ASHEVILLE - A week after the N.C. State Bureau of Investigation launched a probe into Buncombe County’s Pretrial release services, a fleeing fugitive's pre-trial release coordinator resigned Aug. 9. Records show there were more than 240 alerts from Houston’s ankle monitor over the past year during his release from jail.
Amid Ryan Houston’s run from law enforcement Aug. 2, District Attorney Todd Williams requested the N.C. SBI provide “investigatory assistance into Buncombe County Pretrial Services,” Williams and SBI spokesperson Angie Grube told the Citizen Times Aug. 12.
The day before William’s request, Houston’s pre-trial ankle monitor released a “tether broken” alert at 10:03 p.m. Aug. 1 after he “disposed the (electronic monitor) phone,” according to court records obtained by the Citizen Times. Around that time, Houston was speeding down Interstate 40 in McDowell County at an excess of 100 mph as seen by a N.C. State Highway Patrol Trooper, according to court documents.
From that point, Houston was not tracked by his pre-trial monitoring devices — mandated by his release from jail a year ago — when he ran from a N.C. State Highway Patrol trooper while an Asheville mother bled from stab wounds in his car, he allegedly assaulted a homeowner after breaking into their home, was suspected in stealing three vehicles, and fatally crashed headfirst into former Marshall Police Chief Mike Boone, killing both himself and the retired law enforcement officer.
More: 3 dead after pre-trial suspect fled law enforcement: Why released from Buncombe Co. jail?
Numerous monitor alerts, 1 pretrial violation
This wasn’t the first time Houston’s ankle monitor lost signal since he was charged with shooting a Buncombe County Sheriff's deputy and released from jail after posting a $1.5 million bond last year, according to records obtained by the Citizen Times. Over the past 12 months, Houston’s monitor lost GPS signal 22 times and lost a signal sent to the monitoring center’s server 27 times, for a total of about 175 hours that either the GPS or the server were not tracking him.
Houston’s monitor also sent a “restricted area” alert four times in the last year, which indicates he may have been near an area where he was prohibited.And 10 days before his violent flight from police started Aug. 1, records indicate he removed the SIM card from his device.
When Pretrial Services receives these alerts, the defendant’s coordinator is required to contact them to “ensure the individual is in compliance,” spokesperson Lillian Govus said via email Aug. 12. This may include charging or staying close to the equipment.
“If they cannot confirm compliance, they file a report to the court,” she added.
The violation is then taken to the judge for signature, who then decides if an order for arrest should be filed, what bond will be sett, and if the defendant's pretrial release will continue or end.
The Citizen Times requested all of Houston’s Pretrial Services Violation Reports for the past year and received one.
A violation report was originally prepared on Aug. 2 by pretrial coordinator Nelly Vargas, which stated Houston was charged with new criminal activity — larceny of a firearm and first-degree burglary in McDowell County. The report was resubmitted by a different coordinator on Aug. 7 because the original contained a date error, according to Govus.
More: NC Highway Patrol releases reports on fugitive's high-speed accidents on I-26 and I-40
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Coordinator resigns; SBI, county investigates pretrial services
Govus confirmed Vargas was Houston’s pre-trial coordinator. She resigned on Aug. 9 effective immediately, according to her resignation letter obtained by the Citizen Times.
“I am writing to inform you of my immediate resignation from my position as a Case Coordinator in the Justice Services department,” Vargas wrote.
“I want to thank you for the years of opportunity and experiences your department has provided. I am grateful for the time I have put into this part of my career but have decided to pursue another opportunity.”
Meanwhile, the SBI is continuing to investigate the county’s pretrial services, specifically regarding Houston, Grube confirmed Aug. 12.
The Citizen Times asked Williams, the district attorney, why the number of alerts on Houston’s monitor did not constitute a disregard for his monitor instructions and result in pre-trial release violations. He declined to comment further, citing the pending investigation. Chief District Court Judge J. Calvin Hill — who set Houston's original $1.5 million bond — cited the same reason for not commenting on a question regarding Pretrial Service's discretion.
More: Update: 'Dangerous' man in fatal wreck before home invasion; ankle monitor stopped working
Buncombe County launched a separate investigation into Pretrial Services, which is being conducted from “a personnel standpoint and operations best practices standpoint,” Govus said.
The county has five pretrial coordinator positions, three who are assigned to electronic monitoring. They have a maximum caseload of 20 per coordinator. Currently, there are 15 people charged with criminal offenses who are under electronic monitoring in the county, according to Govus.
“These folks are decent, hardworking people who are overwhelmed,” Kathy LaMotte, a public defender, told the Citizen Times. “Every person that a judge says, ‘you’re on pretrial,’ they have to monitor.”
The Citizen Times requested how many cases, not just those with electronic monitors, are currently tasked to pretrial coordinators.
Concerns with overcorrection, bond system based on money
LaMotte, also a member of the county’s jail review team, pointed out a concern trickling through Buncombe County’s court right now: that the criminal justice system tends to overcorrect, which may do more harm than good.
“We ratchet every time something really bad happens and we make the whole thing worse for everybody. The answer is not to lock more people up on low level stuff, which is usually what happens in response to a thing like this,” LaMotte said.
LaMotte said she feels the money-based bond system across the country is “absurd,” pointing to clients who are in jail not because they are dangerous, but because they can’t pay $500 or $100 to get out. She also pointed out a fundamental principal in the criminal justice system: those charged are presumed innocent until proven guilty.
“But at the same time, we also don’t want dangerous people out walking the streets, so we need to figure out how to deal with those people. And money isn’t a good answer,” LaMotte said, adding that Hill setting a $1.5 million bond is a relatively high bond that was likely meant to keep Houston in custody.
“It’s a legislature problem,” LaMotte said. “We need to have a different way to say, ‘this person is dangerous, and he shouldn’t get out.’” There is another way now, according to LaMotte, thanks to the new pre-trial release law that came into effect last October, allowing more judicial discretion for placing a “no bond” on people charged.
More: Community honors former Marshall Police Chief Mike Boone with tributes, benefits
Ryley Ober is the Public Safety Reporter for Asheville Citizen Times, part of the USA Today Network. Email her at rober@gannett.com and follow her on Twitter @ryleyober
This article originally appeared on Asheville Citizen Times: Buncombe fugitive's pretrial coordinator resigns, SBI investigates
