Bond in murder case reduced

SAN MARCOS — Following a bond reduction hearing on Tuesday, Aug. 22 in the case against Jaquell Desean Ray, 18, of Buda, Judge Tanner Neidhardt granted the defense’s motion to set bond at a total of $100,000 for charges of first-degree murder and delivery of a controlled substance to a minor, a second-degree felony.

Ray was previously being held on a $550,000 bond in relation to the fentanyl death of a 15-year-old Lehman High School student, identified simply as “C.D.” during the hearing, in April.

The defendant shuffled into the courtroom, shackled at the wrists and ankles. As both the prosecuting attorney, Sean Szlachtowski, and defense counsel, Todd Dudley, questioned Hays County Sheriff’s Office Deputy Adam Krugar — one of the lead investigators on the case against Ray — and presented their arguments to Judge Neidhardt, the defendant, clad in a dark blue jumpsuit, stared down at his hands.

The crux of Dudley’s argument was the very strength and merit of the murder and delivery charges.

In Deputy Krugar’s testimony, he revealed that Ray had no contact with the deceased to the best of his knowledge.

In reference to an April 10 text conversation between the defendant and another witness, referred to as “A.B.” due to his status as a minor, Kruger testified to evidence of an alleged drug deal arranged between Ray and the witness.

While the deceased accompanied “A.B.” to the pre-arranged site, Kruger admitted that there was no direct evidence on the surveillance tapes to suggest that Ray had knowledge of or interactions with “C.D.,” who was in the passenger seat.

Dudley suggested that “A.B.” was then essentially acting as a middleman, facilitating the alleged drug deal that would turn deadly for the 15-year-old high school student.

“I have no doubt [Ray] knew he was selling to multiple kids,” Krugar, a 15-year law enforcement veteran who has been involved in five to 10 fentanyl-related arrests in the past six months, countered. “You’re splitting hairs here.”

The defense then asked the deputy why “A.B.” was not arrested for allegedly providing the deceased with the drug, to which prosecutor Szlachtowski objected. The objection was sustained.

Krugar then confirmed that “A.B.” was never charged with a crime in relation to the incident.

“I wanted to know what was going on and get his assurance and cooperation [that] he was truthful with me,” he said. “So no one else gets hurt.”

Szlachtowski then examined the HCSO deputy, inquiring about the state of the fentanyl crisis in Hays County.

“School started last week and we’re already seeing an uptick,” he said. “We’re seeing it in schools again.”

The prosecution suggested the danger posed to the youth of the community should Ray be released on bond. He also asked Krugar whether it was common, to his knowledge, for drug dealers to sell to one point of contact acting as a middleman or to multiple single users.

“The dealer is going to try to limit his contact with as many people as possible. He’s not going to want to contact numerous people and strike up a deal because it’d be bad business,” Krugar responded, noting the unprecedented nature of fentanyl cases in Hays County and why the court should consider his status as an alleged drug dealer before granting lower bail. “Fentanyl cases have been like no other narcotics we’ve seen … It’s still affecting our kids, specifically, every single day.”

Upon cross-examination, Dudley made the argument that not all cases of drug deals involving fentanyl have resulted in death and that Ray should not be held legally responsible for another individual’s decision to give the victim a drug containing fentanyl.

“The only evidence that any actual delivery occurred to ‘C.D.’ was that ‘A.B.’ had given his friend [drugs]. So, if the delivery [charge] falls, then the murder [charge] falls,” defense counsel said in his closing argument. “The intervening factor was these kids decided to take these drugs … The officer testified that there are numerous deliveries in this county that don’t result in death. It’s a terrible tragedy all the way around … Delivery is not a clear and present threat to human life. I don’t think the murder charge has legs.”

In the prosecution’s closing argument, Szlacktowski argued that the case's merit should be decided by a jury and urged the judge to consider the safety of the youth of Hays County.

“Judge, the argument that Mr. Dudley just made is something for the jury to decide,” the prosecution stated. “We’re asking you to greatly consider the community of Hays County … I think you need to consider the nature of the offense and what’s going on and to protect the community … All those things are what need to be considered, not if a charge has significant legs.”

Before Judge Neidhardt issued his ruling on the matter of reducing bond, Dudley added, “The Eighth Amendment says bail should not be oppressive. I can’t think of anything more oppressive than holding a young man on charges that may not be very strong.”

Judge Neidhardt then lowered bail to $100,000 for both charges of murder and delivery of a controlled substance and set the following conditions should Ray be released on bond: have a GPS monitor; be under house arrest unless attending work; undergo random drug testing; and have no contact with anyone under the age of 18.

A pre-trial motion hearing is scheduled for 9 a.m. on Oct. 3.