THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Friday, December 15, 1995 TAG: 9512150499
SECTION: LOCAL PAGE: B1 EDITION: FINAL
SOURCE: BY MARC DAVIS AND JOE JACKSON, STAFF WRITERS
DATELINE: NORFOLK LENGTH: Long : 127 lines
A teenage capital murder suspect who was released on a technicality, then failed to show up in court for a new hearing last week, remains a fugitive a week after he was reindicted.
The suspect, Chauncey Jackson, 16, did not appear Dec. 7 for a new bond hearing in Circuit Court after being reindicted for capital murder the previous day.
A judge promptly revoked Jackson's bond and issued a warrant for his arrest.
Since then, police have hunted for Jackson. He has not been home, even though he was required to be there as a condition of his release. Police think he is still in the area, staying with friends.
Troy Spencer, one of Jackson's lawyers, last spoke to the teenager by phone last Friday. At that time, Jackson appeared ready to turn himself in.
``Obviously, it didn't happen,'' Spencer said Thursday. ``He's been involved in no violence that we've heard of. . . . I think what you've got is a 16-year-old with Christmas coming, with substantial charges against him. I think, basically, he's scared.''
But relatives of victim Ronald G. Bonney Jr. said they are scared, too, and they wonder how Jackson, who has confessed to police, could be out on the streets.
``Someone who's confessed to a killing, you don't let him out for six weeks and expect him to come back,'' said Becky Roberts, the victim's sister.
The family members have not received any threats since Jackson's disappearance, Roberts said, but they remain worried.
``This guy, there was no remorse for what was done,'' Roberts said. ``He always looked back at you in court with these eyes like, `I hate you and it's all your fault.' It does put you in a situation where you can't trust the law. It sure does make you worry.''
Even if Jackson commits no further violence, the fugitive warrant against him does not bode well for him when he is caught, Spencer said.
``I don't think the judge is very happy,'' Spencer said. ``Remember, this is the judge who most likely will be disposing of the case - and sentencing him.''
Detective Rick Malbon, the lead investigator, believes Jackson is in the area. Police are not aware of any threats to witnesses or to the victim's family, he said.
``If he's with friends, he could be real vulnerable,'' Malbon said. ``His friends could be saying, `Chauncey, you're going to jail, enjoy it while you're out.' That could cause problems. That's what worries me.''
Jackson is accused of being the triggerman in the shooting of Bonney, 27, on Vine Street in Diggs Town on Aug. 31, 1994. A co-defendant, Calvin Outlaw, has been convicted of first-degree murder, attempted robbery and two firearms charges and sentenced to 68 years in prison.
Jackson was released from jail on Oct. 24 because of technical problems with his case.
In essence, a succession of legal mistakes destroyed the validity of the original indictments, Judge Lydia Taylor ruled. She said this legally forced her hand and influenced her decision to release Jackson.
Yet the seriousness of Jackson's charges also forced her to place some controls on the youth, she said. Thus, he was released on $20,000 personal recognizance bond, with stringent conditions.
At issue was a juvenile law that took effect in July 1994, but was not followed by the court or prosecutors until June this year, testimony showed.
Under the law, a juvenile case that is transfered to adult court must be reviewed and approved by a Circuit Court judge before the youth can be indicted. This did not happen in Jackson's case.
Jackson was charged with capital murder, conspiracy, attempted robbery and two firearms charges. He made three statements to police, confessing to the shooting, records show.
Jackson's charges were transfered from juvenile court on Sept. 21, 1994, and he was indicted in Circuit Court in October 1994. But a Circuit Court judge did not review the transfer before prosecutors presented charges to the grand jury. Then, when the transfer was reviewed, prosecutors failed to re-indict.
``For some unexplained reason, the commonwealth neglected to take this case to the grand jury for reindictment,'' Taylor wrote. ``Additionally, it neglected to check the court file and its own papers, and was thus unaware of its own failure.''
When prosecutors realized their failure, Taylor wrote, they blamed the court. But after a search of the court's files and prosecutors' files, they realized the fault lay with the commonwealth's attorney's office, Taylor said.
On Oct. 24, the day his murder trial was to begin, Jackson was released to the custody of his mother until the judge could review the law and decide whether to continue the case in Circuit Court, begin the case again in juvenile court or dismiss the charges and let Jackson go free.
Commonwealth's Attorney Charles Griffith believes that Taylor did not have to release Jackson. He said Jackson was held without bond before the indictment problem because the teen posed a high risk of fleeing and was a danger to the community.
``Those factors didn't go away just because we were having a legal debate over the interpretation of a statute,'' Griffith said Thursday.
But Jackson's attorney, Spencer, said the judge did the right thing. He said Taylor was forced to release his client because the indictments were flawed and, under the law, Jackson was not even charged.
On Oct. 24, the day Jackson was released, Spencer said, ``Under the law, that indictment was improper.''
If prosecutors had sought a new indictment to correct the mistake, everything would have been according to statute and Jackson would not have been released, he said. But prosecutors did not seek the new indictment within two grand juries of the judge's review - and so the mistake lay more with prosecutors than with the judge, Spencer said. On Nov. 22, Taylor gave prosecutors the option of re-indicting Jackson in Circuit Court or starting again in juvenile court.
On Dec. 6, the grand jury indicted Jackson again and detectives went to his house to arrest him. But Jackson wasn't home. The next morning, he did not show up for the bond hearing.
After the bond hearing last week, Jackson's attorney said he expected his client to turn himself in or be caught quickly.
``I think he's in town and I expect him to be in custody fairly soon,'' Spencer said Dec. 7. ``I know his family real well. I know they are being very cooperative.''
Instead, Jackson remains at large.
Roberts, the victim's sister, said Jackson's disappearance has deeply hurt her family.
``You cannot get over the death until the murder is taken care of. It's all part of the process of grieving,'' she said. ``You expect the law to take over. . . . I just don't have any trust in the law.'' ILLUSTRATION: Photo
Ronald G. Bonney Jr., 27, was slain on Vine Street in Diggs Town on
Aug. 31, 1994.
KEYWORDS: CAPITAL MURDER JUVENILE CRIMINAL JUVENILE JUSTICE SYSTEM by CNB