The case of a Ferguson protestor charged with arson became the legal stage for a skirmish over the constitutionality of setting high bonds to protect public safety and guarantee the presence of the accused at trial.
Judge John Borbonus III refused counsel’s request to reduce the cash-only bond for Ferguson protestor Joshua Williams, 19, which was set at $30,000 after the state argued that the teen was a “threat to society.”
Williams’ attorney Thomas Harvey argued that the bond was excessive and that the only Constitutional purpose of a high bond is to guarantee the presence of the defendant at court and to protect against public safety. High bonds do neither, he said.
“If a wealthy person’s bond is set this high, they simply pay it and are free until trial,” said Harvey, who is executive director of Arch City Defenders. “For the indigent, high bonds act as punishment – which is not allowable under the Constitution.”
The judge’s decision was based upon the seriousness of the charges against Williams for his alleged conduct at a protest in Berkeley on December 24.
“Everybody get out to N. Hanley and Frost now,” Williams said via Twitter on December 23. “There [has] been another kid shooting.”
That evening, news of another officer-involved shooting of a black teen circulated on social media. Hundreds of protestors convened at North Hanley Road and Frost Avenue near a convenience store in Berkeley where Antonio Martin, 18, had been fatally shot. Police say Martin pointed a firearm at an officer, who shot Martin to defend himself.
Berkeley is the adjoining municipality northwest of Ferguson, where then-Police Officer Darren Wilson shot and killed unarmed teen Michael Brown Jr. on August 9, sparking months of protests that spread nationwide.
In Berkeley at around midnight on December 23, chaos ensued between protestors and police. At the Quick Trip across the street from the protest, St. Louis County police claim Williams was captured by surveillance video and news media allegedly setting multiple fires inside and outside of the business in the early morning hours of Christmas Eve.
These small fires were extinguished by protestors and no one was injured, Harvey said.
Police claim Williams confessed to these crimes in a videotaped interview. On December 27, he was charged with first degree arson, second degree burglary and misdemeanor theft, and his bond was set. Harvey said the misdemeanor theft is for allegedly stealing a pack of chewing gum from the store.
If convicted, Williams faces five to 15 years in prison.
Harvey was joined at the St. Louis County Justice Center in Clayton on Monday by Williams’ supporters, including clergy of varying faiths and hues, who have stood alongside the youth in the protest movement. Among them was Rev. Renita Lamkin, pastor of St. John AME Church in St. Charles, and Bishop Derrick Robinson, senior pastor of Kingdom Dominion International Church.
“We love Josh and that’s why we’re here to support him,” Robinson said. “Josh is not a bad individual.”
Lamkin said she believes in accountability and responsibility.
“Did he do this? I don’t know. Did he do it to the extent that it’s being presented? I don’t know,” Lamkin said.
Staring off into the distance, Lamkin’s eyes watered. God’s love is unconditional, she said, adding that her role as clergy is not to pass judgment.
Both said they often visit Williams in jail – sometimes bringing cards, drawings and other trinkets of encouragement. One card came all the way from Portland, Oregon.
When asked how Williams was faring, they said he was “distraught,” yet holding on – knowing that people care. Robinson said the two have shared a few tears.
“I’m not going to leave that kid sitting in jail night after night by himself thinking that everyone is against him,” Lamkin said. “I have been very clear with the young people: I will love and support you – even if I have to do it behind a glass.”
A bond reduction hearing is scheduled for Monday, January 12.
Follow this reporter on Twitter: @BridjesONeil.
