A Bowie County district judge ordered the release of three murder defendants on personal recognizance bonds Friday in keeping with a higher court's ruling handed down earlier this week.
All of the defendants were still in custody as of Friday's hearing. Bowie County District Attorney Jerry Rochelle announced at Brown's and Smith's hearing that the state is ready to try their cases.
"We're not quite ready on that one," Pesek said of Newton's case.
Brown, Smith and Newton are accused in the February shooting death of Christopher Guilbeau, 24. Brown and Smith were arrested March 5 in Tulsa, Okla., driving Guilbeau's pickup. Newton was arrested a couple of months later in Tacoma, Wash. Guilbeau's body was found in a Texarkana, Texas, alley March 6.
Pesek set unsecured $25,000, no-fee, personal bonds for all three defendants Friday, noting that he was overruled in his December ruling to keep the bails high by the 6th District Court of Appeals headquartered in Texarkana in an opinion handed down Wednesday. The higher court sided with defense lawyers in Brown's and Smith's cases and opined that Texas law mandates the suspects' releases because the state was not ready for trial within 90 days of their arrests. While Newton's case was not part of the 6th's opinion because her arrest occurred later than her male co-defendants, Pesek ordered her release as well.
But the defendants have a thin line to walk to remain free while their cases proceed.
All are to remain in Bowie County on house arrest, wear GPS leg monitors and report three times weekly to pretrial services. In addition to the scheduled pretrial visits, the defendants are subject to calls from pre-trial supervisors ordering them to report randomly within two hours of a phone call at any time. The defendants are to abstain from alcohol or drug use.
Al Smith told Pesek he has concerns about Brown's living situation.
"He was just here visiting when this happened," Al Smith said.
Al Smith told the judge that Brown's family lives in Dallas and likely can't afford to rent housing for him in Bowie County.
"If he can't find a residence here, we have a homeless shelter, Randy Sams', where he can stay," Pesek said. "Pre-trial services can work with Randy Sams'. If he finds someone to live with here, pre-trial will interview them."
None of the defendants are allowed to reside with one another or a co-defendant's family member. Pesek told the defendants they are not to have contact with each other and forbid any contact with the victim's family.
Marquell Smith's lawyer, Chief Public Defender Rick Shumaker, asked if his client would be able to venture out of his place of house arrest for attorney visits. Pesek said he recalls seeing clients in their homes when he was a lawyer in private practice.
"We're not private practice," Shumaker said. "I don't feel comfortable sending my employees out"
Pesek cut Shumaker off and made it clear Smith would not be free to visit the public defender's office.
"You're on the public dime, and I think it would be a good use of the taxpayer's money for you to handle it that way," Pesek said of attorney consults in Marquell Smith's residence. "For the foreseeable future that is the way we're going to operate."
Shamari Newton's lawyer, Gerald Smith of Arlington, Texas, said his client can live with her father in Texarkana but might need permission to attend appointments with her doctor. Pesek agreed to allow pre-trial services and the court to address Newton's need for medical attention as the need arises.
At the end of each defendants' hearing, Pesek scheduled each for trial.
Pesek set jury selection in Marquell Smith's case for Oct. 4.
"That is a special setting and is nonmovable," Pesek said.
Shumaker complained that his office still hasn't received copies of all DVD recordings associated with the case or reports on forensic tests by the state's crime lab. First Assistant District Attorney Mike Shepherd said the DA's office has been working diligently to copy an abundant amount of evidence in the form of DVDs, though it has provided the defense with copies of all paper reports. Pesek asked Shepherd and Assistant District Attorney Katie Carter to contact the crime lab to inform them of the impending trial dates and the pressing need for the scientific reports.
Pesek scheduled Brown's case for jury selection Nov. 7 and set Newton's trial for Dec. 6.
All of the defendants will return to court March 14 for pretrial hearings.