Bad Publicity

If anyone sees an incorrect portrayal of the AZ incident in their local news, please send them a copy of the below article and request a retraction.



PROSECUTORS REJECT BOUNTY HUNTER CLAIMS
5 men indicted on first-degree murder charges in home attack
By Abraham Kwok
The Arizona Republic
Sept.14, 1997

The Ninja-dressed men who fatally shot a Phoenix couple last month were out to commit robbery, not to arrest a bail jumper, Maricopa County Attorney Rick Romley said Saturday as he announced first-degree murder charges against the five.

The men carried bounty-hunting paperwork to "legitimize" their Aug. 31 home-invasion mission - an intended shield against prosecution should something go awry, Romley said.

But, he said, "it was not a bounty-hunting mission as they said."

"That was a ruse, nothing more," Romley said.

Relatives of Christopher Foote, 25, and Spring Wright, 19, the slain couple, said Saturday they want the death penalty for the two shooters, identified by police as Michael Martin Sanders, a former informer, and David Bruce Brackney, a former prison guard.

"It's a small relief," Nora Foote, one of Christopher Foote's sisters-in-law, said of the murder charges. "Now, they may stay in prison longer. We're excited, thrilled by that."

But "it's a sad experience to lose a grandson who was 25," said Catherine Foote, 73.

"He should have lived to be as old as I am. In that regard, all this is still hard to take," she said.

The Footes also vowed to continue the fight for both state and federal legislation to curb the powers of bounty hunters, even though Romley said the men were not on a bounty mission.

The paperwork the men carried - an outdated document of a drunken-driving suspect who skipped on a $25,000 bond in California - complicated the case for police and prosecutors and placed the bounty-hunting industry under fire.

For weeks, Romley's office took hits from bail-bond company officials and defense lawyers who said that the bounty-hunting story was a cover and that the men were spared first-degree murder charges because of Sanders' work as a paid informer for the County Attorney's Office.

Bail-industry representatives were pleased with Romley's announcement that the story was indeed a guise.

"Thank God, thank God! The truth is finally surfacing," Helen Tapp of Empire-American Bail Bonds said Saturday. "You can't imagine how this has hurt all of us in the industry."

Romley said upgrading the charges from second-degree to first-degree murder was not a response to public pressure or worldwide coverage of the case.

The prosecutor said his office now has strong evidence to prove that the men intended to steal or rob the occupants of 5035 W. Windsor Ave. when they stormed in about 4 a.m. clad in black clothing and ski masks. He wouldn't disclose the evidence.

The men face first-degree murder because the deaths occurred during the commission of a felony. Prosecutors say the killings were not premeditated and that it's too early to determine whether they will seek the death penalty.

Sanders, Matthew William Brackney, Brian Jay Robbins and Ronald Eugene Timms each were being held on $1 million bail. The fifth man, David Brackney, Matthew's father, remained behind bars on a $2 million bond.

As they have since their arrest, on Saturday the five refused interview requests.

They also face charges of aggravated assault, unlawful imprisonment and burglary.

The charges were returned by a grand jury, which deliberated until Friday evening. The indictment superseded second-degree murder charges that Romley's office had initially filed and which he continued to defend Saturday.

"We had only 48 hours to file charges at the time, and the strongest evidence at that point allowed us to file murder two," he said. "I've said if there were new evidence to warrant murder one we'd go after it, and we've done that."

Days after the murders, police said they were "90 percent" certain the men were bounty hunters.

Romley declined to say whether the evidence to support the upgraded charges came from statements made by the defendants or from items seized. Police found $590 cash, guns, bloodstains and other evidence, according to search-warrant records released Friday.

"It's solid evidence, and we feel pretty confident that it will result in a conviction," Romley said without elaboration.

Lawyers for Timms and David Brackney said last week that their clients believed they were on a legitimate fugitive hunt Aug. 31. They maintained that Timms and Brackney identified themselves as bounty hunters before breaking into the house and that Brackney opened fire only after Foote shot first.

Several other residents were tied up and held hostage at gunpoint when the armed men tried to kick in the bedroom door of Foote and Wright, Phoenix police said.

Foote grabbed a gun and shot at the men, wounding Sanders and David Brackney in the arms before he and Wright were killed by a barrage of returned fire, police said.

Sanders and Brackney were wearing body armor at the time, authorities said. Sanders, an informer in a 1994 Wells Fargo armored car heist, has a lengthy criminal history that includes armed robbery, involvement in a burglary ring, and reputedly plotting a jailbreak. He shot a man in Tucson during a botched bounty-hunter raid.

Meanwhile, bail-industry representatives expressed relief. Said Linda Ownbey, assistant manager of Liberty Bail Bonds, "I've said all along that this is not the action of recovery agents - armed, ski-masked, crashing in unannounced in the middle of the night."

Ownbey and Tapp said the industry supports legislative efforts that would require licensing and background checks of bounty hunters.

"We want to get these wannabe, fly-by-night bounty hunters out of the country," Ownbey said

ion.

Does this site grounds for more regulation? I think it does. These states that do not require license or training should immediately put some sort of laws in place regulating recovery agents. I know that when I have run into issues where the police were called on site, as soon as I was able to show them credentials and recite what laws in Louisiana were governing my actions it was pretty much case closed. I just do not understand states that do not have any regulation. It is if nothing else a safety precaution for the "AGENT" as well as the defendant.

