Family concerned about bond in homicide case

LaToya Austin believes John W. Towner Jr. is too dangerous for a $100,000 bond — an amount low enough, she said, she worries the man accused of shooting her brother and father could be released.

Prosecutors and criminal procedure experts say the court has wide discretion in determining appropriate bond, with a number of factors under consideration.

Towner, 30, is charged with felony first-degree murder or an alternate charge intentional second-degree murder, attempted second-degree murder, attempted aggravated robbery and criminal possession of a firearm. He was arrested Jan. 26 after a double-shooting three days before left two men with life-threatening wounds.

John Austin Jr., 34, died Feb. 19 after nearly 30 days in critical condition, the city’s fifth homicide of the year. His father, John Austin Sr., 57, was shot in the back and is recovering, LaToya Austin said.

“This is a community issue,” LaToya Austin said. “We can’t have these people running around.”

Bonds and bail

In Towner’s case, a judge set bond at $100,000 Jan. 29, before John Austin Jr. died. At that time, Towner had been arrested in connection with aggravated battery — a lesser level offense that often carries a lower bond.

With a $100,000 professional surety, Towner could contract with a bondsman and pay about $10,000 to be released.

“His friends or family could come up with that, and then he’d be out on the street,” LaToya Austin said. “It’s not a lot of money when you’re trying to run away from a murder trial.”

Judges determine bond with recommendations from prosecutors and defense attorneys. A defendant's flight risk, threat to witnesses and potential danger to the community are considered, among other things, said Corey Rayburn Yung, a University of Kansas professor who specializes in criminal law and procedure.

“There is an enormous amount of discretion afforded to judges about the amount of bail they set,” he said.

Bonds vary in Shawnee County, but generally first-degree murder charges carry around $1 million bonds.

Attorneys on both sides commonly file motions requesting bond changes. For the defense, requests are made to lower the bond so defendants can be released pending trial.

Attorney George Gomez originally represented Towner, but Jennifer Chaffee now represents him. Despite counsel, Towner has repeatedly filed handwritten motions himself from jail, including an April 10 request for an own recognizance bond, or O.R. bond. With an O.R. bond, no bail money is paid and no bond is posted. The defendant is released after promising, usually in writing, to appear in court for proceedings. A judge could issue a warrant for the defendant's arrest and require all of the bond paid if they fail to appear.

Shawnee County District Court Judge Cheryl Rios denied that bond motion April 24 along with a handwritten motion from Towner who argued the case should be dismissed because he fired shots in self defense.

District Attorney Mike Kagay wouldn’t comment on Towner’s case but said generally his office considers community safety and the likelihood a defendant will appear in court if released when considering bond.

“If we have a concern with either issue, we may file a motion to seek a higher bond,” he said.

Looking for answers

Towner had been free from federal prison just 15 days when the Austin men were shot.

According to a criminal history worksheet, Towner has previous convictions for battery of a law enforcement officer at the state level and possession of firearm as well as escape from custody at the federal level.

LaToya Austin said she struggles to understand why a motion to increase bond wasn’t filed when Towner’s charges were amended to murder.

“It doesn’t make sense to me,” she said.

Towner, who knew the Austins since childhood, LaToya Austin said, arrived at the older Austin’s home in the 2000 block of S. Kansas with Timmie Robinson and a third man just before noon Jan. 23. At some point, a scuffle ensued and shots were fired. Town claimed he fired in fear of his life and safety.

LaToya Ausin said she doesn’t know why her father and brother were shot.

“My brother didn’t deserve this, my father didn’t deserve this,” she said. “They’re not bad guys. They didn’t have anything.”