Canadian County Arresting People for "Not Being Able to Afford Bail."
Jailed for not affording bail?
How about the crimes they committed being the cause of them being jailed?
Or so the ACLU would have us believe from the first sentence in their lawsuit against Canadian County over the cost of criminal bail. Yet they include the fact that there are published bail schedules so a person planning a crime could certainly check the cost of bail should they be arrested in the commission of a crime.
Ludicrous of course, life is unfair, those with the money for bail bonds and attorneys usually get a better outcome if they are a criminal. As happens if they get sick, or want a new car, or are looking for a spouse in life.
But we saw a list of plaintiffs on that lawsuit and of course we just have to look up their records and see what kind of people are the poster children for eliminating bail.
The first is a forty year old woman named Misty White, an American Indian, who by the ACLU's opinion is mentally ill, claiming severe depression and bi polar tendencies. The first record we ran across mentioning White is a 1998 protective order where she is the alleged victim of one Chastity Heap of Birds. Yep, you can't make this kind of thing up.
Now OSCN records sometimes don't include middle names so it is entirely possible that one or more persons are responsible for the crimes so check the records yourself and the date of birth. We do know that the ACLU's Misty White is Misty Gayle White in the cases below.
Her first arrest is CM-1997-400 in Canadian County, bogus check, which was dismissed after she paid the money back to the victim and paid the court costs. However, the date of birth on this case is one year prior to Misty Gayle White's DOB, perhaps an entry error, perhaps a different person.
Another protective order against Misty Gayle White shows up in Cleveland County in 2017, PO-2017-208 , dismissed at the end, but it seems that White doesn't play well with others.
Another protective order came up, again listing her as the victim, PO-2018-357 . The target this time wasn't Ms. Heap Of Birds, but White's husband Joshua. The case was dismissed once the husband appeared in court.
About six months later the husband filed a protective order against Misty Gayle White and this time it was granted. PO-2019-147
In November of this year White was arrested for violating that protective order and was sitting in the Canadian County jail as a result when the ACLU went trolling for plaintiffs. CM-2019-951 shows her arrest for violating the protective order and for obstructing an officer. Her bail was $4500 on both counts so she needed $450.00 to get out of jail on bond.
Now, what we have here is an obviously mentally ill woman with violent tendencies and one that isn't shy about blaming others and filing protective orders against them. Is she immune from arrest for violating a protective order or obstructing an officer? Is $3500 bail for a violent person too much? Can not she or her family come up with $450 to get her out of jail and see that she returns to face the judge? She was arrested on the 16th of November which is a Saturday, charged on the 26th of November, considering the holiday on the day before that isn't a lot of time, and she sees a judge on the 2nd of December, two weeks in jail and a day which is not excessive before going before a judge. White waits till the 9th of December to file for a court appointed attorney and four days after that she goes before a judge with a public defender and gets the charges dropped. Most likely because the soon to be ex husband agrees to turn her loose.
Mentally ill people do not belong in jail, we agree on that much, but with the Department of Mental Health closing the vast majority of the mental ward beds and leasing the space out to private companies, what is a judge to do with a violent mentally ill person?
Next up is Jermaine Bradford who is said to be a black man from Canadian County, ACLU playing identity politics again. Bradford was in jail for CM-2019-953 , a DUI and for driving while under suspension. His bond is set at $2000 for both charges, meaning he needs just $200.00 to get out on bail. Arrested on the 26th of November, he goes in front of a judge on the 2nd of December, less than one week after his arrest and appears without an attorney at the arraignment. The same public defender attorney that represented White handles his case and Bradford gets one year in the county jail for both counts, suspended except for time served, subject to supervision by the D.A. office no doubt for drug and alcohol testing. So his only cost other than fines and fees is the 23 days he spent in jail...for a DUI, no doubt after a previous municipal DUI that got his license revoked. And the man is back out on the street with the ACLU screaming that he paid any price at all for driving drunk no doubt multiple times.
