OXFORD – Ray Shoemaker did not violate conditions of his pre-trial release, Senior Judge Neal Biggers said today, after nearly three hours testimony in federal court.
Shoemaker, a Tupelo businessman, was set for immediate release from the Lafayette County Detention Center.
Steve Farese Sr. said the judge heard the evidence and made the right decision.
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OXFORD - Senior Judge Neal Biggers says he will rule in the next 15 minutes whether Tupelo businessman Ray Shoemaker will remain in jail.
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OXFORD – Ray Shoemaker was arrested April 4 after an argument with a female employee, who wanted to break off a brief relationship, witnesses testified in federal court today.
Senior Judge Neal B. Biggers Jr. called for a 10-minute break about 3:55 to allow Shoemaker’s attorneys time to decide if they will call any witnesses in a hearing they requested to get him out of jail.
Melissa Lindsey of Fulton told the court that on March 31 Shoemaker grabbed her and threw her belongings around her bedroom in a fit of anger over a belief she was “talking” to another man through cell-phone text message.
She also said she decided to break up with him after it became apparent the Tupelo businessman was not going to leave his wife.
Lindsey worked at Shoemaker's Atlanta Bar & Grill in downtown Tupelo.
Shoemaker was convicted March 2 on 10 counts in a nursing service kickback/bribery scheme while he was an executive with Tri-Lakes Medical Center in Batesville.
He faces up to 145 years in prison and a $5-million fine, when he is sentenced in a few months.
Today’s hearing, though, relates to his arrest shortly after the jury verdict. He is accused of threatening a deputy marshal while the two of them were in the U.S. District courthouse in Oxford while the trial was in its final stages.
April 4, Biggers ordered Shoemaker’s arrest, although the reason why was not made public. The Tupelo businessman has been held in the Lafayette County Detention Center ever since.
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Senior U.S. District Judge Neal B. Biggers Jr. presides.
Shoemaker, wearing an orange jail jumpsuit, is represented by Steve Farese Sr. of Ashland. Government represented by Charles Spillers.
(The following is a running account of today’s court hearing in Oxford. Please excuse the typos and glitches likely as I type as fast as I can.)
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BIGGERS: Says today’s hearing is to consider Shoemaker’s request to be released from jail. Petition by Probation Office, asking court revoke the bond of defendant, Ray Shoemaker,for violation of terms of the pre-trial services. Do you contest it?
FARESE: We do, your honor.
SPILLERS: Ready to proceed.
BIGGERS: I’ve got a copy of petition ... see terms of bond release listed. Actually, two offenses, I suppose, both relevant to this one bond - bond he’s under conviction of health care fraud act, and for alleged assault on U.S. Attorney’s employee. Which is it at this time.
SPILLERS: Violated conviction release and second time on bond.
BIGGERS: He hasn’t been tried or convicted on either of these? One is a magistrate case and other is Tupelo case?
SPILLERS: He hasn’t been charged but had a hearing before Judge Sanders.
BIGGERS: What today?
SPILLERS: We have testimony to back up.
BIGGERS: Pertaining to both charges? Assault and also as to Lee County?
SPILLERS: Yes, but in Itawamba County.
FARESE: Petition filed lists only allegations that we know as Itawamba County. Lists only as violations. We’re prepared to do, to refute allegations concerning this assault. Ms. Lindsey is here. I think she would be best to testify that she was in fear, rather than an agent.
SPILLERS: CALL AGENT SHANNON
FARESE: Asks all witnesses in courtroom to be excused (invoke The Rule.)
SHANNON: (Spillers questions) Shannon Wright, Oxford FBI agent. On March 31, info about supervisory release ... on March 31, called that Shoemaker had been in an altercation with Miss Melissa Lindsey. Contacted Fulton PD and Itawamba. Fulton PD asked to check on her. They attempted to lcoate her at her home. Unable to find her at home.
Follow-up ... I spoke with Miss Lindsey later that week. Interviewed friends. Why? Got info that she was not at work on Monday, probably would not be so willing to speak with us if she had her children with her. Friends? Had info about LIndsey. Interviewed friend on April 5. Friend, Susan Neighbors.
FARESE: Objection, hearsay. (Judge - this is double-hearsay. In this kind of proceedings, court will hear some. Wait to see how it goes.)
