$1 million bail set for driver in deaths

CLINTON — A state district judge set bail at $1 million Tuesday for the suspected drunken driver accused of vehicular homicide in the deaths of seven people in a May 30 head-on collision in East Feliciana Parish.

Brett G. Gerald, 30, had been jailed in the East Feliciana Parish Prison without bail since June 4.

Gerald, recovering from ankle injuries and seated in a wheelchair, appeared before 20th Judicial District Judge William G. Carmichael for Tuesday’s bail hearing on the seven counts of vehicular homicide that District Attorney Sam D’Aquilla filed Tuesday.

The judge said if Gerald is released on bail, he must live with his father, not drive a vehicle, not leave his father’s house except to go to church or to get medical treatment and be outfitted with an electronic monitoring device at his expense before he leaves prison.

Trips outside the house must be approved in advance, Carmichael said.

Gerald told the judge he lives alone and attends St. Isidore Catholic Church in Baker about twice a month.

Gerald’s arraignment on the charges, originally scheduled for Tuesday, was postponed until June 26 because Gerald did not have an attorney present.

Carmichael said he would revoke the bail “immediately” if he learns that Gerald violates one of the restrictions.

Gerald’s family did not attend the hearing.

State Police said Gerald, of Greensburg, drove his pickup into the wrong lane of La. 67 south of Clinton and crashed it head-on into a car occupied by seven Baton Rouge residents returning from Bible study in Clinton.

After the hearing, relatives of the victims expressed outrage that the judge set bail for Gerald.

“He shouldn’t have gotten bail. He should not be at home. My family is gone, but he will be at home with his family,” said Marcus Gaines, whose mother and five other relatives were killed in the crash.

Leonce “Skip” Malus III, coordinator of the state Mothers Against Drunk Driving court monitoring program, said it is hard for the relatives of victims killed in drunken-driving crashes to understand why the accused person is granted bail.

“Bail is part of the insurance that the person will appear in court,” Malus said, adding he thought the judge did the most that he could in this case to protect the safety of the community.

D’Aquilla said Carmichael was obligated by law to set bail. Vehicular homicide is not included in the list of “crimes of violence” outlined in state law under which bail before conviction can be denied, the district attorney said.

“I guess it goes to intent,” D’Aquilla said of the distinction.

State Police Senior Trooper Jeff Holley testified Tuesday that a State Police Crime Lab analysis of a sample of Gerald’s blood taken at Lane Memorial Hospital in Zachary showed Gerald’s blood-alcohol content was 0.15 percent.

In Louisiana, a blood-alcohol content of 0.08 percent is considered presumptive evidence of drunken driving.

Five people in the car died instantly in the collision: the driver, Brenda Gaines, 64; Denise Gaines, 33; Diamond Johnson, 12; Jyran Johnson, 6; and Angela Mosely, 36.

Gerald initially was booked at the East Feliciana Parish Prison on five counts of vehicular homicide, two counts of vehicular negligent injury and one count each of second-offense driving while intoxicated, reckless operation and driving left of center.

He was initially released on bail May 31 after his family posted a property bond of $256,000.

“I think he may have gotten home before I did,” Holley said of Gerald’s first jailing.

Holley re-arrested Gerald on June 4, booking him with a sixth count of vehicular homicide after Willie Gaines Jr., 15, was taken off life support at a Baton Rouge hospital on June 3.

Carmichael then ordered Gerald held without bail until Tuesday’s hearing.

The seventh victim of the collision, Rogerick Johnson Jr., 13, died Sunday at Children’s Hospital in New Orleans, State Police said.

Funeral services for six of the victims were held Friday, and a memorial service for Rogerick Johnson Jr. will be held at noon Wednesday at God’s Vineyard Baptist Church, 8486 Harry Drive, Baton Rouge.

A vehicular homicide conviction is punishable by prison terms of five to 30 years in addition to fines of between $2,000 and $15,000.

In Gerald’s case, because his blood-alcohol content was allegedly 0.15 percent and he had been convicted of driving while intoxicated in 2011, a conviction would require that he serve at least five years without benefit of probation, parole or suspension of the sentence, D’Aquilla said.

Carmichael told the defendant he faces more than 200 years in prison with the possibility of 35 years of it without parole or probation, or “almost a life sentence.”

