Mulroy files emergency appeal after judge lets barricade suspect out of jail
Nov 21, 2024
MEMPHIS, Tenn. — Shelby County District Attorney Steve Mulroy has appealed a controversial decision by a judge to release a suspect charged with violent crimes out of jail.
Thursday, the Shelby County District Attorney’s Office filed a writ of certiorari, an emergency appeal, in response to Shelby County General Sessions Judge Bill Anderson's decision Tuesday to release Christopher Smith to the VA Hospital for mental evaluation without bond.
Smith is charged with three counts of attempted first-degree murder after a 12-hour standoff with police.
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Multiple officers were shot at during the overnight standoff, which caused $60,000 in damage.
Mulroy says his office argued against the release because of public safety concerns.
"This is a man who shot at three police officers and did a 12-hour standoff. We respect the court's decision but strongly disagree with it. And we're appealing that decision, as is our right to do so," Mulroy said.
Christopher Smith (SCSO)
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Mulroy said this is the third time recently that his office has filed a writ after the release of a suspect by Judge Anderson. He said the practice is rare.
The previous cases were for Tyreese Earnest, the alleged shooter in an ambush against FedEx co-workers, and Detawn Gunn, who is accused of a shooting that injured several people at Railgarten.
“We have serious concerns about public safety in these cases and believe it’s important that these defendants be held in custody until their case resolves,” said DA Mulroy. “We respect the authority of the court and appreciate that this appeal procedure is not to be used routinely every time we disagree with a court’s bail decision. But in my view, these two cases are exceptional and warrant an appeal.”
We talked to Mulroy at Frayser Exchange Club's weekly community meeting, where a room packed with residents was waiting to hear from Mulroy as this week's special guest.
"I want to hear the concerns of the community, you know, wherever they are, and also get my message out so that we understand exactly what it is that the DA's office does and doesn't do."
Mulroy was clear: His office does not set bail.
"This is a decision made by the judges, not us. So that's part of the problem," he said.
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In Smith's case, Mulroy clarified that his office filed the appeal before backlash from state Sen. Brent Taylor. Mulroy said he's not going to respond to any and every politician on this issue.
"The decisions that I make and my office makes on cases like Christopher Smith are made on the facts and the law, and they are made independent of any political pressure. So it's not the politicians out there who are talking. It's our office that's doing and we're the ones that are making those decisions based on the facts and the law," Mulroy said. "That's what we've been doing since day one, and that's what we'll continue to do."
As for what is next, Mulroy said they are appealing the judge's decision up to the criminal court.
Anderson spoke with WREG following Gunn's ROR release in September, saying local courts are under a bail agreement with the ACLU and advocacy group Just City.
“I’ve been doing this job for almost 15 years. I know what I’m doing and I follow the law,” Anderson said at the time.