Convict sneaks out of court; last seen going to Fayetteville rally

— Washington County sheriff's deputies were continuing to search Friday for a local man who walked away from the courthouse as jurors were deliberating a prison sentence recommendation following his conviction of threatening to kill his teenage son.

Terry Hayes, 41, disappeared from the Washington County courthouse around 6p.m. Thursday on the second and final day of his trial.

He was convicted of aggravated assault on a family member, terroristic threatening,endangering the welfare of a minor, intimidating a witness and being a felon in possession of a firearm.

Hayes threatened to kill his then-14-year-old son while holding a gun to his head as the two were at Hayes' residence on Black Oak Road outside of Fayetteville on Jan. 19. Hayes also called and threatened his son's mother on June 23, the day before the assault case was set to go to trial.

The jury recommended sentences totaling 55 years in prison and fines totaling $45,000, but formal sentencing has been delayed because Hayes fled.

Hayes now faces a warrant on new charges of failure to appear for sentencing, and his bail has been set at $500,000. He was reportedly last seen walking toward nearby Dickson Street where Fayetteville's Bike, Blues & BBQ Rally is under way.

Prosecutors had tried to keep Hayes in jail earlier this year, but an apparently scared witness lost his nerve duringa bond hearing and walked off the stand.

Testimony at the Feb. 5 hearing by other witnesses - who said Hayes was not trying to run and had not threatened a victim - helped convince Washington County Circuit Judge William Storey to reinstate Hayes' bond. Then-Washington County deputy prosecutor Bill Jones argued that bond should either be denied or set veryhigh to keep Hayes behind bars.

Storey had revoked Hayes' bond earlier after he was accused in January of violating the conditions of his bond by calling and threatening his son and trying to run. However a new bond was set and Hayes was able to post it.

Officials said defendants who post bond then are convicted often are allowed to remain free for a few days to get their affairs in order, as long as the prosecutor does not object.

Washington County Sheriff Tim Helder said that the only way to prevent a defendant from running is to deny bail entirely.

"I believe the only way this could have been avoidedwould have been if he'd been remanded to custody. Absent this type of order, the convicted person is still free and can move about as long as they appear in time for sentencing," he said.

"I'm definitely not blaming anyone for what happened ... just explaining the only way to avoid future incidents," he said.

Washington County Prosecuting Attorney John Threet said that convicted defendants sometimes remain free on an appeal bond or a transport bond if space is not available in prison.

Storey refused to discuss the Hayes case. He did say that in 20 years on the bench, he's had defendants on bond flee during trials only three times.

Hayes was arrested on Jan. 20 after he took his son to the Washington County sheriff'soffice to talk to investigators about the assault allegation, and the son eventually implicated his father.

Days later he was accused of violating his bond by calling and threatening his son, police said. Storey revoked his bond and U.S. marshals arrested Hayes in a Van Buren motel Jan. 26. His bail was set at this time at $1 million, prompting Hayes' attorney to request a bond hearing.

During the Feb. 5 bond hearing, a Greenland man who was serving as Hayes' son's foster father walked off the stand after Storey tried to clarify details of a phone call made to the teen by an employee of Hayes'.

The man said, "I was told I would never have to be up here to say anything. ... I'm being put into a situation where no foster family should be."

Storey then said he wasnot going to force him to testify against his will. The man got up from the stand and walked out.

Jones had argued that Hayes was a flight risk because he had changed his appearance by shaving his mustache and dying his hair black and that he had planned to run before being captured after staying in the Van Buren motel under another name.

Hayes' son did not testify at the February bond hearing and Storey reinstated the bond after ruling that Hayes had not violated the terms of his bond. Storey increased his bond from $7,500 to $15,000 after determining that he might be an increased flight risk. This allowed Hayes to bond out of jail. Hayes was still out on this same bond when he failed to appear for sentencing Thursday.

Northwest Arkansas, Pages 11, 12 on 09/26/2009

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