Questionable bond

Murder case’s handling perplexes

With all the hubbub about jail overcrowding and how some advocates for criminal justice reforms call for releasing more people from jail prior to their trials, a case sometimes arises that still begs the question: “Why is this person not in jail?”

Murder is often one of the crimes that might prompt such a question.

It’s vital to recognize an arrest is not a conviction and every defendant deserves an opportunity to present a defense against the evidence prosecutors put forward to justify a criminal charge. But the system also isn’t designed to treat every defendant the same. Someone accused of breaking into cars deserves different treatment than someone suspected of a homicide.

Most of the different treatment takes the form of bond, an amount of money established by a judge that is designed to ensure a freed defendant will show up for future court dates, including trial. The amount depends to some degree on the severity of the crime. A judge can also factor into his or her decision the likelihood a defendant will fail to appear for future hearings. Another factor is whether the person poses any ongoing threat to public safety.

Once bond is paid — by the defendant or a bail bondsman — the person is freed and often remains so until trial, as long as the court is satisfied the defendant isn’t committing new crimes and is abiding by any conditions. If a defendant doesn’t show up for a hearing, he may forfeit the bond to the state of Arkansas and, typically, a new arrest warrant is issued.

As with so much in the judicial system, bond amounts and even whether to set one is a judgment call. Thus, opinions may differ on what best serves the ends of justice.

This review of bonding practices arises, for us, as a result of a case in Washington County. Jason Dunigan of Farmington stands accused of capital murder in the death of his wife, 36-year-old Amber Dunigan, on May 28, 2021. If convicted of that charge, he faces the death penalty or life in prison without parole.

Authorities say Jason Dunigan notified them he’d found his wife’s body inside a car on Arkansas 16 west of Farmington in a spot he’d earlier called her to because he was having car trouble. After she arrived, Dunigan told police, he eventually drove home, but became worried when Amber didn’t arrive at home. After she didn’t respond to calls, Dunigan drove with his parents to the spot where he’d last seen her. That’s where police responded and discovered she’d been shot in the head.

Prosecutors have presented evidence that, they say, points to Jason Dunigan as his wife’s killer and a scenario in which, if true, he laid a trap for her. The case also involves payment of a $300,000 life insurance policy and Jason Dunigan’s supposed romantic involvement with a live-in babysitter, who police say confirmed an affair between her and Jason Dunigan.

The most recent news in the case was a delay until July in Dunigan’s trial. His attorneys have raised a defense involving mental disease or defect, which requires an examination at the Arkansas State Hospital. Prosecuting Attorney Matt Durrett told the court the hospital is backed up and cannot examine Dunigan until April.

Meanwhile, he’s free on $250,000 bond set by Circuit Judge Terra Stephenson on Feb. 19, 2022, the day Dunigan was arrested. The prosecuting attorney’s office had asked the judge not to set bail so Dunigan could be kept incarcerated. Instead, Dunigan paid the bond after less than seven hours in the county jail.

It’s not often we delve into opinions about an unresolved case in the courts, but bonding and effective use of jail space have certainly been at the forefront of public policy discussions in Washington County and beyond.

So, here we have a man who stands accused of a most vicious and violent crime, who faces the death penalty or life in prison (if convicted) and whose own attorneys assert may suffer from a mental disease or defect that could be a factor in the crime.

We have a hard time believing the judicial system has taken public safety into account in this case.