SHANNON: Talked to Neighbors Nabors. She said that Lindsey contacted her Saturday and said Shoemaker and they had gotten into an argument, he grabbed her arm, pulled her hair, slung things off the dresser, other things. What LIndsey told her. (Did Nabors say she was?) Said she was upset and crying. (Told her over phone.)
FARESE: Objection, it’s her interpretation. (Yes, double-hearsay.)
SHANNON: Nabors used to be employed by Shoemaker’s business since January 2012. He terminated her that Monday morning. Incident, mid-day Saturday. (Did Nabors also show text messages?) Yes, between Shoemaker and Nabors. (Reviewed them?) About why he terminated her. Briefly discussed incident with Lindsey, that he got emotional, that she was texting her ex-husband. About possibly getting her job back.
Wrote report of conversations. Attached copies of text messages. (Exhibit 1?) Report with Nabors and texts between Shoemaker and Nabors. (Ask exhibit, report, message be entered into evidence.)
SHANNON: (After interview of Nabors .. did she say how long friends with Lindsey?) Over 20 years. Interviewed Lindsey, Tuesday, April 3. Her and her husband in Tupelo. (When interviewed, did she sign statement of what happened?) Yes, with Tupelo PD officer. (Exhibit 2, 3?) 2 is interview report with Lindsey. 3 is statement by TPD officer. In report, related details she told me. (Asks court to receive these.)
FARESE: Objection. (Court will receive, Biggers says.)
SHANNON: 3 - Lindsey’s statement. (Read into record?) On SaturdaY, RAY CAME OVER TO HOUSE. DIDN’T KNOW HE WAS COMING. I WAS IN SHOWER. HE USED KEY FROM OUTSIDE. ACCUSED ME OF TEXTING SOMEONE BEHIND HIS BACK. HE GRABBED ME. Son came in. I told him to leave or I’d get trooper. Ray sent texts to apologize. I took pix with cell phone of mess he made. April 3, 2012. (Did Lindsey give you photos?) Yes, she did. (Exhibit 4, 5?) 4 and 5 - pictures of someone’s bedroom, clothes on floor. 5 - part of floor with bag turned upside down. From Lindsey.
FARESE: Continuing objections on that type of information. (Biggers - yes, received.)
SHANNON: (Did she describe her relationship with him?) They had been dating since December 2011. Some things happened with his wife and her. She decided to end the relationship. She planned to meet him later outside of town. He came over and entered with key outside. Altercation happened after that. (Did she express concerns about him?) She said she was afraid of him and didn’t want him around the children.
(Employment with him?) Employed with him at bar and grill in Tupelo - Atlanta Bar & Grill. (Think you said she said he threw things at her?) Yes sir. Perfume or body sprays. (She didn’t call police?) Yes, she did not. (About going to a trooper nearby? Why didn’t?) She was trying to get him to leave. (Why didn’t call police?) She was concerned about Shoemaker’s children, if he were arrested. (Also ask her if she had gotten texts from him?)
FARESE: OBJECT, to leading nature. (Overruled)
SHANNON: Asked her about texts. She said she deleted all of them. (After talking to Lindsey, did you follow up?) I did, Thursday, April 5. Officer from Miss. Bureau of Narcotics with me. (Lindsey said then?) We recapped what happened. She stated that Shoemaker came, got into arguemtn, grabbed her arm. shoved her to floor. (Without repeating?) She confirmed what said before. (As a result, did you later come across a receipt or record for flowers that Shoemaker sent it?) Yes sit.
(EXHIBIT 6) $450 AND A TIP FOR FLOWERS TO MS. LINDSEY. Date April 2, 2012. Flowers $480 total, with $30 tip.
SPILLERS; TENDER THE WITNESS.
FARESE to question now.
SHANNON: (Spillers asks for Exhibit 6 to be entered into record) (Farese asks her - same Shannon Wright as investigator during Shoemaker’s trial about Tri-Lakes?) Yes sir. (You said got call?) From someone who heard about it ... Susan Lemons, an employee of Mr. Shoemaker.
(LINDSEY never filed complaints?) Correct. (What you did was interview her and filled out a report of it. Also, caused a complaint to be filed?) With Probation Office? Yes sir. (Did you sign it?) No, I did not. (Who’s name is there?) Ms. Barefield. (Document says that according to Melissa Lindsey, defendant trespassed on her property, let himself into her home without her knowledge? Who said that?) Never alleged he was trespassing. (He had her permission and knew where key was kept?) Yes sir. (She didn’ tknow he was coming?) Correct.