Next up is Janara Musgrave, a 47 year old white woman that the ACLU says is also bi polar, who is also a drug addict. Her first arrest was CM-2018-323 for drug possession and possession of drug paraphernalia, which she pled guilty to. She first pays a bondsman for the combined bond of $1500 for both charges, costing her $150.00, then petitions to have a public defender which is granted. She gets some minor fines, the usual stiff court fees, and a one year suspended sentence to the county jail. By September of 2018 she has agreed to pay $50.00 per month toward her fines and fees.
And wonder of wonders, she pays ten monthly payments but starts getting extensions after calling in saying she will be paying late. In August of this year she appears to be in trouble, either not paying or not living up to her reporting requirements and has a motion to revoke her suspended sentence filed. She gets arrested, must have said the right things to the judge because she is out on $1000 bond, costing her $100 from a bondsman, and is back to paying in late August of this year. She pays three months in a row until she stops paying and a warrant issued for her arrest.
By December 16th she is back in court and ordered to spend 30 days in jail with credit for time served, for violating the conditions of her parole. She agrees to pay $25.00 per month, a 50% reduction, and is turned loose.
But there is more to the story as always. On November 11th of this year she was arrested again on drug possession charges, possession of drug paraphernalia, possession of stolen property, and Larceny. She has bail set at $3000 for all four charges, $300.00 cost to her if she pays a bail bondsman to be responsible for her returning to court to face the judge. She pled guilty, received 31 days in jail as time served and a one year suspended sentence with around $70.00 in fines plus the usual stiff court costs. She agrees to pay $25.00 per month on her fines and fees and is released on December the 16th.
It is hard to imagine anyone without friends or family or $300.00 to their name to get out of jail. More likely that her friends and family want her to stay in jail so she might have a chance at getting off drugs. Regardless, she was arrested on crimes she admitted to doing and was dealt with swiftly and humanely, given a second chance even though she was refusing to pay her previous obligations.
Next plaintiff is Landon Proudfit, a 35 year old white man, arrested for public intoxication , arson, and burglary, who posted bond and can afford a private attorney so who knows why this guy is a plaintiff.
Proudfit is a drunk and a drug addict. His first arrest was CM-2012-124 , one count of DUI, one count of possession of weed, one count of drug paraphernalia. He paid $400 for $4000 of bail bonds and pleads no contest and receives one year in jail on each count, all suspended, and promises to pay $100 per month toward his fines and fees. By late 2015 Proudfit has paid all his fines and fees.
In late 2011 Proudfit plays dueling protective orders against a woman, his is dismissed, her protective order is upheld, he refuses to pay the costs involved.
Next up is a 2018 arrest, CM-2017-622 , for DUI, $1000 bond posted costing Proudfit $100. He pleds guilty, is given a one year suspended sentence and ordered to be supervised by the D.A., plus the usual costs and fees. A couple of women make his payments for him and settle his debt to the court.
Next arrest is CF-2017-962 , larceny of CDS, or drugs. He pays $100 on the $1000 bond, gets the case dismissed by agreeing to pay costs, and another woman pays off his debt to the court.
Next problem is a protective order out against him on one of the women that paid some of his court fees. It gets dismissed.
Next problem, CF-2019-617 , felony arson and second degree burglary, both felonies, committed on November 13th 2019. The combined bond is $30,000 or $3,000 in costs to Proudfit. Proudfit comes up with the $3000 and is out on bail after getting a public defender appointed.
Then on August of 2019 Proudfit was once again arrested on public intoxication charges. CM-2019-958 He posts the $1000 bond by hiring a bondsman and paying the $100 fee.
But Proudfit has a lengthy record including CF-2015-12 in Logan County, child endangerment and DUI, he pays the $1500 to hire a bondsman to pay the $15,000 in bond on the two charges. Proudfit pled guilty, receives a four year prison sentence, suspended, with the condition of behaving himself and reporting to the D.A. for supervision for the four years of his suspended sentence. The two women from the previous cases come in to pay his fines and fees payment each month but he gets behind by August of 2017 and an arrest warrant is sent out. That gets his attention or the women's attention and payments start up again till May of 2018 when Proudfit is arrested again and bonds out by paying a bondsman $1500 on the $15,000 bond. By September of 2018 the sentence is revoked but Proudfit agrees to get in compliance by paying his past due payments and once again a woman comes in each month to pay the agreed payments for Proudfit.
