PATCH POLL: Is $1 Million Bond for West Des Moines Graduate Excessive?

Branden Plummer, a University of Iowa student and Valley High School graduate from Urbandale, is sitting in an Iowa City jail on charges of assaulting a police office on the equivalent of a $1 million bond.

And an Iowa City judge ruled Monday against lowering the bond, saying his decision was based on the fact that the charge of attempted murder is a Class B felony, the victim was a police officer, and Plummer had 11 days in which to turn himself in, but did not do so.

Plummer’s lawyer, Patrick Ingram, called the $100,000 cash-only bond “excessive and senseless,” in an article on thegazette.com. As a result Plummer, 20, will remain in jail for the time being, and probably will not be able to ask the University to reconsider  his interim suspension and finish his classes this semester.

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Plummer is accused of choking Sgt. Brian Krei, a 29-year-veteran of the Iowa City Police Department, early Nov. 18 after Krei stopped him for obstructing traffic near the corner of Burlington and Linn streets.

Krei lost consciousness and reportedly believed he was going to die. Iowa City police have praised a woman who saw what was happening and according to audio on Krei’s vehicle’s videotape, apparently persuaded Plummer to let go of Krei.

Police Chief Sam Hargadine and several officers attended the hearing in an unusual presence, reported the Gazette.

Robert Rigg, a veteran defense attorney who is director of criminal defense at the Drake Legal Clinic and a professor at the Drake Law School in Des Moines, said the $100,000 cash bond is the equivalent of a $1 million surety bond. Judges normally set surety bonds, which allow people accused of crimes to get out of jail by posting 10 percent in cash.

"Bottom line is the bond is extraordinarily high,” said Rigg, who noted that the Iowa Supreme Court’s guidelines used by judges in setting bonds suggest a $25,000 surety bond for Class B felonies.

However, he said, judges have discretion in how much bond to set. Judges can consider various factors in determining what bond to set, including the facts and circumstances, the person’s ties to the community and whether those are sufficient to keep him from fleeing.

Rigg added that judges routinely set somewhat higher bonds when the victim is a police officer or firefighter, but “the  primary purpose of a bond is not to punish a client. The primary purpose is to make sure he's going to appear at next hearing.”