Court Lowers Bail for Man Accused of Murder, Says $1.5M Unlawful, Meant to Keep Him in Jail

The Ohio Supreme Court upheld a decision that lowered the $1.5 million bond set for a man accused of murder to $500,000.

Justin DuBose, 26, is one of three men charged in connection to the July 2020 killing of Shawn Green during an alleged robbery in Colerain Township, the Cincinnati Enquirer reported.

Police accused the men of breaking into a home and shooting Green, who died from his injuries the following day. The family of Green said he was killed one week before his 22nd birthday, according to WCPO-TV.

The Ohio Supreme Court had been tasked with determining whether the initial $1.5 million bond ordered by a trial court judge in November 2020 was too steep. Prosecutors had asked for that amount, but DuBose filed to have it lowered, citing his limited financial resources and lack of a felony record from the past, per the Enquirer.

The state Supreme Court had been divided on the issue, with one dissenting justice arguing that deciding to lower the bond would make Ohio "less safe." Ultimately it ruled 4-3 in favor of the lower court's earlier decision.

The court majority said in its opinion that the higher $1.5 million bond unlawfully tried to make it so DuBose couldn't secure his release as he awaits trial.

Ohio Court Upholds Decision
The Ohio Supreme Court upheld a decision that lowered the $1.5 million bond set for a man accused of murder down to $500,000. The court was divided on the issue, but they ultimately ruled 4-3 in favor of a lower court’s earlier decision. A judge's gavel rests on top of a desk on February 3, 2009. Joe Raedle/Getty Images

The victim's grandmother testified that the family would feel unsafe if the suspect were released on bail, and authorities said the suspect presented a false ID when confronted after fleeing to Las Vegas, according to court records describing arguments in favor of a higher bond.

The state Supreme Court said neither detail was relevant to what bail amount was necessary to ensure the suspect's presence at trial, and ruled in favor of the lower $500,000 amount.

Dissenting Justice Patrick DeWine said the majority ignored the constitutional rights of victims for their concerns to be heard and the fact that trial judges are in the best position to determine bail by taking evidence and hearing victim testimony.

"Make no mistake: What the majority does today will make Ohio communities less safe," said DeWine, a Republican and the son of GOP Governor Mike DeWine. He added that by upholding the lower bond, "the majority brushes aside the family's fears."

In turn, Justice Michael Donnelly, a Cleveland Democrat, criticized those comments as "brazen accusations."

"The fact that a defendant might have committed a terrible crime does not allow us to ignore the law," Donnelly wrote.

The Associated Press contributed to this report.

Ohio Murder Case
Justin DuBose, 26, is one of three men charged in connection to the July 2020 killing of Shawn Green during an alleged robbery in Colerain Township. Police accused the men of breaking into a home and shooting Green, who died from his injuries the following day. Christopher Furlong/Getty Images