Then in February of 2014 Proudfit had another DUI arrest, CF-2015-1408 , possession of weed and drug paraphernalia, Proudfit pays $650.00 to get out on $6,500 bond. Proudfit pleads guilty and gets two one years suspended sentences and the usual fines and fees. Proudfit and his two ladies are good customers of the Oklahoma County court and pay off the fines and fees over several years.
The next plaintiff is Bradley Barber Jr, a 26 year old white man. The son of a man by the same name with a dozen felony and misdemeanor arrests so you have to check the date of birth while going through the dozens of court cases and arrests on the two men.
In 2017 Barber is found to be a parent of a child and ordered to pay child support by the court.
In 2017 Barber was arrested on four counts of burglary, CF-2017-664 , he pleads out and gets a five year deferred sentence and costs, which he agrees to pay at $25.00 per month, and doesn't getting an arrest warrant out for his butt, he gets 27 days in county jail and reset on his original deferred sentence as long as he behaves and pays the $25 per month for the fines and fees. Which of course he refuses to pay so by late 2018 another warrant is out for his arrest. He is found guilty of violating his parole and gets the 32 days he sat in jail as the sentence and agrees to pay $480.00 in six months to catch up on his payments. Which of course he isn't about to pay so once again he is arrested and this time gets out on a OR bond.
Then on November 19th Barber is arrested for possession of drugs, CM-2019-943 , his bond is set at $1000 or $100 payment to a bondsman, and he files a petition for a court appointed lawyer and is let out of jail on an OR bond on the 12th of December.
The next plaintiff is 24 year old white man Dakota Kappus. Kappus was first arrested in 2015 for domestic abuse CM-2015-402 , he posted $2500 bond by paying $250.00 to a bondsman and was given two years deferred sentencing and agrees to a payment plan of $100 per month and D.A. supervision. After making three payments Kappus stops paying and two months later an arrest warrant is out for him, he is arrested, warned not to stop payments, and turned loose again. By late 2016 he is back in court for non payment and put in jail for 90 days. In March of 2017 he is once again agreeing to pay $100 per month and pays off his fines and fees in late 2019.
In 2016 Kappus has a protective order filed against him. PO-2016-348 After the emergency order is filed both parties do not attend the next set of hearings and the case is dismissed.
Then in December of 2016 Kappus is arrested for CF-2016-962 , two counts of domestic abuse, he pleads guilty and gets a six year suspended sentence, with Kappus paying $100 each month up till April of 2018, four months later his suspended sentence is revoked and he receives a three year suspended sentence to prison but the judge allows the 180 days he has served in jail to replace the three years of prison. By March Kappus is out of jail and pays a couple payments on his court costs, then six months later he is revoked again for non payment of the agreed monthly payments. On 12/202019 Kappus was sentenced to six months in county jail.
In March of 2017 Kappus has another protective order filed on him, PO-2017-61 , the plaintiff appears a few weeks later but Kappus did not and since there has been no further contact the judge dismisses the case.
Then in May of 2017 Kappus is arrested for CF-2017-420 , two counts of second degree burglary and one count of concealing stolen property. He pleads guilty, receives two five year sentences, deferred except for six months in the county jail, D.A. supervision, and agrees to pay $100 per month on his fines and fees. He is turned out immediately with time served covering the 180 days of jail time but it back in trouble again within weeks and winds up back in jail to serve some time. By March of 2019 he is back out on the street and agreeing to pay the $100 per month, doesn't do so of course, and by the 22nd of November 2019 Kappus is back in jail, pleads guilty to violating his conditions of parole and is sentenced to another six months of jail.
But Kappus had two other felonies that he was serving time for in the county jail. In Agust of 2018 he was arrested on CM-2018-647 , Petite Larceny, he pleads guilty and serves a 90 day sentence that runs concurrently with the previous felony and agrees to pay the costs and fees. By March of 2019 he is out of jail and agrees to a payment plan of $100 per month and pays five payments before he is jailed over his previous crime.
In February of 2019 Kappus was arrested again on CM-2019-111 , meth possession. He gets a one year suspended sentence, agrees to drug testing and counseling, D.A. supervision, and the usual fines and fees. Ha, ha, right? By November he is arrested for violating his terms of parolle and is sentenced to six months in jail served concurrently with the other sentences.