“The evidence against you at this point seems substantial,” Carmichael remarked.

Joseph Matthews, Mosely’s father, also said Gerald should not have been granted the opportunity to be released on bail because the defendant “showed no remorse on his face.”

Matthews, of Clinton, also said Gerald’s trial should be moved from the parish.

Asked to elaborate, Matthews replied, “A lot of things go on (in Clinton). That’s all I’m going to say.”

Comments

1) Comment by katherinc - 17/09/2012

Elderly Man, I agree with everything you have said. About the bond, I feel it should be higher given the fact they have different bonds for different in this parish,discrimination. One black man accused of killing another on a $250,000, when the parent finally was able to make bail, the Judge upped it to $500,000. Another black man was accused of criminal trespass, a misdemeanor, his bond was $100,000. I was accused of felony theft for stopping pay on a check $7,574 to a bad unlicensed contractor from another state, during Katrina, no investigation by DA's office, or sheriff's. I had no prior criminal record, when I filed a complaint for false arrest, I was maliciously convicted, and remanded back to jail on a $25,000 bond, my conviction remains. There is a lot of discrimination, and corruption in this court. See my story. http://thechangetheworldmovement.com/2012/05/louisiana- justice-east-feliciana-parish/#comments See my son's story: http://freespeakblog.blogspot.com/2012/08/avoiding-teachers- sexual-overtures.html

2) Comment by BoiledCrabs - 16/06/2012

He's drove drunk before. He will drive drunk again, maybe while he's out on bond.

3) Comment by CountryBoysCanSurvive - 14/06/2012

After all of this, some of you still don't get the jest of bond. bond is to assure someones appearance in court it has nothing else to to with punishment.

4) Comment by RNB2122 - 13/06/2012

I understand that the driver that caused this crash was drunk and this wasn't his first time driving drunk. I certainly believe he should be punished accordingly. However, I've read multiple stories in the paper lately about people dying in car accidents and whether or not the victims were wearing a seatbelt is mentioned. It's not been mentioned in this case. What is mentioned is that there were SEVEN people in a CAR...I'm not aware of any CAR that is equipped with seven seatbelts. Obviously at least one of these people was not wearing a seatbelt. I see cars packed with adults and children not wearing their seatbelts too often. A seatbelt can save your life.

5) Comment by Elderly Man - 13/06/2012

I do not know what a fair sentence is in any case such as this case. Thirty-five years with a provision for some sort of parole after a certain number of years served might be appropriate. I personally believe he ought to serve a minimum of five years before any release. Ten years might make sense in view of some other recent sentencing. He does not have to go to Angola. The purpose of sentencing is to keep the rest of us off the road when we are intoxicated or otherwise impaired. I no longer drive because I feel that my skill declined. I do miss driving. Mr. Gerald is still young and he apparently is immature. Five years in prison is not overwhelming and ten would be hard but not over the top. That he appeared in court without an attorney indicates he does not comprehend his situation. He seems not to realise that he faces 210 years in prison!

6) Comment by Elderly Man - 13/06/2012

The bond is appropriate for this offense. What probably will happen is that Mr. Gerald will plea and receive concurrent sentences of some kind. That actually is normal and reasonable. He is not likely to get off with much if any less than five years. We cannot impose capital punishment in this sort of case because of the lack of intention to kill people. I believe that we do need to impose sanctions because of the disregard for the highly likely consequences to certain behaviours .\ DO NOT believe that Mr. Gerald is a monster or evil in the sense that serial killers are. The fact that some inmates do live productive and even fulfilling lives. We need to take care not to rule our responses to outrages such as this by our rage but with a desire to chance a vast societal disregard for dangerous behaviour. Think how frequently many folks drink "a few beers". That is in reality a binge. .

