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Bail Set Too Low After First-Degree Assault With Two Weapons. Why?

Bail Set Too Low After First-Degree Assault With Two Weapons. Why?

Ray Hrdlicka – Host – Attorneys.Media

“I’d like to talk about an issue that’s been in the news lately. And that is, an incident that occurred at a convenience store, actually fairly close to your office, over on Sprague Avenue in Tacoma (Washington). If you recall, the issue was an individual, a defendant, now a suspect, walked into the convenience store, got into an argument with somebody in the store, pulled out a screwdriver, argument continued. They went outside, he tripped over a bike, he pulled out a gun and shot at that individual, then shot several shots into the air, got into a car and drove off.

Now, they investigated that, the local authorities-the sheriff’s department, investigated the situation. Arrested the individual. But the reason it caught my attention was…he was released on a $5,000 bond. That’s what I could not believe when I read the article. Because the charges are first-degree assault, but it is only a $5,000 bond. And this person had a screwdriver and a weapon, a firearm, which he discharged. That’s two deadly weapons.”

Spencer Freeman – Criminal Defense Attorney – Pierce County, WA

“Yeah, it’s pretty shocking. And from a public policy perspective and a public protection perspective, it should be something that should be highlighted and looked at. You do have a class A felony that’s been charged. But in addition to that, this gentleman was under an order of protection from the Superior Court, and in that order of protection, he was ordered not to carry a firearm.”

Ray Hrdlicka – Host – Attorneys.Media

“That’s right, I remember that.”

Spencer Freeman – Criminal Defense Attorney – Pierce County, WA

“Right. So now you’ve got a gentleman whose clearly not going to abide by court orders and clearly going to take actions that significantly threaten the community around him. And yet, he’s released on merely $5,000. We’ve been facing this, and the community doesn’t even realize the Bail Reform efforts that have been going on to reduce the price of bail and the cost of bail, significantly. Including, whether or not bail bonds should be involved at all. But what they aren’t realizing is that this places the community at significant risk. This gentleman, not too hard to post out on that $5,000 for him, and he’s out in society, clearly not willing to abide by court orders. As opposed to, historically, we used to see, in that type of case, bail bonds…bail set at the $100,000 to $200,000 range, which is much more protective of society. I think the community is not even aware that these issues are going on.”

Ray Hrdlicka – Host – Attorneys.Media

“Well, one last question. Is there any possibility…let’s just run this scenario out a moment. He’s out on a $5,000 bond. He hurts somebody else. Does that person have any course of action against the county for failing to keep that individual inside. And I make the analogy of the individuals, suing gun manufacturers, who lost family members.”

Spencer Freeman – Criminal Defense Attorney – Pierce County, WA

“No. There’s judicial immunity. This is a decision by the court. This is a decision by the judge. The judge has immunity. They’re not going to hold the judge accountable…not monetarily, maybe politically in the next election. But you’re not going to hold the judge accountable. And I’m sure that the prosecutors requested much more significant bail than $5,000. This was a decision by the judge.”

Ray Hrdlicka – Host – Attorneys.Media

“Okay. We’re going to follow that. Thank you for your time.”

Spencer Freeman – Criminal Defense Attorney – Pierce County, WA

“All right. Thank you.”


Born and raised in Colorado, Mr. Freeman stayed in the Pacific Northwest after graduating cum laude from Seattle University School of Law in 1995, at which time he was awarded the National Order of Barristers by the National Board of Governors. After gaining extensive trial experience as a prosecutor for the City of Tacoma, Mr. Freeman worked locally for several small law firms focused on personal injury and criminal defense. In 2000, he began to work at a downtown Seattle law firm, where he worked with some of the best lawyers in the nation. During the better part of the next six years, Mr. Freeman was blessed to do work for one of the largest national television providers litigating matters involving the theft of encrypted satellite signals. During this time, he worked closely with corporate counsel and assisted in developing and managing a national litigation campaign. He appeared in federal courts throughout the nation, gaining extensive experience in both federal court litigation and the pursuit of intellectual property thieves attempting to hide on the Internet.

In late 2005, Mr. Freeman decided to open a practice in Tacoma, where his family was growing. Mr. Freeman’s connections locally and nationally nourished his practice over time. He has served the local community as well as handling cases in federal courts across the country. Locally, Mr. Freeman has assisted local businesses in such matters as contentious shareholder disputes and individuals in matters ranging from catastrophic injuries to class A felonies as well as lawsuits against insurance companies for bad faith claims practices. He tried a Whatcom County Superior Court case for a bail bond company that resulted in the first appellate law in Washington truly outlining the rights of fugitive recovery agents. He has tried cases in many counties throughout the State of Washington, argued before the Court of Appeals Division I and Division II and the Washington State Supreme Court.

Mr. Freeman’s practice has taken him beyond Washington State, where he has handled cases for national Internet multi-media companies enforcing copyrights in states such as Florida, Nevada, Arizona, and California. In those cases, he has successfully argued for jurisdiction in the United States against individuals that reside in other countries. Mr. Freeman also represented a publisher against sheriffs regarding First Amendment Rights to distribute a magazine in county jails, resulting in arguments before the Ninth Circuit Court of Appeals and the first case law of its kind. He has argued before the Ninth Circuit Court of Appeals five times and submitted a briefing to the United States Supreme Court.

On more than several occasions, Mr. Freeman has been retained by parties on the near eve of a trial solely for purpose of being lead trial counsel. One such successful case was against the U.S. Department of Justice in their first trial attempting to enforce the CAN-SPAM Act for the actions of independent contractors.

Mr. Freeman’s passion and strength lay in front of a jury. He finds a beautiful balance between fact witnesses, statutes, case law, rules of evidence, and the different contexts of each jury. Most cases find a resolution before trial, but the best resolution occurs when counsel is prepared to try the case. And, when a case cannot find resolution, Mr. Freeman loves to go to work.

Contact Attorney:

Phone: 253-383-4500
Freeman Law Firm, Inc. is one of the most reputable and reliable attorney enterprises with two locations in Tacoma and Olympia, WA.

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