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1 suspect in killing free on $100,000 bail
Barrow is son of state lawmaker
- <LI class=bold>By KIMBERLY VETTER <LI class=italic>Advocate staff writer
- Published: Jun 21, 2008 - Page: 1A - UPDATED: 12:20 a.m.
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A man booked in the murder of a church musician posted a $100,000 bond and was released from Parish Prison on Friday while a second man booked in the killing remains in custody.
The bond on the second man is $250,000. Different judges set the bonds for Michael Smith Jr., who remains in custody, and James G. Barrow, the son of State Rep. Regina A. Barrow, D-Baton Rouge.
At the request of Barrow’s father and grandmothers, state District Judge Janice Clark, who primarily handles a civil docket, set Barrow’s bond, court records provided by the judge show.
Clark said she considers Barrow to be a minimal flight risk, according to court records.
State Rep. Regina Barrow says in a statement released Friday that her family is “convinced of (Barrow’s) innocence” but could not comment about the specifics of the case.
“At one time or another, every family encounters a stormy season. Sadly, our family is currently encountering one of those seasons,” the statement says.
“I, my husband, and entire family would like to extend our deepest sympathy and most heartfelt prayers to the family and friends of Brent Cole,” the statement says.
Commissioner John Smart and state District Judge Todd Hernandez set Smith’s bond, said Tracey Barbera, first assistant district attorney.
Hernandez was the judge on criminal court duty at the time of Barrow and Smith’s bookings.
Although any judge can set a bond, Hernandez said Friday, normally the duty judge handles it. If another judge wants to step in, they usually contact the judge who is on duty, he added.
Hernandez said he did not know Barrow and Smith had been booked until Friday morning when a staff member told him Barrow’s bond had been set.
Clark did not respond to a message left at her office late Friday asking why she did not contact Hernandez before setting Barrow’s bond. Before the message was left, Clark provided The Advocate with a copy of the court order that fixed Barrow’s bond.
In addition to posting bond, Clark also ordered that he remain on house arrest via a Street Crimes Alternatives tracking device. He must also submit to random drug and alcohol tests, and hold a full-time job or enroll in school.
The house arrest would allow Barrow to go to school or work, the order says. Both the service for the house arrest, and the drug and alcohol tests will be paid for by Barrow.
Tony Lawrence, Smith’s attorney, said in a Friday telephone interview he plans to request a bond reduction hearing.
“He doesn’t have that kind of money,” Lawrence said of Smith’s $250,000 bond. “Very few people do.”
Barrow, 21, 6512 Vineyard Drive, and Smith, 20, 2882 Saratoga Drive, surrendered to authorities Thursday in the shooting death of Cole, police have said.
Cole, a 39-year-old DeQuincy man who traveled to Baton Rouge to play bass guitar at First Pentecostal Church, was shot at and chased on March 15 while driving along Goodwood and Independence boulevards, police have said.
He was found fatally injured in his car on Goodwood Boulevard at Lobdell Avenue.
Police spokesman Cpl. L’Jean McKneely said Thursday police do not believe Cole knew Barrow and Smith. The shooting, McKneely said, might have been the result of road rage.
Barrow and Smith were booked on one count each of principal to second-degree murder and illegal use of a weapon after police traced calls made to and from a cell phone found at the crime scene.
The men were not booked on second-degree murder because police do not know who pulled the trigger, McNeely said. However, Smith and Barrow still face mandatory life sentences if convicted of principal to second-degree murder.
Barrow and Smith have been in trouble with the law before, according to East Baton Rouge Parish court records.
Before his most recent arrest, Barrow was due in court on July 23 on a charge of simple burglary of an inhabited dwelling, court records say.
Barrow was arrested last year for allegedly beating a man with a baseball bat, pointing a gun at the man and telling him to get in the trunk of a car, arrest warrant say.
Smith was arrested in the same incident for allegedly luring the man to his house. A warrant says Smith told the man he wanted to buy some stereo equipment from him.
Smith was booked on a count each of principal to aggravated battery and principal to second-degree kidnapping, the warrants say.
Barrow was booked on one count each of aggravated battery, attempted second-degree kidnapping and theft of a firearm.
Clark’s name appears on two orders to fix an appearance bond for Barrow in that incident.
Smith also has been convicted of a misdemeanor drug charge and has been arrested on a count of possession of marijuana and a count of possessing a firearm with a controlled dangerous substance, court records say.
Barrow is due in court Tuesday to determine whether his appearance bond should be modified in the case regarding Cole’s murder.
Advocate staff writer Koran Addo contributed to this report.
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