ST. LOUIS — City police have begun an internal investigation into the release of a domestic assault suspect earlier this month before charges were filed against him by prosecutors, Interim Public Safety Director Dan Isom said Monday.
Also Monday, at a hearing set $20,000 cash bail for the suspect, Mac Payne, 36, who had been rearrested Friday, and allowed him to post 10% of that to secure his release. Court records indicated he did so later Monday.
Another judge, in issuing an arrest order Jan. 5, had ordered that Payne be held without chance of bail.
Isom, in an online news conference, said Payne’s release earlier this month by police at the city’s main jail downtown was a “poor decision†and an “aberration.â€
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He also said that people suspected of violent crimes continue to be jailed even if they test positive for COVID-19 and that there had not been a recent change in policy as alleged by Jane Dueker, an attorney for the city police union.
Isom’s statements were the first public comments by a city official on the release of Payne.
According to a probable cause statement filed by police, the female victim in the case said Payne pushed and struck her and threw a pot of hot soup on her, resulting in burns and missing skin.
Dueker has said in media interviews and on social media that the suspect was released after being held at the jail for just three hours after testing positive for the coronavirus even though prosecutors had indicated they would charge him and seek a no-bail order.
A person requesting anonymity who was familiar with the incident has confirmed Dueker’s account.
Dueker on Monday accused Isom of trying to shift the blame for Payne’s initial release to police officers from policy set by “the leadership of the police department and the jail†and Mayor Tishaura O. Jones.
Isom didn’t comment on whether the man had tested positive for COVID-19, saying a detainee’s medical status is protected private information. But Payne’s lawyer, Melinda Gorman, confirmed that at the court hearing Monday.
Isom also didn’t say whether Circuit Attorney Kimberly M. Gardner’s office had asked that Payne be held as it prepared the criminal charges, as Dueker has alleged. A spokeswoman for Gardner has declined to comment.
“It is currently under investigation who made that decision and the reason why they made that decision,†Isom said of Payne’s release Jan. 4. He also said “we will make sure there’s accountability in this matter†and “how this poor decision came to be.â€
A criminal complaint was issued Jan. 4 by Gardner’s office against Payne accusing him of two felony counts of domestic assault; Dueker said it was issued after his release.
The next day, followed up with an order barring Payne from being released on bond, but at that point, he no longer was in custody. Roither’s order said he was a potential danger to the victim, the community or another person.
Alleged victim opposed release
On Monday, Payne’s attorney, Gorman, convinced Judge Llewellyn to allow bail. Under the order, Payne would have around-the-clock GPS monitoring, house arrest and will have to maintain employment and steer clear of the victim’s home.
Payne entered pleas of not guilty Monday to the charges of second-degree and third-degree domestic assault.
At the hearing, Assistant Circuit Attorney Jonathan Phipps, in arguing against bail, expressed concern about a potential escalation of violence between Payne and the woman.
The woman spoke in court Monday, saying Payne “is a danger to me and my child that this happened in front of.â€
“I have anxiety,†she said. “I have issues that I have to deal with and he’s exacerbated other medical conditions due to what he did to me on January 4th.â€
Gorman, Payne’s lawyer, said Payne has no felony record and would live with his brother while awaiting trial. Gorman said that despite the state’s argument that the charges against Payne are serious, “the evidence would show that the complaining witness did not receive medical treatment†and “did not go to the hospital for these alleged injuries.â€
Gorman also said that after Payne’s release from jail earlier this month, the couple exchanged custody of their child peacefully “with no problems between the two of them.â€
Gorman said in addition to testing positive for COVID-19, Payne is “mostly deaf in both ears†and suffers from diabetes, “making him a poor fit for confinement.â€
Payne has worked as a full-time construction worker for the past 18 months, earning a $42,000 salary, Gorman said.
After the hearing, the woman paced in the lobby of the Carnahan Courthouse with tears falling down her cheeks.
“They let that (expletive) out,†she said.
She declined further comment to a reporter.
Jail policy
Isom asserted that the city corrections division doesn’t decide whether someone is held or released.
“This is the job of the police, judge and prosecutors,†he said.
He also said “there has been no change in policy that suggests we should release violent offenders because of COVID†positive tests.
Dueker released a copy of a police department memo regarding prisoner processing, dated Jan. 12, that says when people taken to the jail test positive for COVID, police officers are told to ask their supervisor how to proceed.
The memo said the supervisor may have the person arrested “medically released†or may decide that he or she should be held. The person arrested is then taken to a hospital where it is determined whether they are “fit for confinement.â€
While at the hospital, the memo said, the police chief needs to contact the corrections commissioner to receive approval to house the person arrested in the downtown jail.
Updated at 7 p.m. Monday, Jan. 24.