IN THE MATTER OF: BYRON A. BERKLEY, DOB: 4/10/2000 File No. 2014-2412 PT 225908 ACHILD UNDER THE AGE OF 18 PT 225900 ORDER SETTING BOND This cause came to be heard by Judge Sheila D. J. Calloway on March 29, 2017, upon the Motion to Set Bond for the charges of Criminal Homicide, Especially Aggravated Robbery, and Curfew Violation. Present in Court were Byron Berkley, the respondent/child; Danny Baxter, the respondent's attorney; Pam Anderson and Lindsey Moreland, Assistant District Attorneys General; Gloria Berkley, mother of the respondent child; and Roy Hunter, alleged victim. There were several other people present in court to support the respondent or the alleged victim. There were five (5) exhibits entered into the record of this proceeding. In this matter, the District Attomey has requested the Court consider transferring the respondenti/child to the adult system. The hearing to determine whether the respondent's case will be transferred to the adult system will be heard on July 27, 2017. In the meantime, the respondent has filed this motion to set a bond according to TCA § 37-1-117 (a)(2). In order to determine the amount to be set in this matter, the court must use the factors set out in T.C.A. § 40-11- 118(b), including the following:(1) The defendant's length of residence in the community; (2) The defendant's employment status and history and financial condition; (3) The defendant's family ties and relationships; (4) The defendant's reputation, character and mental condition; (8) The defendant's prior criminal record, record of appearance at court proceedings, record of flight to avoid prosecution or failure to appear at court proceedings; (6) The nature of the offense and the apparent probability of conviction and the likely sentence; (7) The defendant's prior criminal record and the likelihood that because of that record the defendant will pose a risk of danger to the community; (8) The identity of responsible members of the community who will vouch for the defendant's reliability; however, no member of the community may vouch for more than two (2) defendants at any time while charges are still pending or a forfeiture is outstanding; and (8) Any other factors indicating the defendant's ties to the community or bearing on the risk of the defendant's willful failure to appear. In this case, the 17 year old respondent has lived in Nashville, Tennessee, all of his life. Although his mother testified that he was currently enrolled in school at Cohn Leaming Center, there is an indication from the school records that he has had a history of truancy, and that he missed over 22 days at East Magnet Middle School in one year and 19 days at Whites Creek High School another year. The respondent has no history of employment. The respondent's entire family lives in Nashville, Tennessee. His mother testified that she has lived in Davidson County all of her life. Furthermore, his father, who is disabled, lives in the home and has lived in Davidson County for his entire life as well. The respondent has older siblings. One of his brothers is currently incarcerated on a homicide case. The other siblings no longer live in the home. As to the respondent's prior record, he has had two prior truancy petitions and one petition charging him with felony theft of property, handgun possessionand a curfew violation. As to the latter petition, the respondent successfully completed a pretrial diversion program. There was no evidence presented indicating that the respondent has ever failed to appear for a court proceeding or attempted to avoid prosecution. The nature of the offense and the apparent probability of conviction and the likely sentence weigh against the respondent in this case. Based on the testimony of the alleged victim, the respondent was involved in an incident which caused the death of one individual and caused serious bodily injury to another. The surviving individual was shot nine (9) times. The surviving victim and the deceased were both shot at close range inside a car several times. Then both victims were drug from the car and shot again on the street. The video from the incident purports to illustrate the respondent's involvement. Based on the testimony and the exhibits, the nature of the offense and the apparent probability of conviction clearly weigh against the respondent. Due to the nature and circumstances of the offense, it appears that the respondent poses a significant risk of danger to the community. Based on the above findings, the court finds the bail in this matter should be set as follows: a) Especially Aggravated Robbery: $50,000.00 b) Criminal Homicide: $150,000.00 ©) Curfew Violation: $ 0.00 (this is not a transferrable offense.)The total bond shall be set at $200,000.00. If the respondent is able to post the bond, he will be required to be placed on strict home detention to be monitored by the Juvenile Court Support, Intervention and Accountability Team until the case is adjudicated. THEREFORE THIS COURT ORDERS the bond in this matter shall be set at $200,000.00. Furthermore, if the respondent posts the bond, he will be required to be placed on strict home detention to be monitored by the Juvenile Court Support, Intervention and Accountability Team until the case is adjudicated. The transfer hearing will be held on July 27, 2017. IT IS SO ORDERED. ENTERED this o Pay of May, 2017. SHEILA D. J. CALLOWAY, JUDGE