On Friday, September 6, 2024, Action News 5 reported that Senator Brent Taylor is calling for disciplinary action against Shelby County Judge Bill Anderson following the judge’s controversial handling of a bail hearing. This call for action arises from allegations that Judge Anderson misrepresented bail laws while presiding over the case of Detawn Gunn, a suspect charged with five counts of attempted second-degree murder related to a shooting incident outside a Midtown Memphis bar.
The incident in question occurred on August 16, when Gunn allegedly fired a shotgun, injuring multiple individuals during a dispute over a parking spot. During a bond hearing on August 26, Judge Anderson released Gunn without requiring bail, a decision that has prompted a significant backlash. Senator Taylor, who reviewed audio from the hearing, contends that the judge incorrectly interpreted the law concerning bail conditions, potentially violating two recently enacted state laws.
In his public statements, Senator Taylor expressed concern over Judge Anderson’s interpretation of the law during the hearing. Taylor emphasized that the legal framework allows judges to mandate monitoring from Shelby County pre-trial services when a defendant utilizes a bond company for release. He stated that Judge Anderson’s actions not only endangered public safety but also demonstrated a disregard for established legal protocols.
The senator has taken steps to formally address the situation by writing a letter advocating for disciplinary action against Judge Anderson. He warned that the outcome of the investigation could lead to a referral to the General Assembly, which might result in the judge’s removal from the bench. In his letter, Taylor criticized the judge’s rationale for releasing Gunn, describing it as lacking coherence and grounded in a “casserole of chaos” rather than a solid legal argument.
During the bond hearing, Judge Anderson made comments indicating his awareness of the potential public outcry surrounding his decision. He acknowledged that allowing Gunn to be released without bail would likely provoke backlash, stating, “But it’s gonna sound heinous… They’re gonna want to hang me.” However, he defended his choice by highlighting Gunn’s employment status and lack of prior criminal history, asserting that these factors indicated he was not a threat to the community.
Despite Judge Anderson’s reasoning, Senator Taylor pointed out that the judge’s failure to follow the new law compromises public safety and undermines the integrity of the judicial system. The senator noted that the law explicitly allows for conditions to be set for defendants released on their own recognizance, including monitoring by pre-trial services.
This is not the first time Judge Anderson has faced scrutiny for his comments regarding the bail system. Earlier in the year, he was reprimanded for making disparaging remarks about bail bond companies during an interview. In that instance, he argued for systemic changes to eliminate bail bond companies from the decision-making process regarding releases.
As the situation develops, the Shelby County District Attorney’s Office has responded to Judge Anderson’s decision by seeking to appeal the ruling. The DA’s office is pursuing a rarely used legal maneuver that escalates the case to a higher court, aiming to have a bond set for Gunn. Initially, the prosecution requested a $500,000 bond, reflecting the severity of the charges against Gunn.
Gunn’s attorney, Scott Hall, expressed surprise at the judge’s decision to release his client without bail, although he noted that specific conditions were established for Gunn’s release. These conditions include regular check-ins with pre-trial services, a strict curfew, and mandatory drug testing. Hall confirmed that Gunn has complied with these stipulations, including reporting negative results in drug screenings and adhering to the curfew requirements.
Source: Action News 5