Then on November 14th of 2019 Kappus is arrested again for CF-2019-599 , for stealing a car, fleeing the scene of an accident, and for trespassing after being warned. By November 22nd bond is set at $12,000 or $1200 paid to a bondsman. Kappus pled guilty to ten years in prison, all suspended, and six months in the jail on two of the other counts, all served concurrently, along with the D.A. supervision that he will refuse to do and the payment plan that he will likely ignore.
Are you seeing a pattern here? These people aren't in jail for not paying the fines and fees, they are violated usually because they commit another crime while out on probation.
As to the excuses of why they cannot afford bail, who could if you spent your life committing crimes and being arrested? Misty White alleged that she had quit her job as a medic to take care of her daughter, said she had no savings, and had fallen behind on her bills. And what does one expect when they quit their job without money in their bank?
And not having the $40 to pay for the filing fee for a public defender? Not true, everyone that winds up in jail gets a public defender just by saying you have no money, no proof required, no background or income check. Not knowing three lawyers? Canadian County has no public defender office so The Oklahoma Indigent Defense System steps in and THEY have a form that you fill out and THEY ask for the $40 filing fee but if you are truly indigent they appoint a lawyer anyway after you file the form with whatever info you have available. None of these people showed up at a hearing or made a plea without a court appointed lawyer working at no cost to the defendant.
And there is the bit about if you pay for your bail bond then you cannot get a court appointed attorney, is bunk. Nearly all courts allow asset hearings and if you truly are indigent you will get a court appointed attorney. If you have a car and a home you might just be forced to get a loan or pledge as collateral to a bondsman. And that is how it should be. You choose to commit a crime, your responsibility to pay your own defense.
Bradford claimed he was working part time making $500 a month on odd construction jobs. In this economy? Perhaps if you are a drug addict or a drunk and cannot keep a job.
Musgrave worked at fast food jobs before being arrested and she says her friends and families are too poor to help out. Like the others, she whines about her disabilities not being taken into account, that no one explained why the bail was set at what it was set at, that she felt uncomfortable during the video arraignment and confused by it all, and like the others complained about the noise level and the fact that prisoners caught talking while the hearings were being conducted were returned to their cells as punishment. Sounds like the guards were trying to keep the noise down.
Proudfit like the others complained that no one asked him if he could afford the bail amount. He was there for arson, burglary, and public intoxication. He also complained that he wasn't allowed to write down the amount of the bond and that he was unemployed for the last 18 months and was too poor to pay bond.
Barber repeated the whining and excuses, poor sound quality, too broke to pay for anything, unemployed the last three months.
Kappus was there for stealing a car and leaving the scene of an accident along with the trespassing charges. He couldn't afford the $40.00 fee for a court appointed attorney (tacked on to their costs, not collected in cash) nor did he know any lawyers.
The lawsuit is going after the judges and county officials claiming constitutional rights were violated. They claim that bail bond is unfair, doesn't have a useful purpose, and that the poor disabled victims were harmed because their disabilities were not taken into account as required by the ADA.
A simple fact is that IF you are going to commit crimes you better have bail money and an attorney on retainer or be prepared to accept the public defender and sit in jail till your trial or plead out fast. If you are broke going in and refusing to hold down a job then one ought to think before committing a crime and running up more bills to be paid. Nearly all of these people are career criminals, one comes from a criminal family, it is not for the taxpayer to make their trip through the judicial system non traumatic and free.
If you are to be outraged, be outraged at the revolving door where criminals plead guilty and spend six months in jail to cover an eleven year sentence. Be outraged that these criminals get out on suspended and deferred sentences and commit crimes to fuel their drug habits. Be outraged that they are not forced to get a job and pay on their fines and fees. Be outraged that they clog the criminal justice system and soak up massive amounts of tax money to capture, prosecute, and incarcerate. Be outraged that the Department of Mental Health wastes their money instead of getting the mentally ill people off the streets.
Start demanding low cost prisons that operate off convict labor to pay their own costs. Start demanding that our mental health department do what it is funded to do instead of feeding cronies of Terry White.