SHANNON: (Ransacked her bedroom, caused Lindsey fear? Did she say that?) She said she was afraid of Ray Shoemaker. (That day?) She said she was afraid of him from the previous Saturday. (On that day, she was in fear?) Yes sir. (What date got written statment?) Tuesday, April 1. (Is this that statement? Exhibit 3?) Yes sir. (This is person who actually lived through event?) Yes sir. (Does she say in fear then or later from Shoemaker?) No, sir did not say in that statement, that someone else wrote for her. (She does not say it at all?) Correct.
(Does she say he pulled her hair?) No sir. (You were there?) Officers wrote it while we were talking. (You were there when she wrote it?) When she gave the statement. Saw it after she signed it. (Did you say she didn’t say she was afraid?) No, but it was in my notes. (That was coming from you, not her?) Correct. (Did she say anything in statement, that he grabbed me hard and shook me?) She said ... (Answer would be no?) Yes.
(Very person ... so what are your allegations that Shoemaker did to her?) Grabbed her, threw things off dresser, dumped things on door, threw things at her. (Anything in her statement about perfume bottle, statement thrown?) No. (So, in her statement... person who experienced it, what law was violated?) Suppose his grabbing her, throwing things... could be a state violation or domestic violations. (Did she grab her arms and say, just tell me the truth?) No. (Did she say, he put hands on her and said tell me the truth?) No. (Bruises on her arms?) No sir. (Did he leave when she told him to leave?) Yes sir. (So basically ... he was throwing a tantrum because he thought she was texting another man?) Possibly, yes. (Also, let’s talk about the trooper. You said she told him she was going to get the trooper?) Yes sir. (Remember her telling him that, you can either leave on own or I’ll get the trooper?) Yes sir. (In your notes anywhere?) Yes sir. (Did she say?) She said.
(What she said is in her own handwriting?) No, she read and signed it. (But you didn’t report anything else?) Yes. (You compiled notes into narrative statement, when?) Approximately next day or two. (Farese goes over to speak with Shoemaker. Ray points several things and gestures widely.) (Ms. Wright, not your job to mislead the court?) Yes sir. (Farese shows her a photo - Exhibit 4, that Lindsey provided it to you, said Shoemaker did that?) Yes sir. (What room is that?) She said that’s her bedroom. (But she didn’t SPECIFICALLY say Shoemaker DID NOT do that?) She said he dumped out a bag of clothes and took a picture of it. (Recorded where?) Nowhere.
(You asked Ms. Lindsey if she had bruises?) Yes. (She said no?) Correct. (No physical damage?) Correct. (Shoemaker left when she said to?) Yes. (He had her permission to be there?) She didn’t know he was coming. (Told he could use that key, come any time he wanted to?) She never told me that. (Never told you that?) (Tell you that today?) No sir. (Any other times you interviewed her?) NO sir. (Why did you receive the call from Ms. Lemons?) She had known Ray several years, says he acts in this fashion - erratic and belligerant. She was afraid he would come to her home like that. Had passed out on her couch before. (When interviewed Lemons, did you make a report?) Agent from HHS interviewed her. (Involving previous trial?) Yes (Related to Humphreys County?) Yes, charge still pending.
(Farese... we’re through.)
SPILLERS ASKS HER AGAIN ABOUT STATEMENT.
(BY LINDSEY, you said you talked to her directly how many times?) Three times, including today when she came by. (Did she confirm what Shoemaker did at her house?) Yes sir, she did. (That he grabbed her?) Yes. (Threw belongings on floor?) yes. (Knocked things off dresser?) Yes. (Threw things at her?) Yes. (Counsel asked about a key hidden for her house, that Shoemaker used. What happened to the key?) She changed the location of that key. (Photos of interior of the house, she took. Did she say about house?) That she wasn’t best in world, but showed what he did. (Things knocked off?) Yes.
(Counsel also asked about .. Susan Lemons told you about this initially. What did she say about him?) FARESE - ASKED AND ANSWERED. (JUDGE - SUSTAINED.)
SPILLERS - Nothing further.
Calls next witness.
