Case: 25CI1:17-cr-00167-TTG Document #: 27 Filed: 08/12/2020 Page 1 of 1

Case: 25CI1:17-cr-00167-TTG Document #: 26 Filed: 08/12/2020 Page 1 of 4

IN THE CIRCUIT COURT OF HINDS COUNTY, MISSISSIPPI

FIRST JUDICIAL DISTRICT

STATE OF MISSISSIPPI

VS. CAUSE NO. 17-0-167

19-5-044

MARCUS THOMPSON DEFENDANT

MOTION TO REVOKE AND DENY BOND

COMES NOW, the State of Mississippi, by and through the Office of the Hinds County

District Attorney, and respectfully moves this Court to revoke bail in these causes for Defendant,

Marcus Thompson, and enter a finding that said Defendant not be entitled to further bail pursuant

to Article 3 Section 29 (3) of the Mississippi Constitution.

The State would show unto the Court the following, to wit:

This Defendant was indicted on February 23, 2017 in cause numbers17-0-167, for Armed

Robbery and Armed Carjacking and on July 23, 2019, in cause number 19-5-44, for Simple

Assault on a LEO. On May 27, 2020, an Amended Order Bond Order was filed allowing

Defendant to be released on a fifty thousand dollar ($50,000) secured bond on both cases and to

be releases with GPS monitoring. (see attached “Exhibit 1”). On May 28, 2020, Defendant was

released on the bond posted by Al’s Bail bond. (see attached “Exhibit 2”).
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On Monday, August 10, 2020, Defendant was charged and arrested for two counts of

Aggravated Assault by Jackson Police Department in case number 2020-110505. (see attached

“Exhibits 3”).

The State requests that any prior bond granted in Cause Numbers 17-0-167 and 19-5-044

be immediately revoked, citing Article 3, section 29 (3) of the Mississippi Constitution of 1890,

having been charged and arrested with the new crime of Aggravated Assault, Jackson Police

Department case number 2020-110505, on August 10, 2020.

Mississippi Rules of Criminal Procedure, Rule 8.6 (c) sets forth the guidelines for cases

governed by Article 3, Section 29(2) of the Mississippi Constitution. In cases governed by

Article 3, section 29(2) of the Mississippi Constitution of 1890, on motion of the prosecuting

attorney or on the court’s own motion, a court having jurisdiction over the defendant should

revoke the defendant’s bail.

The comment to Rule 8.6 (Section (c) is in accordance with article 3, section 29(2) of the

Mississippi Constitution and governs situations where one previously admitted to bail for a

felony has been charged with a new felony offense punishable by more than five (5) years of

imprisonment. Upon finding probable cause for the new offense, either by the reviewing court or

another court with jurisdiction (such as the court in which the new charge has been filed), this

constitutional provision requires revocation of the prior bail and directs that the person will not

be admitted to further bail. See Dendy v. State, 931 So. 2d 608, 614-15 (Miss. Ct. App. 2005),

cert. denied, 933 So. 2d 303 (Miss. 2006).

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Further, Mississippi Rules of Criminal Procedure mandate certain conditions of release

that must be imposed by the releasing court. These are found in Rule 8.4(a), and there are four of

them, one being: (2) commit no crime.

The commission of the new crime of Aggravated Assault, Jackson Police Department

case number 2020-110505, committed subsequent to the crimes as charged in Cause Numbers

17-0-167 for Armed Robbery and Armed Carjacking and 19-5-044 for Simple Assault on a LEO,

is a new felony offense punishable by more than five (5) years of imprisonment.

Further, Article 3, section 29 (3) of the Mississippi Constitution of 1890 provides

additional safeguards by granting the circuit court judge to deny bail for such offenses when the

proof is evident or the presumption great upon making a determination that the release of the

persons arrested for such offense would constitute a special danger to any other person or to the

community.

In the case at hand, the State submits that Marcus Thompson, while having a bond and

awaiting a trial for having committed the crimes for Armed Robbery and Armed Carjacking in

Cause Number 17-0-167and Simple Assault on a LEO in Cause Number 19-5-044, has

committed a new crime of Aggravated Assault, Jackson Police Department case number 2020-

110505. Defendant meets the constitutional guidelines for this court to revoke bail in cause no.

17-0-167 and 19-5-044.

WHEREFORE, PREMISES CONSIDERED the State requests this Court revoke any

prior bail afforded Defendant in Cause Numbers 17-0-167 and 19-5-044 and order Defendant be

detained, without further bail, pending trial of Cause Numbers Cause Numbers 17-0-167 and 19-

5-044.
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RESPECTFULLY SUBMITTED this the 12th day of August, 2020.

STATE OF MISSISSIPPI

BY: /s/ TINA HERRON

Assistant District Attorney

Office of Hinds County District Attorney
407 East Pascagoula Street
P.O. Box 22747
Jackson, Mississippi
601-968-6568
therron@co.hinds.ms.us

CERTIFICATE OF SERVICE

Hinds County District Attorney’s Office does hereby certify that it has e-mailed a true
and correct copy of the State’s Motion to Deny Bond to Attorney to Carlos Tanner via email at
carlos.tanner@thetannerlawfirm.com and via service by Mississippi Electronic Courts.
This the 12th day of August, 2020.

/s/ TINA HERRON

Assistant District Attorney
Office of Hinds County District Attorney
407 East Pascagoula Street
P.O. Box 22747
Jackson, Mississippi
601-968-6568
therron@co.hinds.ms.us
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