without notifying prosecutors, legal experts said.

State District Judge Kevin Fine maintained that he acted within his authority when he reduced the deputy's bail by 90 percent, from $200,000 to $20,000, without notifying prosecutors. He took the action after the defendant's attorney approached him Thursday, Fine said.

"I can lower the bond without any party present, sua sponte, on my own, I have that authority," Fine said. He said a $200,000 bail was essentially no bail.

But legal experts said the law requires Fine to notify prosecutors before reducing the bail because the deputy, Richard Bryan Nutt Jr., 43, is accused of having a gun when Houston narcotics officers arrested him Wednesday. Nutt also allegedly had 2 kilograms of cocaine.

The state's code of criminal procedure states that in cases where a deadly weapon was used or exhibited during the commission of a felony, prosecutors must be given "reasonable notice" of a bail reduction and an opportunity for a hearing.

Nutt was released on bail Thursday afternoon. Meanwhile, his three co-defendants remain behind bars without bail.

Usually a 'do-over' Fine commented on his bail decision early Friday, but could not be reached for questions about the distinction involving possession of a deadly weapon.

Fine said he considered whether Nutt was a flight risk, whether he posed a danger to the community, and whether $20,000 was suitable to ensure he would return to court for trial. He also consulted Harris County's official bond schedule, Fine said.

Nutt; John Edward Scott, 34; Danny Bell, 40; and Richard Jerome Banks, 38, were charged with possession with intent to distribute cocaine, as well as with using a firearm while committing a felony.

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[moonshinner_09]

Judge reduced the deputy's bail by 90 percent, from $200,000 to $20,000. Makes me wonder if the Judge may be getting kick backs.That is a big decrease in bail based on the nature of the crime. The Judge should be put on leave until they can find out, why this happened, like it happened

[AndrewB]

Bailiff, whack his pee pee

[TXConservative25]

Judge is a Democrat in slightly Republican Harris County. He also has a bunch of tattoos all over his body.

[Emmett McCarthy]

The guy works for the Sherrif’s Dep’t. and gets caught with 2 kilos of coke and a gun? Sorry, I would have set bail at $1 million. And I’d call for the maximum sentence upon conviction. Even “enhanced penalties” for such a crime by a law enforcement officer are in order.

[tje]

Deputy Dick Nut?

[BlueDragon]

Deputies are supposed to have handguns, aren't they?

2 Kilos of coke ain't exactly "Department Issue" though.

If the deputy is convicted, he should serve a double sentence--- for the drug crime.

If the accused flees prosecution, fire or recall the judge? Sorry, Your Honor. One "woopsie" and you're toast, JUST LIKE THE REST OF US.

[R. Scott]

Maybe he was following the 8th Amendment.

Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

The judge may have considered $200,000 beyond the defendant’s ability to pay.

[Grut]

Be an interesting defense if deputies are required to carry handguns off duty, though.

[MrEdd]

Someone who can get 2 kilos of coke can’t raise $200k?

Not buying that one at any price.

[R. Scott]

Two kilos of coke isn’t that great a quantity. It’s street level and many of those deals are fronted – bought on credit. When the coke is sold the money is paid back.