Simmons’ lawyer seeking ‘reasonable’ bond, but district attorney opposed
Published 12:00 am Friday, April 18, 2003
A motion to set reasonable bond for Mario Jermaine Simmons was filed in Circuit Court Thursday morning.
Simmons, 26, is charged with the murder of Paul Jermaine Mollette, 21. Simmons allegedly shot and killed Mollette Feb. 28 near the Washington Street Supermarket.
William T. Faile, Simmons’ attorney, previously indicated he would seek a lower bond for his client since Simmons is still under a doctor’s care for a gunshot wound he received the night of the alleged incident.
According to Faile’s motion, Simmons and his family could make bond if it were set along the lines of the Alabama Rules of Criminal Procedure.
The motion states that procedure indicates the recommended bond be $5,000 to $50,000. Simmons’ current bond is $750,000.
Because the motion had not yet been given a case number it was assigned to the presiding judge &045;&045; Circuit Court Judge Marvin Wiggins. Faile said he expected Wiggins to examine the motion sometime Thursday.
District Attorney Ed Greene, though, said he wasn’t in favor of a lower bond for Simmons.
Greene said Simmons is alleged to have shot an unarmed citizen after being told to stop by a Selma Police Department officer. Also, he said Simmons has a pending assault case and a history with the criminal justice system.
Greene said Wiggins may not make a decision on Simmons’ bond immediately, but could schedule a bond hearing to look at the matter at a later date.
According to the motion, one reason Simmons should have a lower bond is because he continues to suffer from his gunshot wound and he needs medical care that can be provided outside of the Dallas County Jail. As long as Simmons remains in prison the Dallas County Sheriff’s Department is required by law to ensure he receives adequate medical care.
Huffman said he has requested lower bonds for inmates in the past, but hasn’t yet made any request concerning Simmons.