They let scumbags like this out of jail AND want to take away our right to defend ourselves……. Sheeeeeeeesssssssshhhhh!

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Man killed in suspected burglary was out on bail Jonathan Malmay
waited
months in jail, faced seven felony charges 08/19/01
By DAVID HOLDEN
Times Staff Writer [email protected]

The man who was shot and killed in a suspected burglary last week had
seven felony charges pending for grand jury investigations.

So why was he not in jail at the time? Jonathan Lee Malmay, 21, had
spent six months in the Madison County Jail before making bail in
June.
He had been out nine weeks when he was killed Thursday by Dr. Lewis
McCurdy Jr., a local veterinarian.

That Malmay, of 174 George Bird Road in Owens Cross Roads, was not
behind bars Thursday despite the felony charges is hardly unusual,
according to police and Malmay’s court-appointed attorney. That’s how
the system works.

”I’ve seen some burglary cases that go two years before there is an
indictment by a grand jury,” said Mickey Brantley, an investigator
with
the Huntsville Police Department.

Huntsville police considered Malmay a suspect in a number of
burglaries.
One, of a home in southeast Huntsville on New Year’s Day, involved
three
suspects. A police dog tracked down two, one of them a juvenile, but
the
search continued for a man who escaped.

WAFF-TV Channel 48 later broadcast a re-enactment of the burglary in a
Crime Stoppers segment. After seeing the broadcast, Malmay surrendered
to Huntsville police Jan. 18.

”We ended up solving 80 burglary and theft cases after he turned
himself in,” said Brantley, coordinator of the Crime Stoppers
program.
”We also recovered $21,000 in stolen merchandise.”

Malmay was transferred to the Madison County Jail and spent six months
there before he raised the $32,000 for bail. He was released June 3.

When Malmay was arrested in January, Huntsville police immediately
charged him with three felonies: breaking and entering an automobile,
third-degree burglary and first-degree theft of property.

On Jan. 29 and 30, sheriff’s investigators tacked on three more felony
charges: third-degree burglary, first-degree theft and first-degree
receiving stolen property.

A conviction on any of these charges would have sent Malmay to prison
for 10 years.

In all six charges, Malmay waived his right to a hearing. The next
step
was a grand jury investigation to determine if he should stand trial
on
the charges.

On June 8, five days after he was released from jail, Huntsville
police
charged Malmay with another felony: third-degree burglary. It’s
unclear
from court records when that burglary took place. Police were looking
for Malmay on a pending warrant, said investigator Jerry Trew.

Robert B. Tuten, Malmay’s court-appointed attorney, said the cases
were
proceeding about as well as could be expected.

”To have time elapse during an ongoing investigation is not
necessarily
a big thing,”
Tuten said. ”It’s not unusual for the police or the DA to hold back
the
more recent cases so they can develop the older ones.”

Tuten said he had been talking with prosecutors about settling the
pending felony charges against Malmay. Tuten said he had already
settled
some misdemeanor charges against Malmay with the city and the county.

Then came the events of last week.

The home of John and Elizabeth Koisch on Dug Hill Road was broken into
Wednesday. Madison County sheriff’s investigators said Malmay was a
suspect in that burglary.

On Thursday morning, McCurdy confronted a man walking out the front
door
of the Koisches’ home, he told sheriff’s investigators. McCurdy, who
lives nearby, is Elizabeth Koisch’s father.

McCurdy said the man, later identified as Malmay, got in his car and
tried to run over him. McCurdy fired at least one shot, fatally
wounding
Malmay.

Sheriff Joe Whisante said Thursday that tire marks in the grass
suggested the driver had tried to leave at a high speed. Investigators
also said they found a weapon in Malmay’s car.

A grand jury will review the shooting to determine if criminal charges
should be filed against McCurdy. That’s standard practice in such
situations.

? The Huntsville Times. Used with permission.

http://www.robertwaters.net