7) Comment by tradewinns - 13/06/2012

the horrible fact is a family has been almost totally wiped out by someone who has already had his opportunity to "reform". yes, the cost to incarcerate someone is high, but what else can you truly do? this type of behavior can not be overlooked or minimized. society will not allow capital punishment for this behavior which leaves prison as the existing punishment. when imprisoned, life should be harsh, not only for this incidence but all imprisonment. physical labor a minimum 12 hours a day, seven days a week, 365 days a year. if the only thing our failed legal system will allow is digging a ditch, then have half dig it and the other half fill it in. it would be the optimum solution to our crime problem if ex-cons would rather die than return to prison. allow them that "right"

8) Comment by CountryBoysCanSurvive - 13/06/2012

I think Mr. Gerald should spend the rest of his life in prison BUT BUT BUT....People you misunderstand the bond process ...Bond is NOT to inflict punishment, but rather to insure, the accused shows up for all court proceedings, it's as simple as that. Posting a ridiculously high bond, unless the accused is a flight risk, is rather uncalled for. Again I hope this man gets what he deserves but don't associate bond with his sentence, no matter how high or low the bond is, the fact remains the people he slaughtered is will still be dead at the end of the day.

9) Comment by Elderly Man - 12/06/2012

A vast network of probation officers, drug and alcohol counsellors, DWI school instructors, and other profiteers such as university professors of criminology and sociology thrive on income from criminal drunk drives. These people have stakes in continuing the illusion that probation, education, and therapy stop drunk driving. I concede that all these folks help reduce the crime but they do not stop it. We need zero tolerance for drinking and driving. Many factors militate against intolerance for intolerable behaviour and I understand these but we have to do better. WHEN A DRINKING DRIVER OBTAINS OUTRAGEOUSLY HIGH BLOOD ALCOHOL CONTENT AND THEN INVOLVES HIMSELF IN A CRASH THAT INJURIES OR KILLS OTHER, THAT IN AND OF ITSELF OUGHT TO BE GROUNDS FOR RESPONSIBILITY AND FOR THE IMPOSITION OF REASONABLE PENALTIES SUCH AS LONG TERMS OF IMPRISONMENT. Lock up this creep and then put his image on billboards and posters wherever we buy alcoholic intoxicants and make him the poster child for others who drink and drive.

10) Comment by Elderly Man - 12/06/2012

The man is not evil. You completely miss the point about Mr. Gerald. Of course, he did not intent to slaughter anyone but he made conscious decisions to engage in conduct that led to this reality. He is clearly a problem drinker. He drank. THEN he drove. He made no plans to have someone drive him. He consumed an enormous amount of intoxicants. The well known fact that other people engage in the same behaviour is the fundamental reason that society must hold Mr. Gerald accountable. Ideally, he ought never to be a free man a moment of the rest of his life. That is not going to happen, but his serving most of a 35-year term in prison is entirely reasonable and just. Stop defending him by comparing him to other criminals who drink and drive. He is not the focus of this; he no longer matters other than to bear the burden of paying for his disdain for life. Intention is important in law. Mr. Gerald intended not to take precaution when he celebrated his birthday.

11) Comment by zealer99 - 12/06/2012

He did not intentionally kill those people and tonight there will be a dozen other people with 10 miles or so of where that incident occurred, driving with sufficient alcohol content to be over the legal limit. So, as long as all of those people do not get into a fatal crash, they are ok but if they do get into a crash, they are suddenly evil? I understand that people who do not smoke don't do very well in AA/

12) Comment by Elderly Man - 12/06/2012

If convicted, Mr. Gerald needs a minimum sentence of 35 years and he ought to serve at least 20 years. //The bond is appropriate. Please stop making excuses and minimizing. Oddly, this is NOT about Mr. Gerald but about defining appropriate consequences to behaviour. // Alcoholism is not an excuse for this criminal conduct. Treatment is not a punishment but it also ought not be a penalty imposed by the State. //Ordering offenders to attend more than a few introductory open AA meeting is not appropriate. Those in recovery know that one cannot escape the consequences of conduct.

13) Comment by Elderly Man - 12/06/2012

One out of ten drinkers becomes alcoholic; for some of us, the percentage is higher. That is one serious issue, but never confuses that with intoxicated driving. The legal level is quite high. Impairment even for offenders with high tolerance is great at the .08-gram percent level. Mr. Gerald was much higher than that. We gave him chances to change his behaviour. He flaunted them. //I hope he takes part in recovery programs but he ought also to spend the rest of his life in prison as a warning that drinking demands limits.