ROSE BAREFIELD: (Role?) I have servedas his probation service officer. (On March 31?) Yes, under supervision. Did not say he’d had an altercation that day. (Petition for revocation of release... you filled it out?) Yes, correct. (Domestic violence, is that a violation of release?) FARESE - OBJECT, IRRELEVANT. (SUSTAINED)
(Would domestic violence constitute violation under terms of his release?) Yes. (On this report here, petition for revocation ... asked about trespass? Did you use that?) I was directed to use that word.
(FARESE - Directed by whom?) My superiors. (Do you have petition in front of you?) Yes. (Go through it - conditions with her. In this case, have any of those things occurred concerning Shoemaker?) No. (Nothing further, your honor.
(SPILLERS - asked about all these conditions under which apply to defendant. Would he ... conduct drug screens?) Yes. (FARESE - IRRELEVANT for this hearing. He can’t back-door it this way.)
(Judge - What is your objection?) Farese - at bottom of petition, we have been given no notice of anything other than bottom portion of page, that we’re contesting today. (Judge - I assume that with tone of question, there’s going to besomething about violation of drug screening? Is that it?) Spillers - concerns about prescription drug use. But it’s not in petition. Counsel went over each to make point of no violations. Clarify, there is a concern about abuse. Witness can talk about that concern. (Farese - did he violate any of those conditions, as it pertains to this act?)
(Judge - are we gettng to No. 5 - about unlawful substances?) Spillers - yes. Take about 30 seconds to make a point. (FArese - we understand no violation. But if he wants to make a proffer, court can give it whatever weight. No objection to that.) (Judge - you contend that a violation of drug use isn’t there. I’ll listen to the proffer.)
(Spillers - She was willing to testify, she interviewed Shoemaker and gave him drug screen, And wife. Wife told her that she has to hide prescription medications from him because he uses too much. Hides it at house. She found quantity of them, missing quantities, which caused her to have concerns about his abuse. During interview, Shoemaker with officer, became agitated with wife when she told this. We didn’t care to go into that until counsel made issues.) Farese - another bogus reason for going into it.
SPILLERS - Miss Lindsey is here. (Judge - prefer to hear it directly rather than double hearsay. Call her.)
LINDSEY: (PATSY - She’s a tall, dyed blond.) Lives in Itawamba County. Knows Ray. Worked for him at Atlanta Bar & Grill. In Tupelo. Started July 2011, met him in September. Relationship with him in December 2011. (Spillers - asks her about March 31 incident. Tell us what occurred and lay context for it.) Was getting ready to go meet him, to end our relationship. Meet him, hadn’t talked about where. (What brought about your decision?) Just the fact that he was still married. I thought he was going to stay with his wife. (Talked to his wife?) Yes. (To stay?) Seh recorded converstaon, she played it for me.
(On Saturday, March 31.) He came to my house. He was in the house, I was in the shower. I had told him where key was hidden, to let himself in. Didn’t expect him then. (After shower?) He had been looking at my phone, thought I was texting someone else, Got angry. (What made him think that?) There was a blank message on my phone. (Why would this be a conern?) He thought it was another man, I was talking to. (What happened?) We argued about that. I told him I wanted our relationship to be over. He got angry. We had a bit argument. (What did he do?) He grabbed me by the arms, asked me to tell him the truth if I ws talking to someone else or not. He broke somethings off my dresser, threw some things around. (Took photos?) I did.
(Spillers shows her photos. Recognize them?) Yes, pictures of my room. I took them after incident happened. A little after he left. (Why took photos?) Because my friend called, I was upset. Told her about the argument. Took pictures to show her. Susan Nabors. (Clothing on floor? You mentioned that you weren’t best housekeeper. He didn’t do all that?) Yes. Showed agent some specific items he emptied. (Exhibit 5 - what?) From my makeup bag. (From dresser?) Ray knocked them off. (From bathroom?) Ray knocked them off. (Told agent he threw things?) He threw a plastic of body spray. (Knocked things off dresser but he threw things?) OBJECT. OVERRULED
(Did you tell agents that he threw things?) I don’t recall. (Key let himself in on, after he came over that day, what did you do with it?) What did I do with it? I moved it. Because I didn’t want him to come back. (To him, say something about a state trooper?) If he didn’t leave, I would go to trooper’s house. (Did you leave to go there?) I walked out on porch but went back in. We talked some more and he agreed to leave. (Did you insist he leave?) Yes. (Exhibit 3 - what is that?) I do. Signed statement after interview. (Is it accurate?) It is. (Did you have concerns and express about Shoemaker?) What kind of concerns? (For children?) No. (Want them around them?) Not while he was still married.
