A state appeals panel has ruled that a Christian County judge improperly ordered a man to be held in jail after he was charged with attacking his father, and allegedly threatened to kill his father while in front of police.
The appeals court said the pretrial detention was not allowed because the charge under which he had been arrested was not a detainable offense under the state's so-called SAFE-T Act criminal justice reform law.
According to court documents, on March 5, Challans was charged by prosecutors with one count of aggravated assault, classified by the state as a Class A misdemeanor, after Challans allegedly attacked his 70-year-old father, claiming his father was withholding Social Security disability payments from him.
The Christian County State's Attorney's office then brought to the judge a petition to keep Challans in jail while he awaits trial, saying Challans "posed a real and present threat to the safety" of the community.
According to court documents, the petition included a police report noting that Challans has "an extensive history" of alleged violence against his father, "complaining that he had not received his money" from his father, who is designated as the payee for Challans' Social Security benefits.
The police report and prosecutors allegedly confirmed that the father had not withheld the money from Challans.
"Officers had previously witnessed the defendant yell and threaten to kill (his father) on numerous occasions," according to the appellate decision.
According to the appellate decision, Challans had been arrested for criminal damage to his father's home and "was currently suspected of attempting to burn down (his father's) house."
When officers investigated the most recent incident at his father's house, police said Challans "screamed and threatened to kill (his father) to get his money," specifically stating he "would kill (his father) with a knife."
According to the appellate decision, Challans had twice been involuntarily admitted for mental health evaluations, but had been released from the hospital "after about a week."
The Christian County judge agreed with the state that Challans should be detained in jail pending trial, but declined to "increase or enhance charges" against him.
Challans appealed, arguing he was illegally detained under the SAFE-T Act, as the charge against him was not included on the list of charges for which such pretrial jailing was allowed.
Prosecutors argued the law should not be read so literally, arguing the purpose of the law "is to allow the circuit court to be proactive when determining dangerousness." They further argued "to require the State to recharge the defendant with detainable offense would not be that the legislature intended."
On appeal, however, the justices sided with Challans, saying the charge is all that matters in this case.
"The State suggests that the defendant is eligible for detention because he could have been charged with attempted aggravated stalking or attempted domestic battery, which are charges listed in (the SAFE-T Act's list of detainable offenses,) and the defendant's dangerousness warrants detention," the justices wrote. "However, in this case, the defendant was not charged with either offense, but rather was charged with aggravated assault...
"The legislature did not include language that allows for the possibility of a charge, e.g., 'could be charged with.' We cannot read any additional, permissible language into the Code," the justices said.
They reversed the Christian County judge's ruling, and sent the case back to her court "for hearing to address the defendant's pretrial release."
The decision was authored by Justice Judy Lynn Cates. Justices Thomas M. Welch and Amy Sholar concurred in the decision.