14) Comment by Elderly Man - 12/06/2012

The result of what Mr. Gerald did and what Mr. Lee did are the same. Intention is not a factor. Mr. Gerald knew not to drink and drive. He did. He killed seven people. Case closed. Stop making excuses for Mr. Gerald and stop diminishing what he did. He is not a monster. Mr. Lee was. The results, however, are the same—violent, aimless, and completely avoidable death. That is what is crazy. Our tolerance of drinking driving and over sympathy for people like Mr. Gerald is crazy. Sooner of later, the state will execute Mr. Lee. Mr. Gerald will not be executed. He will probably serve, at the most, less than a decade in prison. I have great love for 12 Step Recovery Programs. I trained in substance abuse counselling, at one of the best schools for this in the world. We need to stop linking recovery with penalties for drinking and driving. //The recidivism rare for offenders is extraordinarily high. //I know of offenders who have had over 17 arrests for it. //We need zero tolerance of drinking and driving and absolutely no mercy for killers like Mr. Gerald.

15) Comment by uta1996 - 12/06/2012

Comparing Derrick Todd Lee and this guy is crazy. Our courts see the Lee case as murder and this case as vehicular homicide. If there wasn't so much press around this case he would be given about 5 years and released. Why, because the public does not see homicide and vehicular homicide as being of the same severity. Also, vehicular homicide revolves around neglect; homicide involves (depending on the degree) intent.

16) Comment by NewsReader - 12/06/2012

Elderly Man, I agree with much of what you state, but you seem to labor under the impression that once an alcoholic / dui offender, always an offender / drinker. To be brutally honest that's an insult to the many who have come to grips with their addiction and successfully battled it. I state this as someone who has been sober for 19 years 9 months and 7 days. But that being said, obviously some people aren't able to overcome it and that should not act as a pass for a just prison sentence. If someone were to go out this afternoon and shoot 7 people, that person would not be granted bail. Period. End of discussion. Our acceptance that alcohol and driving can be used as an excuse to lower punishment is pitiful.

17) Comment by ABayouBoy - 12/06/2012

$1,000,000 bail. Unless his family can come up with the percentage required, he will remain in jail. Just how do you rehabilitate an alcoholic? You don't unless they are determined to stop drinking themselves. The same as for someone who is addicted to drugs or tobacco. It takes willpower by the ton, and then you can't ever give in - not once, ever. Mind over addiction, period. I don't know what the answer is for someone in Gerald's position, with the fatalities involved. But, I do know that making it much more difficult and costly to maintain a drivers license after the 1st. DUI, may have an affect on peoples drinking and driving habits. I sincerely hope that Mr. Gerald has learned from this terrible experience.

18) Comment by Elderly Man - 12/06/2012

Work release does not work for drinking driving offenders. It does not stop their behaviour.

19) Comment by Elderly Man - 12/06/2012

No one lashes out in judgement of Mr. Gerald. He is a mass murderer. What he did is comparable to what to what Derrick Todd Lee did, except that what Mr. Gerald did was more violent than what Mr. Lee did. Drinking and driving are incompatible activities regardless how many people do it. Mr. Gerald had extremely high blood alcohol content when he killed his victims. His society had imposed minor penalties for his drinking and driving. That did not stop him. This is not about vengeance. It is not about the cost of prison. It is simply about a man standing up to the consequences of his behaviour. //If our society does not want to pay for medical and dental care, hot showers, or three meals a day while Mr. Gerald serves out his life confined or quarantined, then do not provide these benefits to him. //But do keep him away from the rest of us. Pretrial programs a a dismal failure for problem users. Misdemeanor courts cannot impose sanctions that work.

20) Comment by foldgers - 12/06/2012

ABayouLady, I know I said life in prison, but I also do not agree with life in prison, especially in this case. I would say something much more harsher, but then again... who am I? As far as your solution, it will never happen. I do like it and I think it should be 50% of earnings go to the family and the other 50% to the state to pay for all his expenses... bracelet, salaries for the guards at his prison, electricity in his prison and so on. BUT, the main problem I have with that solution is that this man would be performing a job that some other law abiding citizen would not be able to get because a killer had it. I say, forget the ACLU and throw them all on an island somewhere. The only expense... shipping them there. The thought of being stranded on an island with criminals all around with no security, TV, hot meals, fresh showers, dental care and so on would be scary enough to prevent people from doing these crimes in the first place... I would think..

