09.17.09

Defendant held without bond in Wal-Mart incident

Posted in Uncategorized at 10:41 pm by Kimbrell & Burgar, LLC

This incident was the source of great controversy here in Atlanta. Please note the defendant is being held without bond and that it is unlikely this will be rectified anytime soon. Whatever your opinion on the underlying act, this should be a reminder to everyone of the broad power of law enforcement.

No bond set for accused child slapper
By Mashaun D. Simon

The Atlanta Journal-Constitution

With no bond, the man accused of slapping a stranger’s 2-year-old child in a Stone Mountain Wal-Mart remains in jail.

Arrested on Sept. 2, Stephens, 61, is charged with felony cruelty to children, according to Gwinnett County sheriff spokeswoman Stacey Bourbannais.

Roger Stephens’ court appointed lawyer, Kelley Kautz, considers this a good thing.

However, Kautz said he has not yet been formally charged. And with no bond, the district attorney has 90 days to hold Stephens’ court appearance, she said.

Although Kautz would not say what would happen should the 90-day deadline pass with no action from the district attorney, she did say she preferred Stephens not have a bond.

“It is better than having a bond, not being able to pay it, and he sit in jail for six to eight months,” she said. “Gwinnett has been known to take that long.”

Stephens was walking the aisles of the Wal-Mart on Rockbridge Road on Sept. 2, when, according to a police report, he approached the mother of the 2-year-old child and said “if you don’t shut that baby up, I will shut her up for you.”

A few moments later, in another aisle, Stephens grabbed the 2-year-old girl and slapped her across the face four or five times, police said. The victim sustained slight redness to the face.

K&B, llc

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