NC police chief: Our state’s bond system is making communities unsafe.

At 2 a.m. on a recent summer night in Charlotte, Toddrick McFadden fired a gunshot into a business. Police arrived, and while trying to find the suspect, McFadden sat and waited, aimed at officers and fired a gun multiple times hitting one of my officers in the leg. Thankfully, he did not lose his life, but what is a life worth?

McFadden was charged with:

▪ 2 counts of attempted murder on a law enforcement officer

▪ 2 counts of assault with a deadly weapon on a law enforcement officer

▪ 1 count of shooting into an occupied property

The magistrate set bond amounts at $50,000 per attempted murder charge, $30,000 per assault with a deadly weapon charge, and $10,000 for the shooting into an occupied property charge. Think about that. A bond of $10,000 after a bullet went through a business with patrons inside, and by the grace of God, that bullet did not strike anyone.

A bond of $50,000 for trying to kill a police officer. A bond of $50,000 for attempted murder on anyone is disgraceful, but is that the value of a life?

McFadden’s total bond was initially set at $170,000, meaning that if he paid 10% to be released, he would only have to pay $17,000 to get out of jail on these charges and await his trial date. How is that possible?

After I spoke up internally to show my support for employees, McFadden’s bond was increased to $270,000. More recently, on July 13, a magistrate increased the bond amount again to $520,000.

These arbitrary, fluctuating amounts demonstrate the inconsistencies we are repeatedly seeing in our criminal justice system across North Carolina, and we can do better. We have violent, repeat offenders hurting members of communities, bonding out on low amounts and continuing to prey on innocent N.C. citizens, committing more violent crimes and getting arrested and released again and again.

In Charlotte, 27-year-old Hubert Osborne, a violent, repeat offender with an extensive rap sheet who has bonded out repeatedly, was arrested again after using a power drill to drill into a neighbor’s collar bone, set his car on fire, steal a police vehicle, and then flee. He was apprehended and charged with several charges including assault with a deadly weapon with intent to kill inflicting serious injury, arson, felony flee to elude, larceny of a motor vehicle and more.

His total bond amount for these charges was $45,000. So, for $4,500, he had the ability to bond out of jail while awaiting his trial date.

This is happening over and over again across North Carolina. Officers are frustrated. I’m frustrated. Our people work relentlessly to take violent criminals like this off the street, only for them to get right back out and re-offend. I understand that everyone deserves due process and is entitled to a bond. However, our citizens are also entitled to protection from those who repeatedly prey upon our communities.

Our juvenile justice process in North Carolina also needs to improve. In the juvenile justice system, a detained defendant receives a detention hearing every 10 days, which increases the likelihood of their release from custody.

In another recent Charlotte case, a 14-year-old juvenile with an extensive criminal history shot one of my officers in the shoulder. This juvenile has a history of arrests and repeat violent offenses.

In Charlotte, we are seeing neighborhood groups made up of 13 to 25-year-olds who are engaging in violent, escalating retaliatory behavior that is originating from inflammatory social media dialogue and drug trade disputes. There is a lack of consequences perceived by juvenile offenders for their actions as, often times, they do not receive any immediate disciplinary action.

There are many efforts throughout our communities to save our young people in North Carolina before they turn to crime, and I celebrate those initiatives. However, I along with my colleagues across the state and the nation have grown tired of seeing our teenagers kill one another.

Bail bonds are not clearly defined for most offenses in North Carolina. It is up to the discretion of the magistrate to set bond amounts for adults. And we have seen far too many inconsistencies in this process. If someone commits a violent crime, no matter the age, he or she should be held accountable for his or her actions.

We can do better. We need to revisit our bond hearing and setting processes. Our district attorney’s offices need more prosecutors. Our judges and magistrates need to hold violent criminals accountable for their actions consistently. Magistrates have too much discretion, and this should change.

We owe change to our victims of these violent crimes. We owe it to our communities so that people feel their criminal justice system is working in whole to keep them safe. We owe accountability to those who violate the very laws we are sworn to uphold.

This story was originally published July 19, 2022 at 10:27 AM.