Expert: Robin Sexton - 7/14/2009

Question
Hi, my brother was recently indicted and is currently awaiting trial on an alleged rape case.He is out on bond.However since his release, the alleged "victim"'S family has been harrassing him almost on a daily basis.They drive by his home and flip him off as well as yelling voulgar things at him.They have even followed him to a local bar and gotten in his face to try and take pictures of him.In the most recent incident he called the police to complain and upon showing up they witnessed the harrasment and confronted these women. While the officers are talking to these women,an uncle of the alleged victim(whom is also my bros. neighbor)came out with a gun and shop at my brother and missed.The police heard the shot and proceeded back to my brothers house to investigate.This man admitted to shooting but said he shot up in the air.The police claimed that because my brother couldn't prove that he shot at him and that because he should of just ignored these women in the first place that they couldn't charge this man with anything more than disorderly conduct.However because my brother was understandably upset he got arrested too and now the D.A. wants to revoke his bond. Is this legal?

Answer
Patricia,

I am truly sorry for the situation your brother is in.  You ask if this is legal.  I am not exactly sure which part of your question you are addressing.  I will assume it is the revocation of bond.  It appears that your brother legitimately got upset over the police handling of the gun shot.  I can't respond to specific cases as i do not have all the information including your states specific laws.  The DA can request revocation for bond for any specific reason that violates bond conditions.  The fact that he was arrested is a specific reason that violates bond conditions.  Now is the arrest warranted ?  That is a question that would be decided by a court.  I don't know what the officers would testify to as the reason for the arrest. I think the situation would be explanation for his outburst.  Does it justify ? I can not respond to that.  Situations of sexual assault bring out the worst in people.  People tend to take the situations into their own hands and can really cause problems.  It is important for police to be sensitive to both sides ( your brother has not been convicted).  They should take a strong position into acts against your brother if for no other reason then it creates more work for the police.  Ego's, emotions and prejudging get in the way of peoples thought process and makes these situation potentially very volatile.  In my area the uncle would have been arrested and the weapon seized.
The request to revoke bond is legal, the judge makes the decision.  your brothers attorney should address the court with the case facts.

Sorry i can't be more specific, Good luck

robin