Criminal History Often Not Considered When Setting Bond - KAUZ-TV: Newschannel 6 Now | Wichita Falls, TX

Xavier Evans was released on $18,500 bond one day after his arrest. The arrest was for two felony warrants for which Wichita Falls S.W.A.T. had to be called in. And, Evans has a criminal record that includes at least 13 misdemeanors and five felonies since 2001. So, why was he out on such little bond?

Wichita Falls Police tried to serve felony warrants for Robbery and Criminal Trespass against Evans Friday. Evans spotted police, then barricaded himself in his home on the 2500 block of Carrigan Avenue. Police arrested Evans for the warrants and for Evading Arrest/Detention.

Evans also has cases pending for three misdemeanor possession charges and a felony Assault Family Violence With Previous Conviction charge. But, those, and the rest of his history, were probably not considered when his bond was set for the most recent charges.

Judge Daniel Tompkins was the magistrate who read Evans his rights and set bond. But, he said he was only following the recommendation of Precinct 4 Judge Karen Hamilton. Calls to Hamilton's office Tuesday yielded only busy signals.

But, Precinct 3 Judge Mark Newman was available for comment. He said, often times, judges issuing warrants have only an affidavit to go by. Typically the officer who filed the affidavit is not present. And, though a judge can look into a person's criminal past, Newman said, they usually only do so if they have a compelling reason.

Bond is also not meant to be a punishment. Newman said a judge can't just set a bond high because they think it's a good idea. There needs to be a compelling legal reason to do so. generally, he said, a judge is confined by the four corners of the affidavit.