Man accused in Westwood quadruple shooting was out on bond in a weapons case

At the time of a quadruple shooting on Saturday, one of the suspected gunmen was out of jail on bond in a weapons case.

This has prompted criticism of the judges and jail system for not doing more to keep gun offenders behind bars while they wait for trial.

Darius Harris, 19, has been charged in connection with the Westwood shooting that hospitalized a 6-year-old and an 8-year-old.

Harris was also shot in the July 12 incident. He was survived and was arrested Tuesday.

Two months earlier, in April, he was arrested after police said he was carrying a loaded 9mm Smith & Wesson handgun in a car.

Harris was initially charged with receiving stolen property, improper handling of firearms in a motor vehicle, carrying concealed weapons and having weapons under disability – a crime that typically means the person has been convicted of serious prior offenses.

The night of that arrest the Pretrial Services Division of the court, which examines the nature of the charges and past of the offender, recommended a $91,000 bond for the offenses, officials at the Hamilton County Clerk of Courts Office said Wednesday. This proposed bond was signed by Municipal Court Judge Michael Peck.

Harris was held in jail overnight and appeared before Peck the following morning, officials said. After that proceeding, Peck decided Harris should be released to await trial at home without the need for a cash bond – in Ohio, this is called an OR bond, standing for "released on own recognizance."

At the grand jury, two of the charges were dropped against Harris, but two felonies remained.

At Harris's second arraignment into Common Pleas Court, Magistrate Anita Berding did not raise Harris's bond.

In Berding's hearing in May, the defendant was granted a waiver of presence, which could suggest there were no objections to his bond. At arraignments, prosecutors and defense attorneys can argue for specific bonds.

The prosecutor's office did not reply to messages seeking comment on this situation. It remains unclear if the prosecutor involved in the case argued for a higher bond.

Magistrate Berding and Judge Peck could not be reached at the time of this report.

Union head: Courts 'dropping the ball'

Cincinnati police union president Dan Hils told The Enquirer there have been many cases in which low bonds or "inadequate sentences" have allowed violent people to continue causes harm.

"It's quite destructive to what the police department is trying to do with bringing down gun violence," Hils said.

He said police are targeting high crime areas and working to get guns off the street.

"The other side of the justice system, the courts, the jails and prisons, are dropping the ball," Hils said. "Collectively they have blood on their hands. I'm not just talking about this case."

As for the prosecutors who can argue for higher bonds, Hils said he would like to hear from Hamilton County Prosecutor Joe Deters, who the union endorsed, about what's happening with bonds.

Attorney: OR was appropriate

Lawyer Derek Gustafson, who is representing Harris in both cases, said the earlier bond was appropriate.

"He was driving somebody else's motor vehicle," Gustafson said. "I have no information from any source that he was aware that the firearm was there. Based on those facts, I think an OR bond is appropriate."

Gustafson said his client is young and nothing on his record would prevent him from possessing a firearm.

He said his client has told investigators he was not the aggressor in the Westwood shooting on Saturday.

"My client has given a statement to police that he shot in self-defense," Gustafson said.

Harris was shot twice during the incident, once in the arm and once in the leg, his lawyer said. Harris believes, based on the size of the wounds, that the bullets were two different calibers suggesting at least two people were firing at him, Gustafson said.

Gustafson said he does not know if the bullets his client fired were the ones who struck any of the other victims.

OR bonds not unusual

In the past 30 days in Hamilton County, 22 people have been charged with the exact charges in Harris's April case: carry concealed weapons and improperly handling weapons in a vehicle. Those who were charged with those charges and additional charges were not counted.

Of those 22 people, eight were released on OR bonds, eight had bonds of $5,000 and below (of which they had to pay 10%), one had to pay 10% of $10,000 and one had to pay 10% of $15,000.

The remaining four people had a bond of $20,000 of which they had to pay 10%.

In other words, no one facing the exact charges Harris faced was required to pay more than $2,000 upfront to secure their release from jail to await trial.

Two other incidents since December

There have been two recent cases in which men who were out on bond have been charged with killing people.

In December, Jaeron Pope was arrested in the death of Darious Dickey. About 10 months earlier, he had been arrested in connection with a separate shooting and was released from jail after posting 10% of a $75,000 bond.

Carl Godfrey faces multiple murder charges in a killing spree in late January and early February involving several other people. When those killings occurred, he was out on bond after posting $200,000 on cases related to two 2019 shootings.

Harris is now being held at the Hamilton County Justice Center on a $1 million bond awaiting trial. His grand jury is expected to report on his case next week.