A Coweta County man charged with drug possession and public indecency was able to get out of jail with just his signature, court records show.
Under a new Georgia law, that shouldn’t have happened.
Three days later, 22-year-old Terry Lee Rose III was back behind bars, this time charged with murder, after he allegedly stabbed a man to death behind a Dollar General store in Newnan, according to police.
A law signed by Gov. Brian Kemp in May took effect July 1 now requires cash bail for more offenses — including felony drug possession — rather than just a signature to be released from jail.
“This bill carries out important bail reforms that will ensure dangerous individuals cannot walk our streets and commit further crimes,” Kemp said the day he signed the bill.
The legislation, sponsored by state Sen. Randy Robertson — a former Muscogee County sheriff’s deputy — was a priority in the Senate during this year’s legislative session. Lt. Gov. Burt Jones, who like Robertson is a Republican, said the law was needed to stop the “revolving door” of people being arrested and released without having to pay cash bail.
Drug possession is among the charges that now require a cash bond, the law states. But Coweta Magistrate Judge Robert Stokely still allowed Rose to sign his way out of jail on Aug. 2 after his preliminary hearing.
Stokely told The Atlanta Journal-Constitution the U.S. Constitution allows him to make reasonable bond decisions.
“Which is more important, the Constitution or a legislative enactment?” Stokely said. “We have to make decisions based on what is stuck in front of me.”
But Atlanta attorney and former director of the Judicial Qualifications Commission Chuck Boring, who is not involved with the Coweta case, said judges should follow the law.
“The first rule in the Georgia Judicial Code of Conduct is that judges have to respect and comply with the law,” Boring said. “There is difference in making a wrong decision in applying the law and knowing what the law is and refusing to follow it.”
On July 19, Rose was spotted with nothing but underwear on behind a strip mall, according to a police report. An employee told investigators he had seen Rose nude.
While under arrest, officers found suspected methamphetamine in a backpack belonging to Rose, the report states. A test confirmed the substance was meth, police said.
Rose was arrested and charged with felony drug possession and public indecency, a misdemeanor charge. He remained in the Coweta jail until Stokely granted the signature bond.
Then on Aug. 5, Rose allegedly stabbed a man to death near a Bullsboro Drive homeless camp, according to Newnan police. Officers were called at 7:26 a.m. to a wooded area behind a Dollar General store.
“Upon arrival, it was determined that a male appeared to be severely injured from cuts and stab wounds,” police said in a news release. “The Newnan Police Department secured the area and apprehended the alleged offender.”
The injured man, 28-year-old Jonathan Marquez Jackson, died at the scene from his injuries, police said. Jackson, a Newnan native and father, was remembered for his sense of humor and love of the outdoors, according to his obituary.
“Jonathan’s vibrant spirit and infectious laughter left a lasting impression on all who knew him,” the obituary states. “ … His sense of humor was a hallmark of his personality, often bringing light and laughter into the lives of those around him.”
Investigators did not release details about a possible motive in the killing. Rose was arrested and charged with murder and tampering with evidence after allegedly burning the shirt he was wearing when he killed Jackson.
Judges have several options when deciding what to do with an alleged criminal offender before a trial. In the most serious cases, they may deny bond and send the offender to jail. They can require someone to post a bond or cash bail as a means of guaranteeing they will return to court. For the least serious offenses, a judge may release someone on their own recognizance or simply require a signature.
Stokely said he stands by his decision to allow Rose a signature bond based on the information he had in court.
“Hindsight is 2020,” Boring said. “And no judge can predict what someone is going to do when they get out on bond. Generally speaking people are entitled to a bond.”
Rose remains in the Coweta jail, where he is being held without bond.
