11Alive Atlanta – Attorney Chinwe’ Foster speaks on factors of bond revocation in local case

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FULTON COUNTY, Ga. — Jenny Pitcher said she was floored and in “utter disbelief and utter outrage” when a Fulton County judge granted Jason Hall a $100,000 bond.

He’s accused of killing his fiancée, Kelly Huber, on her 36th birthday in January of this year before escaping and having an hour-long standoff with police.

“It’s like he’s just going to get away with it, is what it seems like right now, it’s appalling,” she said.

Pitcher said she started a petition to get the judge to revoke the bond after she got no response from the court.

The district attorney and judge did not return 11Alive’s multiple calls for comment, but court records show Hall bonded out and was released. Kelly’s former partner, Anton MacFarlane said he doesn’t understand how this happened.

“I’m sorry, I really don’t know what to say about it, it’s beyond words sometimes,” he said.

But attorney Chinwe Foster, who’s not involved in the case, said it’s within the judge’s discretion to grant bond – even on a murder charge.

“That’s what we have the justice system for,” she said. “You go to trial and if you’re found guilty, you’re going to be in jail. But that’s not the purpose of bond.”

In Georgia, judges decide bonds based on the four aspects, known as the “Ayala Factors.” Under that criteria, a defendant is entitled to bond in felony cases unless the state can show that the Defendant

  • Is a significant flight risk.
  • Poses a significant danger to someone or property
  • Is considered at risk of committing a felony before trial.
  • Is considered at risk of intimidating witnesses.

Pitcher said that, based on those factors, Hall should have been denied bond because he threatened his ex-wife. Court records show there were multiple calls to the police.

According to email records obtained by 11Alive, police in Roswell were so concerned about Hall’s behavior, they asked the police in Walton to patrol outside his ex-wife’s house – just 48 hours before Hall allegedly killed his fiancée.

Pitcher said she’s frustrated he was still released.

“It’s basically telling any other person who wants to commit a crime in Atlanta, ‘Well, if you do it in Fulton County you’ll probably get bond,” she said.

Hall is under house arrest and must wear an ankle monitor at all times. At this point, his next court date hasn’t been set yet.