21) Comment by ABayouLady - 12/06/2012

@NewsReader: Perhaps I wasn't clear, so I will clarify. What I had in mind was a work release situation where the inmate is allowed to leave for work and return by 6:00 pm for lockdown in his or her cell. All the while, they would wear the monitoring bracelet. As for drinking and driving, there are bracelets that also monitor that. I believe there are devices that can be attached to a car that require a breath test (0% alcohol) in order to start the engine. I'm simply offering a financial solution to an already heavy tax burden. The families of the victims have hospital bills, funeral expenses as well as other financial obligations that need to be repaid. By keeping Mr. Gerard and others just like him behind bars 24/7 for the rest of their life, we are keeping what little money could be regained out of the victim's and their family's hands. As I said before, make them work to earn their food and make them repay their debts.

22) Comment by NewsReader - 12/06/2012

BTW wasn't he already living with his parents when this took place? So why are we to believe they have any influence over this man's apparent trouble with substance abuse?

23) Comment by NewsReader - 12/06/2012

ABayouLady, the maximum amount anyone's wages can be garnished in this state is 25%. And why give him yet another chance in society. It's not like he wasn't given enough first dui's already. Do you honestly believe if let out he wouldn't drink or drive?

24) Comment by ABayouLady - 12/06/2012

Why should I (or you for that matter) as a working citizen and taxpayer supply Mr. Gerald with two hot meals per day, hot showers, an air conditioned or heated bunk, and medical/ dental care for the rest of his life? Most people have never stopped to tally the cost of a single inmate, much less an entire prison full. While the costs do vary from state to state, it is reasonable to say that the average inmate will cost around $32,000.00 per year. I know many Louisiana citizens who work hard and do not make that kind of money. These same working Louisiana citizens do not have health care or dental insurance. Yet here we are once again on a comment board lashing out in judgment. How about this alternative: Have Mr. Gerald and thousands of others just like him in a work release program. An electronic ankle monitoring device could be secured and they would be released at breakfast to go to work. They would only be allowed to keep 10% of their earnings, with another 10% withheld to pay for their meals. 80% could be given to the victims and their families. Think about it. What good does it do for anyone, including the victims or their families to just throw him in prison for life? I say that we should make them work for their bread, as well as pay restitution. But then, that's just my .02.

25) Comment by Elderly Man - 12/06/2012

Mr. Gerald is not evil. He simply slaughtered seven human beings violently and indifferently even though his society had given him many opportunities not to engage in his antisocial behaviour. Consuming high level of alcoholic beverages and driving is not acceptable. It is not normal conduct no matter whether other people drink and drive. We need to impose zero tolerance on drinking and driving, most certainly at the high level in which Mr. Gerald consumed intoxicants. I have nothing against this fellow, but we need to hold him accountable for the immense harm he causes. Two hundred years in prison is a reasonable consequence for what he did. Problem drinkers like him do not learn or change their behaviour even with substantial prison sentences. He needs to be taken out of society for the rest of his life. unfortunately, at best, he will receive a sentence of less than 30 years and not serve all of that. That is sad.

26) Comment by Elderly Man - 12/06/2012

Mr. Gerald is not evil. He simply slaughtered seven human beings violently and indifferently even though his society had given him many opportunities not to engage in his antisocial behaviour. Consuming high level of alcoholic beverages and driving is not acceptable. It is not normal conduct no matter whether other people drink and drive. We need to impose zero tolerance on drinking and driving, most certainly at the high level in which Mr. Gerald consumed intoxicants. I have nothing against this fellow, but we need to hold him accountable for the immense harm he causes. Two hundred years in prison is a reasonable consequence for what he did. Problem drinkers like him do not learn or change their behaviour even with substantial prison sentences. He need to be taken out of society for the rest of his life.

27) Comment by uta1996 - 12/06/2012

What makes this guy so evil? He is doing what so many other citizens of Louisiana do every day. Drinking and then getting behind the wheel.

28) Comment by foldgers - 12/06/2012

Agreed with you Brain on Steroids. He should be in jail. Only thing I am going to wait for now though is be ready for the protests and "leaders" coming here to put him back in jail. Oh, and btw, this guy should be in jail for the rest of his life with no chance of parole IMO.

29) Comment by Your Brain on Steroids - 12/06/2012

I totally agree with the family. There is no reason for bail and in fact this man should be charged with capital homicide for the deaths of 7 people. This is an abomination.