Fort Myers Homicide Case: Aderian Carey

Recently, an article in the Fort Myers News-Press criticized two excellent judges for giving bonds on Mr. Carey's pending cases. The first case, a homicide, resulted in his surrender, with counsel, within hours of learning that he was a suspect in the shooting. In addition, the alleged shooting happenned at his own home when a known gang member was attempting to break into his window, in a high crime area, in the early morning hours. Even before Florida's "stand your ground law", a person had the right to presume that an intruder intended to do harm when an unlawful entry was attempted in one's home, and a citizen had the right to meet force with force, without any duty to retreat from one's home. The learned judge, our Chief Judge, was apprised of these facts at the first appearance, and issued a fifty thousand dollar ($50,000) bond for the homicide, which ultimately was filed as a manslaughter, and which is the subject of a motion to dismiss based on immunity from prosecution under the stand your ground law.
Mr. Carey's subsequent arrest, more than a year after the first one, occurred after a man assaulted his mother, threw a bottle at her, and attempted to do both her and Mr. Carey harm. The attacker allegedly injured himself in the leg after kicking a knife Mr. Carey held in order to defend himself and his family from further viscious attacks by the male and his friends. Again, one of our finest judges looked at the facts of the case, Mr. Carey's lack of prior record, and his history of appearing in court as required, and issued a substantial bond in the amount of one hundred thousand dollars ($100,000).
To suggest that this situation is analagous to the improper release of that career criminal cop -killer, who was not held to answer for violating his probation, is simply wrong. Mr. Carey was brought to court on the new charge, and the criminal justice system, with prosecutor, defense attorney and judge, functioned as required. It simply is not the same situation as when someone who has already been convicted of a crime, and who is on probation and violates that probation by committing other public crimes, escapes arrest and processing. To criticize our judiciary for appreciating distinctions in the law and applying the particular facts and circumstances of each individual case is unwarranted, even if you do not agree with a particular decision or bond amount. Judicial independence is the cornerstone of our democracy, and judicical decision-making, thank god, is not based on mob rule or fear of unwarranted criticism.