Bipartisan group of lawmakers unveils amendment proposal to overhaul bail system in Tennessee

MEMPHIS, Tenn. (WKRN) — It’s no doubt Republicans have targeted Memphis the past 18 months, saying it’s become a hub of violent crime.

Friday, they announced a proposal for serious reform.

“What we’re asking is to have a constitutional amendment that gives the judiciary more discretion on bail,” Speaker of the House Cameron Sexton (R-Crossville) said.

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Currently in Tennessee, judges can only deny bail for capital offenses – essentially those where a criminal could be up for the death penalty.

“There’s a lot of cases all across our state that you’ve seen, not just in Memphis, but all across our state, of someone who is out on bail who is a violent criminal who committed another violent crime shortly thereafter that took another victim,” Sexton said.

It isn’t only Republicans who are on board. Both state and local Democrats straddled Sexton as he unveiled the proposal.

“A mother who has lost a son to violent crime, she does not care if you’re Democrat or Republican,” Rep. Antonio Parkinson (D-Memphis) said. “When I speak to the mothers or the parents of a constituent in Cordova whose daughter might have gone through a violent rape or a sexual assault, they don’t care if you’re Democrat or Republican.”

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In fact, even Shelby County District Attorney Steve Mulroy – who the Speaker has butted heads with and even floated impeachment of – made an appearance. Though he didn’t seem completely sold on the proposal.

“This by itself is not going to fundamentally change the crime situation in Memphis,” Mulroy said to WREG after. “It might be a marginal improvement in terms of transparency and clarity and providing a broader array of cases when pre-trial detention is necessary for public safety purposes, it can, in fact, be done.”

But Republican lawmakers say it’s a clear bipartisan solution to curbing some of the crime issues.

“Speaker Sexton, I would like you to go back to the governor and let him know of the crowd that is assembled here,” Sen. Brent Taylor (R-Memphis) said.

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News 2 did ask Gov. Bill Lee (R-Tennessee) about it Friday morning, but it was before the amendment announcement had been made. So, he said he had nothing to add.

A spokesperson for the Speaker did provide a brief list of incidents where an offender committed another violent crime while on bail:

(1) Cornel Oliver, released on bail in December 2021 for 1st degree murder charges dating to 2010, arrested for aggravated domestic assault in January 2022 (and released again).

(2) Mark Ellis, on bond for 2018 murder charges charged with “weapon and drug possession in the shooting at Waffle House on Fort Campbell Boulevard on Jan. 23 [2022] that left three with gunshot wounds and several others injured”.

(3) Joshua Aretz, on bond for 2014 “homicide charges” involved in a 2015 murder of a Fort Campbell soldier. Pleads guilty to both in 2017.

(4) Timothy Frazier “was free on $125,000 bail, awaiting trial for the Oct. 14, 2018 shooting death of 18-year-old Brandon Adams” arrested in April 2022 (drug and gun possession) charged by Federal Government for firearms violations – “A federal hold was placed against Frazier, making him ineligible to post bond.”

(5) Davion Buford “was free on $50,000 bail, accused of shooting three teenagers during a robbery in the parking lot of the Brick Church Pike motel on June 2021” charged in April 2022 with two counts of gun possession during the commission of a dangerous felony, possession of marijuana for resale and possession of cocaine for resale.” [Bond was set at $95,000].

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