The release on bail of a suspect in a high-profile mass shooting in Montgomery this month is frustrating local and state officials.
Some hope a constitutional amendment before voters next spring may prevent similar situations anywhere in the state.
The referendum adds solicitation, attempt, or conspiracy to commit murder to a list of alleged crimes for which judges may deny bail. Attempted murder, which the suspect in question is charged with, is not in the current law that allows the denial of bail.
“The district attorney’s office would have the ability to ask the court to put a no bond on somebody who’s charged with attempted murder,” Sen. Will Barfoot, R-Pike Road, said recently. He sponsored Senate Bill 118 in the spring session, part of a larger, priority package of anti-crime legislation. Law enforcement could also ask that bond be denied for those who shoot into occupied dwellings.
The proposal is an expansion of Aniah’s Law. Approved by voters in 2022, it allows judges to deny bail for other specific violent crimes.
“It’s another tool that law enforcement and prosecutors need to combat the crime that’s happening around the state and specifically in some of the metropolitan areas,” Barfoot said.
Four people so far have been arrested for their involvement in the early October shooting that killed two and injured a dozen more.
Last week, Javorick Whiting, 19, charged with attempted murder, was released on $60,000 bail. That was the maximum bail amount under state state-recommended guidelines. The Alabama Rules for Criminal Procedure do allow judges some discretion, and several outlets last week reported that the Montgomery County district attorney was seeking a new bail amount for Whiting.
Senate Bill 118 passed both chambers unanimously in the spring, though 16 House Democrats abstained on the final vote.
Montgomery Mayor Steven Reed spoke about the situation on the most recent episode of Capitol Journal. He said he agrees the expansion of Aniah’s Law is needed, but said “proper judicial temperament” is also needed.
“This is one of those that there have to be exceptions to the rule. Sometimes you leave these up to the judiciary to make their own decisions – and we understand that,” Reed said. “The fact that this is not included in Aniah’s Law does not reverse to me what should be proper judicial temperament and understanding the impact of this mass shooting.
Gov. Kay Ivey issued a statement regarding the suspect’s release and the need for expansion of Aniah’s Law.
“This is exactly the legal loophole that I and many in the Legislature sought to close when I signed the Safe Alabama package,” Ivey said. “Next May, all Alabama voters will have a chance to end mandatory bail for those suspected of attempted murder by voting to expand Aniah’s Law. I will not forget (this) troubling news when casting my vote.”
Rep. Chip Brown, R-Mobile, sponsored the original Aniah’s Law and worked on the expansion bill.
“The whole reason for Aniah’s Law is to keep people who have a high propensity to recommit a crime off the streets,” Brown said. “… When we wrote the original law, we knew there would be times where we would, as times changed and we learned more about different crimes, have the opportunity to come back to the people and ask them to add additional offenses to it.”
Aniah Blanchard was 19 and a student at Southern Union State Community College in 2019 when she was abducted in Auburn and killed. The man accused of her murder, Ibraheem Yazeed, was out on bail awaiting his trial for a previous kidnapping case. His trial is set for the spring.