(Heard from Shoemaker since then?) Yes. (Since he’s been in jail?) Yes. (Phone conversations since in jail?) Yes. Friendly conversations. (Trying to smooth this over?) OBJECTION - SUSTAINED. (See Shoemaker inc ourtroom?) Yes. (Shoemaker stands up.)
(OTHER DEFENSE ATTORNEY - Mike Heilman) (Exhibit 3 - statement. You said it was accurate?) Yes. (Have you reviewed it recently?) Actually before we came in today. (Did you put anywhere that Shoemaker threw anything at you?) No. (Want to go back over a few issues, facts ... March 31, did he trespass ... there without authority?) No. (What authority did he have?) I showed him where it was, if he wasnted to come in. (So, if somebody says he was trespassing, accurate?) Inaccurate.
(In petition for violation of release, reference to trespass. Incorrect?) Yes. (When Shoemaker at house that day and became angry toward you, did you fear for your safety?) No. (Were you afrraid he would hurt you?) No. (Was he ever violetn?) No. (When he grabbed your arms, did he squeeze and shaek you?) Did not shake me, no. (What did he say?) Trying to get me to admit I was talking to somebody else. (What did you tell him to do?) Let go. He let go, immediately. (Was he threatning you or made you afraid?) No.
(Photos - Exhibits 4-5. Clothes, did he put them there/) No. (Did he put any of stuff on floor?) The makeup bag. The black bag. (Did he knock it off dresser?) Actually it was in restroom and he emptied it out on floor. (Do you believe ... youve known him since September 2011 ... have you ever known him to be violent or dangerous?) No. (Do you believe today ... that he is violent?) No. (Any kind of threat to you?) No. (If relesed, would he be a threat?) No. (Why?) I don’ta believe he’s a violent person.
(Heilman - statement earlier about Shannon Wright, that she thought you told her Ray pulled your hair?) He was trying to hug me and tell me he was sorry, king of make up. I was really mad at time. We had already been throug this. I was upset and mad. I had put his hands through my hair, when I pushed him away, his hands got tangled. (When you walked onto porch and came back, what was your state of mind?) I was upset. I was mad at him. (How long to get over it?) A day or so, I guess. (Describe fear of him versus mad?) No. (Reactions, angry?) Yes.
(When told him to get out?) He wanted to talk and that’s when I said to leave or I’d go next door ... he decided he would call the cab to come back and get him. (Accurate that Shoemaker left before cab arrived?) Yes. (Because you told him to?) Yes.
SPILLERS - Counsel says he left immediately. Did you threatend to go get trooper?) I walked out of front door. (Then you came back and insisted he leave?) Yes. (Essentially you threw him out?) Before cab got there. (You said he was so mad, he couldn’t wait?) Actually, I force him out of my house. (Person you described as not violent, same one who dumped things on floor, knocked things off dresser, threw a bracelet and a bottle of spray perfumr?) Yes. (Same person, that you moved the key?) Right.
3:51 - Steps down. Spillers says that’s all.
FARESE: Can we hve 5 minutes to decide if we’re going to call any witnesses?
JUDGE - Want to hear from govt for first reason why signed this petition, that he assaulted? (Spillers - In magistrate court, Judge Sanders found there was probable cause of violation. That’s our position on that.)
FARESE: Sanders said that even though it was a close case .... JUDGE - WERE YOU WTHERE? Farese - I was, such a low threshold, he found probable cause.
10 minute recess.
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4:06 - Heilman calls Vickie Webb to the witness stand.
WEBB - (PATSY - Middle-aged woman.) (Heilman questions) From Holly Springs. Work for RaY SHOEMAKER, RURAL HEALTHCARE DEVELOPERS. (Impact on RCD with Ray not being there?) Really placed us in a difficult situation. WE have four hospitals, sevearl other companies. Mr. Shoemaker has always been very hands on. His being removed from day to day operation places us in difficulty. In a hospice system, we have 346 employees. Additionally, another 125 in another facility. Probably 50 more. And we’re doing payroll for all those companies. A lot of our banking transactions have been impeded or impossible because we don’t have Mr. Shoemaker there. Placing a lot of people in jeopardy.
