Sheriff says suspect in cyclist's traffic injury may face more charges.
Published: Thursday, March 11, 2010 at 12:02 a.m.
Last Modified: Thursday, March 11, 2010 at 12:02 a.m.
Last Modified: Thursday, March 11, 2010 at 12:02 a.m.
BARTOW | A lost sticky note was to blame in the release of a "habitual traffic offender" on $7,000 bail instead of $75,000, according to an internal review by the Polk County Sheriff's Office on Wednesday.
Michael S. Waters Photo
Provided by the Polk County Sheriff''s Office
Norman Shepherd in intensive care unit at Lakeland Regional Medical Center Sunday in Lakeland. Mr Shepherd was hit by a van driven by Michael Waters while riding his bicycle outside of Lake Alfred Saturday morning. March 9th 2010. Photo supplied by Family.
Following an accident Saturday morning near Lake Alfred, Michael S. Waters, 28, of Polk City was charged with driving on a suspended license, leaving the scene of a crash involving serious bodily injury and possession of a firearm by a convicted felon.
The wreck hospitalized 42-year-old Winter Haven bicyclist Norman Shepherd.
Sheriff Grady Judd said the error in the bail was a regrettable "human mistake."
But Shepherd's family members are still upset.
Deputies investigating the crash assured Shepherd's family Waters bail would be set high.
They asked Circuit Judge J. David Langford to assign a $25,000 bail amount for each of the three charges, which he approved.
"This judicial authorization was communicated by phone to the deputy who transported Waters to the Polk County Jail," according to sheriff's reports.
"Upon delivering (Waters) to the jail, the receiving clerk added and attached a separate 'sticky note' to the arrest affidavit packet so that jail staff responsible for applying the normal bond schedule to the charges would know to set a higher bond amount."
But the note fell off the affidavit. The standard bail was set. And Waters used Bartow-based Bail Advantage to post the $7,000 bail amount before the mistake was found.
Norman Shepherd remained in critical condition Wednesday at Lakeland Regional Medical Center, although he was improving slowly, family members said.
His lung remains collapsed, bones are broken and scrapes remain. But Shepherd is talking more and can now open both of his eyes.
"He doesn't remember the accident, but he is aware of it," said Barron Shepherd, Norman's brother. "And he knows that (Waters) was released."
While improvements in Norman's condition are positive, the mistake about Waters' increased bail made family members angry.
"They dropped the ball," Barron Shepherd said. "They (the deputies) did not do what they looked us in the eye and told us they were going to do. That gave us comfort. But that sense of security and comfort is gone."
Judd said deputies would call the family to explain the situation.
"I apologize we disappointed the family and didn't get the higher bond because of a paperwork mistake," he said. "But it still doesn't change the fact that he (Waters) was identified and arrested quickly. This doesn't lessen his criminal culpability. He still has to answer to those charges. And we have additional charges under investigation."
Judd said the deputies didn't break agency policy by not attaching the note in another way.
"They made a mistake trying to go above and beyond," Judd said. "They weren't obligated to do that. But I understand the family's frustration. If one of my loved ones would have been run over, I would have wanted him to get the death penalty."
Judd said corrective measures are being taken internally to ensure the mistake isn't repeated.
Waters may face additional charges depending on the results of blood and urine tests taken at the scene of Saturday's accident. The results could take several weeks to receive.
If additional charges are filed, Waters would be returned to jail and a new bail would be set.
"It's not like he is getting out of something," Judd said. "None of us wanted to disappoint them."
[ Jeremy Maready can be reached at jeremy.maready@theledger.com or 863-802-7592. ]
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