By Robert Tomlinson
News Director
CENTREVILLE — An emergency bond hearing will be set in the case of a man who allegedly killed a 10-year-old with his vehicle in Sherman Township earlier this month.
In a hearing Friday, Dec. 20, St. Joseph County District Court Judge Jeffrey Middleton set a show cause hearing for Thursday, Dec. 26 at 10:30 a.m. to determine whether or not to cancel bond for 29-year-old Logan Thomas.
Thomas is currently charged with driving while license suspended causing death in a Dec. 2 incident where he was traveling westbound on Banker Street in Sherman Township when he allegedly failed to see a group of children in the area, hitting one of them. A 10-year-old child that was hit was pronounced dead after lifesaving measures were attempted. He had posted a $100,000 bond on Dec. 13.
Assistant Prosecutor and Prosecutor-elect Deborah Davis had filed a motion just hours prior to cancel Thomas’ bond after a specimen submitted during a test on Dec. 16 at the Day Reporting Center reportedly tested positive for meth, which was a violation of his bond conditions; the report was submitted on Dec. 19. Separately, Davis said during the hearing that a Michigan State Police report also came out on Dec. 19 that allegedly confirmed Thomas had meth, amphetamine, fentanyl and morphine in his system at the time of the crash on Dec. 2.
“The conditional release is to ensure the appearance of the defendant and to reasonably ensure the safety of the public, and the court can order that pretrial release on the condition or any combination of conditions that the court determines are appropriate. The court did put conditional release terms on him, and he has not complied with those,” Davis argued. “As far as revocation and appealing or modifying that release decision, we can file a motion to do so and the court may decide to reverse that decision.”
With the abruptness of the emergency hearing, however, neither Thomas nor his lawyer were present. Middleton said although he agreed he had the authority to cancel bond, because both Thomas and his lawyer were not present he was hesitant to accept the ex parte motion, a motion brought by one party in the absence of the other party, right then and there, and opted to set the show cause hearing so that the defense can be present to argue their side.
“I’m reluctant to do an ex parte revocation of bond and a bench warrant without any notice to the defendant or counsel,” Middleton said.
The Dec. 26 hearing will be heard in front of Middleton. Thomas will be represented by lawyer Anastase Markou after a substitution of attorney form was filed on Dec. 19.
Robert Tomlinson can be reached at 279-7488 or robert@wilcoxnewspapers.com.