We have a facility in Tennessee, in process of trying to sell it. There are ... wehave a mgt company working with the hospital and we’re trying to get all the paper work signed, documents for sale. We’re not able to do that. (Transaction is in jeopardy?) It is. (Are employees’ for patient care at jeopardy?) We have some accounts we cam move money to, but one facility, we an’t move money to it. Trying desperately to get it accomplished before the payroll. (Issues, need Shoemaker?) Yes. (
SPILLERS - (What do you do for Shoemaker?)
I am corporate director of Human Resources. With company almost since inception March 2007. (Say one facility, can’t move money to?) It’s Shoemaker’s only person on the account. (Has anyone been in touch with him at jail to sign documents for you or someone else to have signature authority?) Bank says he must appear in person. (Can’t bring notarized form to him?) My understanding. (Haven’t talked directly to bank?) No. (Mr. Shoemaker was involve din a trial here for two weeks. During that, could you do your job?) Yes. (During that time, was payroll being met?) It was. (March 2, found guilty - what has he done to arrange transition or succession?) Well, we were in process of trying to make some transition when he was arrested. So, we haven’t gotten to that point.
(Other than being in process, what else done since found guilty?) I’m sure there were things done, but I don’t sit at the right hand at all times, can’t say. (Assuming he goes to prison for a number of years, how will company run?) I think that’s to be determined, was in process when he was arrested. (Who would make that decision?) Mr. Shoemaker. (All of you waiting for him to a make a decision?) Yes. (Ones he’d make on vacation or in Tupelo or in jail?) Not entirely, no.
4:13 - Heilman calls next witness.
ELSTON C. KEMP - Minister, pastor. Knows Ray Shoemaker. About three years. He fellowships with me, my family. Me, my family fellowship with him. (Spent time with him since trial?) Yes sir. During trial, every day. Usually call him, pick him up for lunch, take him home. (Since trial, seen him ever conduct himself in a way to pose a threat to anyone?) No sir. (Threatened anybody, attacked anybody?) No sir. (Believe he is a threat to community or others?) Not at all. (Visit him in jail?) Yes sir. (Same as then?) No sir. He’s still Ray. (Your experience with him, poses any threat?) No sir.
SPILLERS - (you’ve been with him discussing personal affairs?) Yes sir. (KNow his wife?) Yes. (Discuss their relationship?) Yes. (Know his girlfriend Melissa Lindsey?) Know of her, haven’t talked to her. (With Shoemaker when he went to her house?) No sir.
HEILMAN - affidavit by Ray Shoemaker.
JUDGE - IS THAT IT? Very well. What is affidavit? By his wife? (Yes sir, Heilman says.) Court will be in recess for 15 minutes, then rule.
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4:45 - Biggers returns to courtroom.
JUDGE - Court reviewed testimony, documents. Probation Office filed a petition to revoke Shoemaker’s pre-trial release. Already been a trial. Technically, he’s awaiting sentencing on bond. But conditions were arrived at and set before trial. They were continued by this court as same after trial. So, technically, same conditions under which ...still in effect. And after hearing testimony, court does not find that within conditions were violated. There is a condition that evidentally a potential violation. But to report to his probation officer certain events involving altercation. But Barefield asked if it was reported. He’s not required to report any altercation, a lover’s quarrel, conditions state ... if in contact with law enforcement.
Mrs. Webb... no, Mrs. Lindsey did not make any report or complaint. Also, she testified that she was never really afraid, at her house. Also testified that he did not trespass, that would be a violation. She’s owner of property, has right to decide. He did throw some things around, by her testimony, but it doesn’t rise to the level this court will consider keeping man in jail.
Also, court has looked into defendant’s conditions of supervision concerning his #6 condition, submit to testing by office to determine if using a prohibited substance. Random alcohol testing. That has been clean tests. Also, been tested random for using drugs, those tests have been negative. So, based on all these considerations, the court denies the petition to revoke bond and court will warn... seem mighty dumb, to go out to a girlfriend’s house and throw things around. Just adds to trouble. She could go and file charges. Based on these conditions, this evidence, conditions will be continued with srict warning to defendant, I don’t want to get into this anything similar ... defendant is very lucky today. that Mrs. Lindsey did not file charges. She could have. Misdemeanor conviction is all it would take. Defendant still has complaints against him - assault on law enforcement officer. Not here to explain about probable cause.
So, court in recess. Will enter an order tonight.
4:53 p.m. - Shoemaker to be released immediately from jail.
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