Court: Bail bondsmen not above the law
By Olivia NeeleyTimes Staff Writer
The North Carolina Court of Appeals ruled Tuesday that bail bondsmen aren’t exempt from traffic laws in order to make an arrest.
A Wayne County jury found 38-year-old Michael Kevin McGee guilty of involuntary manslaughter in February 2013, after his fiancee was killed in a crash along Salem Church Road near Goldsboro. McGee, a bail bondsmen, was speeding between 80 and 100 mph while he was pursing a man who failed to appear in court.
McGee’s argument on appeal included that a bail bondsman may violate North Carolina motor vehicle laws when arresting a suspect. But a three-judge appellant panel unanimously disagreed in upholding the conviction saying the trial judge did not err in instructing the jury.
"Defendant was not authorized to operate his motor vehicle at a speed greater than was reasonable and prudent under the existing conditions because of his status as a bail bondsman,” Court of Appeals Judge Sanford L. Steelman Jr. wrote for the appellate panel. "The trial court’s instruction to the jury did not lessen the state’s burden of showing that defendant’s violation of North Carolina motor vehicle laws was intentional, willful, wanton or reckless.”
In August 2010, McGee called 911 and told law enforcement he was pursing a person who failed to appear in court. McGee’s fiancee was also in the car.
McGee was speeding in excess of 30 to 55 mph above the posted speed limit on Salem Church Road, which is 45 mph.
The suspect passed another driver in a zone marked with a double yellow line along the two-lane highway. McGee attempted to do the same while chasing the suspect but lost control of his vehicle at a curve and sent the couple down an embankment. McGee’s fiancee, Anecia Neal, was trapped inside the car with serious injuries. She was transported to Wayne Memorial Hospital where she later died.
McGee was convicted of involuntary manslaughter in February 2013. He was sentenced to 13 to 16 months in prison, which were suspended. He was placed on supervised probation for three years. The court imposed a three-month term of special probation in the Department of Adult Correction as an intermediate sanction.
"North Carolina common law has long recognized that a bail bondsman has sweeping powers to apprehend a principal and may use such force as is reasonably necessary in that process,” Steelman wrote. "This right of apprehension, however, is limited and does not give a bail bondsman unlimited powers.”
Steelman wrote that the General Assembly has created specific exemptions to motor vehicle laws pertaining to speed for police, fire and emergency service vehicles.
"There is no similar statutory provision that exempts a bail bondsman from complying with applicable speed limits when pursing a principal,” he continued.
McGee had also argued on appeal that a bail bondsman may use "reasonable means,” including speeding to arrest a suspect. The panel of judges also disagreed with this argument as well.
" ... a bail bondsman is like any other citizen in that he or she must follow the state motor vehicle laws,” Steelman wrote. "If the General Assembly had intended to exempt bail bondsmen from complying with applicable speed limits when pursuing a fugitive, it could have easily included such a provision ....”
He also wrote that it’s not the courts role to create exceptions to the motor vehicle laws enacted by the General Assembly. The judges also noted that McGee appears to have violated "several other motor vehicle safety statutes as well.”
"Speed restrictions have been enacted ‘for the protection of persons and property and in the interest of public safety, and the preservation of human life,’” Steelman wrote.
He also wrote that while a specific statute exempts police officers from speed laws when pursuing someone who has violated the law, even that exemption does not apply to those driving ‘”carelessly and heedlessly, in willful or wanton disregard of the rights or safety of others, or without due circumspection and at a speed or in any manner so as to endanger or be likely to endanger any person or property.’”
Steelman wrote that "just as the bail bondsmen cannot enter the homes of third parties without their consent, a bail bondsmen pursuing a principal upon the highways of this state cannot engage in conduct that endangers the lives or property of third parties. Third parties have a right to expect that others using the public roads, including bail bondsmen, will follow the laws set forth ...”
Judges ruled that the trial court’s jury instruction were proper.
"Defendant’s arguments are without merit,” Steelman wrote. Judges Linda M. McGee and Sam Ervin IV joined Steelman’s written opinion. The court’s decision in the McGee case is a published opinion.
olivia@wilsontimes.com | 265-7879
