Shelby County judge faces criticism and backlash after Railgarten shooting suspect's release

MEMPHIS, Tennessee (WMC) – A Shelby County judge is facing harsh criticism and possible disciplinary action for releasing a shooting suspect from jail.

General Sessions Judge Bill Anderson ordered the release of the man accused of shooting several people outside the Railgarten, a popular bar and grill in Midtown Memphis.

Memphis police said 30-year-old Detawn Gunn injured four people, including one seriously, when he fired a shotgun during a dispute over a parking space on August 16. The accident report states that Gunn “shot the victim twice with what appeared to be birdshot from a shotgun, riddling the entire midsection of his back and upper torso.”

According to MPD, other victims included a man who was shot in the shoulder and another who was hit in the back of the head. Several cars were also damaged by the shooting.

Gunn was jailed at 201 Poplar on half a million dollar bail and charged with four counts of attempted second-degree murder.

On Monday, August 26, Judge Anderson released Gunn without bail. Now two men who are otherwise at odds are fighting to put Gunn back behind bars.

“I think this is someone who is unpredictable,” the Shelby County District Attorney told Action News 5.

Mulroy said Gunn should never have been released from the Shelby County Jail.

“Given the seriousness of the offence and the number of victims involved,” Mulroy said, “we believe this is a serious case where he poses a danger to the community and needs to be held in custody pending trial.”

Prosecutors requested $500,000 bail for Gunn, while his own defense attorney requested $75,000 bail. However, Judge Anderson ordered Gunn to release ROR on bail, meaning no money was required to get out of jail.

In a social media post, District Attorney Mulroy said his office filed a preliminary injunction against Anderson's decision on Wednesday, August 28. It is a rarely used legal action that asks a higher court to intervene. Mulroy also thanked State Senator Brent Taylor for his interest in the case.

Taylor sent a letter to the district attorney on Wednesday morning, asking his office to issue an emergency order and a second letter to the Tennessee Board of Judicial Conduct, asking them to open an investigation into Judge Anderson.

Judge Taylor ignored a new bond law that he helped pass this year.

“He clearly did not abide by the laws of the state,” Senator Taylor told Action News 5. “He has a complete disregard for the laws of the state, because the first consideration when granting bail should be whether or not the defendant is a threat to the community, and an alleged mass murderer is a threat to the community.”

Judge Anderson has already been reprimanded once for criticizing the bail system. A second reprimand could leave his fate in the hands of the General Assembly.

“We could reprimand him or dismiss him,” Taylor said. “That's a position no judge wants to be in.”

Currently, Senator Taylor and Attorney General Mulroy are focused on putting Detawn Gunn back behind bars.

“We certainly hope that bail will be set at a high level,” Mulroy said, “something high enough to ensure that he remains in jail until this case is resolved.”

Judge Anderson did not comment when Action News 5 asked him for comment. He suggested we listen to the audio recording of Gunn's hearing. We filed a Freedom of Information request with the Shelby County Courthouse requesting a copy of that recording.

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