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Bond revoked: Judge sends 18-year-old back to jail after getting out on bond three separate times in recent weeks

Ty'Quan Kelly was charged with marijuana possession and possession of a pistol the night of the shooting. He was let on on bond initially, which is now revoked.

COLUMBIA, S.C. — A judge has revoked the bond of a man charged in connection with this past weekend's shooting at a Columbia park that left 11 with injuries

18-year-old Ty’Quan Kelly was arrested for marijuana possession and carrying a pistol when deputies say a vehicle he was a passenger in was pulled over after the shooting.

He was initially let go from jail, but now he’s going back behind bars. 

"At this point in time, Mr. Kelly, I am going to go ahead and revoke your bond," Judge Robert Hood said in court. "I find that you are a danger to the community."

That’s the decision the circuit court judge came to after hearing arguments about Kelly, who was arrested Saturday morning after a shooting at Meadowlake Park around 1 a.m., which left 11 people injured.

Kelly was let out on a $10,000 bond.

Prosecutors say it was his third arrest in eight weeks, with each time resulting in Kelly's release from jail.

"He’s been arrested three times, seven different charges, he’s had a gun every time," Assistant Solicitor Jack Jackson told the judge.

Prosecutors say back on March 1, Kelly was arrested and  charged with possession with intent to distribute marijuana and carrying a pistol. After Kelly was arrested, he got out on a $2,500 surety bond.

Jackson says Kelly was arrested again on April 16 for assault and battery, in addition to possession of a machine gun. He then bonded out a second time. 

Finally, prosecutors say Kelly was arrested a third time on April 29 after the Meadowlake shooting. This time Kelly was charged with gun and drug possession, but not the shooting itself. 

"He’s proven that he gets out on bond and continues to commit crimes. He’s now been associated with a very violent and dangerous incident," Jackson shared with the court. "Wherever he goes, crime follows and danger follows."

Sheriff Leon Lott raised objections after the latest release, and that led the solicitor to call for Wednesday’s haring to determine if Kelly should still be free. 

Kelly’s defense attorney Jessica Sturgill says Kelly is presumed innocent.

"None of these are convictions and in fact he does not have any convictions on his record," Sturgill reiterated.

His mother, Tashambra Kelly, showed up to voice her support for her son and ask for house arrest instead of jail time.

"He’s not a bad child and I just want him to be home, so that’s what I’m asking you, if he can just be home, in the house, and not go no where," Tashambra asked the judge.

Ultimately, Judge Hood decided to revoke Kelly’s bond, which is a decision Lott says is helpful.

"What else can we do except keep him in jail because he’s already shown he’s a danger to the community," Lott shares.

A community Lott and his department are working to protect by continuing their investigation into the shooting — still without any named suspects.

"You have a lot of victims, you have a lot of shooters, you have a lot of evidence that we have to go through. It’s probably over 70 pieces of evidence when it comes to the shooting," Lott explains. "That’s shell casings, that’s bullets. So this is a very intense investigation that we’ve got, so we’re progressing."

Hood decided the court can revisit the issue in 90 days per a request by Kelly’s attorney.

The state legislature is working on a bill now that might have an impact on people like Kelly. Lawmakers are currently debating a bill that would punish people for committing an additional crime while they are out on bond. 

Defendants who are awaiting trial typically have a bond hearing where a judge can allow them to pay a fee to be released from jail while they wait for their trial to start.

There has been a lot of back and forth between the House and the Senate, but the common factor is that lawmakers want to punish people who repeat offenders.

The Senate’s most recent changes to the bill make it so these people who commit violent crimes or any crime with a gun to have their bond taken away and be sent back to jail. 

The Senate’s version also creates a tiered system that would make it more expensive for defendants accused of violent crimes and gun crimes to get back out.

It makes it so circuit court judges would be involved in the sentencing process instead of a magistrate. Circuit court judges, like Hood, have law degrees, while magistrates are only required to have a bachelor’s degree. 

It also added a provision allowing the South Carolina Law Enforcement Division to create statewide regulations for electronic monitoring for people out on bond.

Now, this bill will go to conference committee. 

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