FAYETTEVILLE — Prosecutors tried to keep Terry Hayes in jail earlier this year, but an apparently scared key witness lost his nerve during a 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 very high to keep Hayes behind bars.
Storey had revoked Hayes' bond after he was accused in January of violating the conditions of his bond by calling and threatening his son and trying to run. But his bond was reinstated following the bond hearing.
Defendant flees
Hayes disappeared from the Washington County Courthouse around 6 p.m. Thursday on the second and final day of his trial, about an hour after the jury retired to deliberate a prison sentencing recommendation.
Hayes, 41, was convicted of aggravated assault on a family member, terroristic threatening, endangering the welfare of a minor, intimidating a witness and felon in possession of a firearm.
Hayes is accused on Jan. 19 of threatening to kill his then-14-year-old son while holding a gun to his head while the two were at Hayes' residenceon Black Oak Road outside of Fayetteville. Hayes is accused on June 23 of calling and threatening a witness - his son's mother - the day before the 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 bond has been set at $500,000. Witnesses reported seeing him walking toward nearby Dickson Street, where Fayetteville's Bikes, Blues & BBQ rally is under way.
Free on bond
Defendants routinely remain free on existing bond during a trial. Often they are allowed to remain on bond for a few days to get their affairs in order after they are convicted, as long as the prosecutor does not object. It's not uncommon to remain on bond after being convicted.
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 avoided would have been if he'd been remanded to custody. Absent this typeof 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 a convicted person sometimes remains free on an appeal bond or a transport bond if space is not available in prison.
Storey refused to discuss the Hayes case, citing ethics laws. He said that in 20 years on the bench, he's had defendants on bond flee during trials only three times.
Arrested twice
Hayes was arrested Jan. 20 after he took his son to the Washington County Sheriff's Office to talk toinvestigators and the son eventually implicated his father. The son, now 15, testified during Hayes' trial that his father made him swear on the lives of family members that he would deny that Hayes had threatened him.
Hayes was arrested again on Jan. 26 by U.S. marshals in Van Buren after his bond was revoked by Storey on Jan. 22. He was accused of violating the conditions of his bond by calling and threatening his son and trying to run. His bail was set at this time by Washington County Detention Center Judicial Officer Ray Reynolds at $1 million, prompting Hayes' attorney to request a bond hearing in the case.
Bond hearing
A foster father from Greenland who was providing the Hayes' son with a safe haven said during the Feb. 5 bond hearing that the boy received a phone call from an employee of his father, who was apparently onspeaker phone with Hayes at the time. He said the boy was very scared and that he took the phone and told the caller not to bother him again.
The foster father testified that Rick Frazier asked Hayes' son where he was staying. Frazier, who worked for Hayes, testified that he called to check on the boy but that Hayes was not present and did not tell him to call the boy.
Hayes denied that he made the call or even knew about it.
Storey tried to clarify whether the foster father had been told directly by Frazier that Hayes told him to make the call. That's when the foster father said he was going to "plead the Fifth." A defendant can decide againstproviding self-incriminating evidence under the Fifth Amendment of the U.S. Constitution, but this does not apply to witnesses.
"I'm going to hang myself either way," the foster father 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 said that he was not going to force him to testify against his will. The man got up from the stand and promptly walked out.
"Judge, I think he's scared of Mr. Hayes," Jones argued.
"That's not proper," Storey responded.
Changing appearance
Jones had argued thatHayes was a flight risk because he 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 a Van Buren hotel room in Frazier's name. Another employee of Terry's Towing testified that he was en route to pick up Hayes - within a few blocks of the hotel - when Hayes was apprehended.
Frazier testified at the bond hearing that he had talked Hayes out of running during a trip they took to Dallas before stopping at the hotel. Frazier changed his story at this week's trial, saying that Hayes never seriously intended to run from authorities in this case.
Hayes testified that hehad been in contact with his attorney, was planning to meet with his attorney and had made arrangements to turn himself in.
Hayes' son did not testify at the 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.
News, Pages 1, 3 on 09/26/2009