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Prosecutor wants to restore bail for suspect

Prosecutor wants to restore bail for suspect

In a move they say is only done in exceptional circumstances, the Shelby County District Attorney's Office has filed an emergency motion to dismiss Shelby County District Court Judge Bill Anderson's ruling to release on parole a man accused of shooting four people in the Railgarten on Aug. 16, court records show.

With emergency warrants, a judge's decision is transferred from his current courtroom to a higher court, such as Shelby County Criminal Court, where it will be decided by a different judge. With the order filed, the alleged shooter's bail status will now be heard before a new judge.

“The injunction is available when a lower court has acted illegally and no other simple, prompt or appropriate remedy is available,” the letter states.

Anderson's ruling, which allowed the defendant to get out of jail without bail but placed conditions on his release, was appealed by prosecutors. According to records, the defendant, 30-year-old Detawn Gunn, was released on Monday.

Shelby County District Attorney Steve Mulroy said after the bail decision that a prosecutor from his office had requested that bail remain at $500,000, as originally set when Gunn was arrested.

“We are disappointed,” Mulroy said in a statement posted on social media after the bail hearing. “To argue against a bail reduction, we presented witness testimony from the victim, video of the shooting, and photographs of the victim's injuries. We are confident that we can prove our case going forward and ensure that the defendant is held accountable for his actions.”

The Shelby County District Attorney's Office does not set bail in criminal cases, but can ask for a higher bail amount, as in this case. Assistant District Attorney Paul Hagerman said he has never seen such a move during his tenure as district attorney. Hagerman has worked as a prosecutor under three different district attorneys, including former district attorneys Bill Gibbons and Amy Weirich.

Emergency orders send a decision from the current court to a higher court, such as Shelby County Criminal Court, where a new judge will decide the case.

The motion was filed Wednesday morning, but the office said processing of the brief began on Tuesday.

“The lower court acted contrary to these principles in the instant case,” the complaint states. “The court's misunderstanding and denial of its discretion to impose conditions of release when bail or surety bond amount had already been set resulted in the arbitrary decision to release the defendant. The finding that the court's decision was arbitrary is further supported by the underlying facts, including the five total victims, the serious injuries sustained by the primary victim, and the firing of the weapon aimed at the primary victim as he walked away from the interaction, which was said to have been a minor dispute over a parking space.”

Officials are frustrated with bail decision and demand new verdict

Wednesday afternoon, Tennessee Republican State Senator Brent Taylor, who represents Eads and parts of Shelby County, posted two letters on social media. In one letter, he asked Mulroy's office to file an emergency order, which the office said it had been working on before receiving the letter.

The brief was filed shortly after 11:30 a.m. on Wednesday, said communications director Erica Williams.

The second letter called for an investigation by the Tennessee Board of Judicial Conduct to determine whether Anderson violated state laws governing how judges set bail. Taylor has sent several such letters to the board since taking office, some of which resulted in a reprimand from judges in Shelby County. Anderson was reprimanded in February of this year for expressing distrust of the bail system.

If a judge receives two reprimands from the panel during his or her active term, the panel is required to report it to the Tennessee General Assembly. Former criminal judge Melissa Boyd was reported to the General Assembly in this manner and was scheduled to be removed before she resigned.

Gunn was arrested and charged with five counts of attempted second-degree murder, five counts of use of a firearm in the commission of a dangerous felony and two counts of vandalism. The charges stem from an Aug. 16 incident in which Gunn shot four people and shot another, according to police.

According to the affidavit, police responded to reports of a shooting at Railgarten that day and found four people shot. Two cars at the scene had been struck with shotgun pellets, according to the affidavit.

Birdshot ammunition is a type of shotgun pellet that, as the name suggests, is generally used for bird hunting. The pellets are smaller than buckshot and can do less damage but offer a higher probability of hitting a target.

According to police, another person followed Gunn from the scene and was also shot at. That person was unharmed, according to the affidavit.

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