Defendant avoids jail by fulfilling order to pay fine

SUPERIOR COURT

When a Jones County defendant walked out of Superior Court in March pledging to return in two months with $5,000 to stay out of jail, the odds did not seem to be in his favor.

Andrew Robert Hall was back in court to enter his guilty plea May 16 with the $5,000 in cash.

Superior Court Judge Terry Massey accepted the negotiated plea agreement with the state. Hall pled guilty to the offense of fleeing or attempting to elude a police officer and was sentenced to two years in confinement. However, the prison time was suspended upon payment of $5,000 to the Jones County Clerk of Court.

Clark also agreed to forfeit all items seized at the time of his arrest.

The defendant laughed nervously as Massey pronounced sentence during the May 16 proceeding, signed his plea and quickly left the courtroom.

The negotiated plea was the result of a roller coaster ride that began in May of 2020.

Jones County Sheriff’s Office Sgt. Kasey Carr was monitoring traffic on Highway 49 near Griswoldville Road May 17, 2020, when he saw a silver Infinity with extremely tinted windows pass in front of him. Carr stated in his report that, when he attempted a traffic stop, the vehicle sped away.

The sergeant said he pursued the Infinity but backed off when the speeds through a residential neighborhood became excessive. The deputy said he was leaving the area when he was flagged down by residents who told him the Infinity had turned down a dead-end street.

Carr located the car sitting at the end of the street and spoke to the passenger still inside. The passenger told him the driver ran into the woods and gave him the suspect’s name. He confirmed that information through papers found in the car.

A check of Hall through dispatch revealed the driver’s license was suspended. The driver was not located, but Carr secured a warrant for felony fleeing and attempting to elude and citations for the traffic violations.

Hall avoided arrest until Jan. 15, 2022.

Due to a backed-up trial calendar, Hall’s trial did not come up until March of this year.

During a March 25 calendar call, two days before the trial was to begin, Hall fired his public defender who had prepared for the trial. That left him with the option of hiring an attorney or defending himself at trial.

Assistant District Attorney Cara Fiore was the prosecutor for the case. She said Hall had been offered a negotiated plea of one year in confinement or a $3,500 fine, but he declined the offer.

A jury was selected for the trial March 25 and reported for duty at 1:30 p.m. March 27.

When Massey asked Hall if he was prepared for trial, the defendant said he had not been able to hire an attorney.

The judge told Hall that firing his public defender made him ineligible for another.

Massey explained, if Hall represented himself and was found guilty, the maximum sentence he was facing was seven years in confinement. He also had the option of paying a $5,000 fine.

Hall told the court he could get $2,000 that afternoon but could not come up with the rest.

Fiore said the original offer was no longer on the table. She said the defendant’s options were to represent himself at trial or enter a guilty plea. The offer now on the table was two years confinement for the felony charge or pay a $5,000 fine. The defendant was obviously distraught, and public defender Tom O’Donnell appeared to be trying to lobby on his behalf despite being fired.

While this was going on in the courtroom, jury members were waiting in the other room for the trial to begin.

Fiore left the courtroom to have a discussion with District Attorney Wright Barksdale and returned with another option. She said if Hall entered a guilty plea to the felony charge of fleeing or attempting to elude, the two misdemeanor charges would be dismissed.

The sentence would be two years in confinement or a $5,000 fine. The defendant would be required to return to court May 16 with the $5,000 or be prepared to enter confinement.

Fiore said the sentence had to be under the law at the time of the 2020 offense, which allowed the cash payment in lieu of confinement. She said also under that statute, if Hall was sentenced to confinement, it would be served in full.

Hall eagerly agreed to the plea offer and said he would have no problem raising the money by May 16.

Hall was allowed to leave. The jury was thanked for their patience and dismissed.