19% of murder suspects in Durham are not in county jail

In Durham County, 15 of the 78 people are awaiting trial on first-degree murder charges, but they are not in jail. Some are free on bail, and others may be in custody elsewhere or have not yet been arrested. By comparison, in Wake County, one defendant is free on bail.

The percentage of murder suspects who are not in custody in Durham is “probably higher than in most other cases,” attorney Daniel Meier told WRAL News.

The question of whether suspects of serious crimes should be released on bail is a balancing act.

Meier said: “The purpose of bail is to ensure that the person appears in court and also to protect society.”

Ultimately, the judge decides whether and how much bail will be set. While bail is recommended for certain charges, Meier said the judge also considers factors such as age, criminal history, whether a suspect poses a threat to the community or whether they could intimidate witnesses before a trial can take place.

“Remember: When you are arrested, you are presumed innocent, no matter what you are accused of,” Meier said.

In cases where bail is possible, it usually takes longer to get to trial, Meier said.

“These are probably shaky cases. If the state can't get its witnesses together and can't convict somebody, we don't want to just lock them up in jail until we decide we can't pursue the case,” he said. “Frankly, I'm glad Durham is looking at this and considering it.”

Kean Odom Jr., who is accused of murdering North Carolina Central University student Myles Gresham, turned himself in to police this week but has been released from jail on $250,000 bail. Bails for other murder suspects in Durham range from $400,000 to $25 million.

“It's low for a premeditated murder, but it's nothing unusual,” Meier said. Anyone released on bail will likely be placed on electronic monitoring or sentenced to a curfew, he added.

Of the murder suspects in Durham, 34 – about 45% of the cases – were being held without bail. In Wake County, only one murder suspect in 111 murder cases was out on bail as of Wednesday. In Cumberland County, 118 people are awaiting trial for murder. Thirteen of them were out on bail.

Judges who grant bail to murder suspects are aware of the risks, he said – that the suspect could leave town and never face trial or, worse, commit another crime.

In the pre-trial hearings, the judge will gather facts from law enforcement, witnesses, and even alleged victims before making a bail decision.

Prosecutors fear a suspect will commit further crimes

A Cumberland County spokesman pointed to the case of Darren Powell, who was charged with murder but was granted bail by a judge.

“The prosecution has vigorously opposed a bail reduction based on the fact that defendant Powell poses a danger to the community and allegedly committed premeditated murder,” the district said in a statement.

Powell, 25, was seen speeding on NC Highway 87 in Harnett County on Saturday. While state police were pursuing him, Powell ran a red light in Spring Lake and crashed into a 2012 Honda Accord, killing the passenger and seriously injuring the driver.

After this accident he is back in prison.

The county stated, “The District Attorney's Office immediately filed a motion to revoke Defendant Powell's bail following the new indictment. The court granted our motion and ordered that no bail be paid for Defendant Powell.”