Court Cases

Murder Suspect Out On Bail News Press

Author: RACHEL REVEHL

Date: Jul 28, 2010

rrevehl@news-press.com

A man arrested for homicide last year was released from jail after posting bail the next day.

Still on bond and awaiting trial, he was arrested again last week, accused of stabbing a party guest. He was again released on bond the next day.

It begs the question why a man charged with two violent felonies should be allowed to post a bond to get out of jail. The simple answer — the U.S. Constitution requires it.

Adeirean Carey, 27, of Cape Coral, is out of the Lee County Jail while he awaits trial for allegedly shooting a 17-year¬old at his home. He also faces a charge of aggravated battery with a deadly weapon for allegedly stabbing a man two weeks ago.

According to sheriffs records, Carey, also known as “Crazy Red,” was arrested June 9, 2009, by deputies and charged with second-degree murder and possession of marijuana with intent to sell. The next day, he posted $51,500 bail and was released. The drug charge was later dropped, and the murder charge was reduced to manslaughter.

Then on July 12 of this year, he was arrested by Fort Myers police on a charge of aggravated battery with a deadly weapon. Records show he posted $100,000 bail and was again released from jail.

“It’s unfortunate that our society continues to allow individuals who commit violent crimes chance after chance after chance,” said Fort Myers Police Chief Doug Baker. “These are serious acts of violence, and you would think at some point our society would say enough is enough. … At some point, there needs to be additional measures taken for people who continually participate in violent acts.”

Sheriff Mike Scott said in an e-mail the scenario is not surprising.

“Killers and other violent offenders released back into our streets present concerns for everyone,” he wrote. “However, we are accustomed to arresting the same people over and over again.”

Ken Kellum, court operations director for the 20th Judicial Circuit, said pre-trial services screened Carey to determine if he was danger to society or a flight risk and determined he was neither. On the 2009 charge, he was required to surrender all firearms, records show. Lee Circuit Judge G. Keith Cary set his bond on the 2009 case, while Lee County Judge John Duryea Jr. set it two weeks ago.

“You’re entitled to a bond,” Kellum said. “In this instance, they had to set a bond — and (Duryea) set a high one.”

According to his 2009 arrest report, Carey was living in Pine Manor and deputies responded to his residence after a neighbor heard gunshots. Deputies found a broken window and Marcus Santiago, 17, lying dead in the grass behind the Fourth Avenue duplex.

A neighbor, who called police, reported Carey walked outside after the gunfire and called several people.

“It was also discovered that there were phone calls between Carey and the victim before and around the time of the shooting,” Lee County Sheriffs Cpl. Sean Lawler reported. “Within 30 minutes after the shooting took place, Carey told one of the witnesses someone was trying to break into his residence; so he lifted up the blinds and shot out his window at the person.”

His attorney David Brener has said the shooting was in self defense.

Then on July 12, Carey was arrested at a party he hosted on Van Buren Street when he reportedly stabbed a man who was arguing with Carey’s mother about charging people different prices to enter the party.

Brener said the strength of the state’s case is a factor when setting bond. He said there is a good chance Carey will walk on the shooting case because of the Stand Your Ground laws. On the other case, he said, Carey was in defense as well.

“You have two aberrations in the young man’s life — both of which have not resulted in convictions, but for which he is presumed innocent — the judge is going to grant a bond,” he said.

Samantha Syoen, spokeswoman for the state attorney’s office, said under Florida law, suspects in many crimes are entitled to bond.

“A bond is not a punishment,” Syoen said. “It is an assurance that the person will appear in court.” — Staff writer Pat Gillespie contributed to this report