HI everyone!

I know the two fugitive recovery agents. both went though the training and have been in this field for about 7 years. I have heard both stores. It was a rubber round the hit the actor. both agents are good agents and I believe them both. We never know what life holds or if this will ever happen to use? all we can do is try to get better training, use our heads, and try not to F"""" up. I wish both agents good luck and pray for the family member that didn't make it.

HEY GUYS LETS WAIT UNTIL THE FINAL REPORT IS OUT ON WHAT COULD BE A JUSTIFIED SHOOTING-I HAVE BEEN INVOLVED IN THE SHOOTING OF 6 PEOPLE AS A COP-ALL WERE JUSTIFIED-ALL WERE IN DEFENSE OF MYSELF AND MY PARTNER
I HAVE BOTH SEEN AND HEARD MANY TIMES WHERE COPS DID THE SAME TYPE OF THING AND WERE FOUND TO BE JUSTIFIED IN THERE ACTIONS-IF ANY OF YOU KNOW THESE MEN INVOLVED GIVE THEM MY NAME AND NUMBER-I HAVE TESTIFIED MANY TIMES AS AN EXPERT WHITNESS ON THE USE OF DEADLY FORCE BY A POLICE OFFICER IN MANY DIFFERENT STATES-I OFFER MY SERVICE AT NO CHARGE TO THESE BEAS.
WHILE I DO UNDERSTAND THAT THIS TYPE OF PUBLICITY IS BAD WE MUST AS A GROUP BE READY TO PUBLICIZE AND CREAT A MASS CAMPAIGN OF GOOD PRESS IF THESE 2 BEAS ARE FOUND TO BE JUSTICIFED OR FOUND NOT GUILTY IN A COURT OF LAW

Well, I am not jumping to conclusions on the justifications of the shooting. I mean hell last year here in Shreveport two officers chased a guy for quite a while. He jumped out of his car, ran across a parking lot (this is around midnight, bad lighting) he turns back toward the officers and points a shiny abject at them. Naturally they shoot him and he dies. Turns out it was a cell phone. What were the cops supposed to do? I mean I guess they could have waited for the phone to ring and then they would have known, of course then they could have waited for the guy to shoot them and then they could have found out it was a gun. Two years, Al Sharpton, Louis Farakhan and numerous review boards the officers were finally found justified in the shooting.
But I do still think that every state should regulate Recovery Agents.

WHILE I AGREE BEA SHOULD BE REGULATED -THE STATES SHOULD HAVE NOTHING TO DO WITH REGULATION-REGULATION OR LICENSING SHOULD BE A FEDERAL ISSUE GIVING US ACCESS TO ALL 50 STATES AND ACCESS TO FEDERAL DATA BASES(THAT IS WHAT THE TAYLOR V TAINTOR MEANT TO DO-AN ADJUNCT TO A SMALL FEDERAL MARSHALLS FORCE)I KNOW IT IS PROBLEY JUST A PIPE DREAM BUT IN MY OPINION THAT IS THE WAY IT SHOULD BE

An update on this case: from KDKA

A Bail Bondsman surrendered to police and was charged with homicide in the shooting death of a fugitive.

Mark Smith, 37, of Pittsburgh, was charged Thursday in the death of Michael Robinson. Robinson, 38, formerly of Ross, died Dec. 23rd after being shot in the pelvis.

Michael DeRiso, Smith's attorney, said his client is upset that the charges were filed in the case. DeRiso has said in the past that Smith fired a rubber bullet at Robinson and didn't intend to kill him.

But Allegheny County Coroner Cyril Wecht found that the bullet slug recovered from Robinson's body was made of lead.

The judge has issued a gag order in the case.

I believe it was Oscar Wilde who said "Truth Mirrors Fiction."

For fans of the "Law & Order" television show, this is eerily similar to an episode where two bail enforcement agents entered the apartment of a fugitive, and killed the fugitive's sister, a friend and critically injured the fugitive after he supposedly brandished a weapon. Those watching the show were left with the impression the agents as well as the bondsman were one level above an ameoba as the judge, noting Taylor v. Taintor, begrudingly found no cause to bring the agents to trial.

I have to say, I don't know what I'd do if I were in that agent's shoes. I don't know what it would hurt to "wait-out" the fugitive for a few more minutes, hours or days to get him into the open and make a "clean" arrest.

I'm eager to hear what vetern BEA's have to say on this matter.

Jay L. Smith

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Oh lord! Whatever you do, do NOT call for more legislation! Are you crazy?!

What needs to be called for (and there are several members here who have already mentioned it) is nationally recognized licensing and training.

Asking for more legislation is like asking for more gun control laws... and if you know anything about how useless more gun control laws are then you know what I am talking about.

Everyone get's all bent out of shape whenever a bad story regarding a "bounty hunter" breaks... while I realize the publicity is bad, Police Departments commit more mistakes and attrocities in a week then bounty hunters do in months, or even years.

The fact is that some simple basic training requirements and national licensing, coupled with some type of Licensing Agency to review any actions as well as conduct would solve a lot of these issues.

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-The Solution-
Indiana Agency #: PI20700211
Indiana Notary Public - Exp: 12/20/13

"Be without fear in the face of your enemies. Be brave and upright that God may love thee. Speak the truth always, even if it leads to your death. Safeguard the helpless and do no wrong. That is your oath."
- Kingdom of Heaven

I wholeheartedly agree!!