FOR IMMEDIATE RELEASE
Contact: Prosecutor Tim Rutkowski, 989.269.9255
Late Tuesday evening a Huron County jury of four women and eight men found James Thomas-Nevels guilty of the felony of Absconding or Forfeiting a Bond, in the 52nd Circuit Court. The jury deliberated for approximately 90 minutes before finding Thomas-Nevels, 31, guilty of forfeiting a bond given in a criminal proceeding where a felony was charged. It is a 4-year felony.
Thomas-Nevels was initially arrested on a charge of Home Invasion 2nd degree and Domestic Violence that occurred on February 14, 2023. The next day when he was arraigned on those charges, the defendant was told to return to court on February 23, 2023, and March 3, 2023. Thomas-Nevels then posted a bond and he was released from the Huron County Jail. He failed to appear on the February 23rd hearing date, or for a follow up hearing date of March 2. He also did not show for the March 3rd hearing date. According to the evidence admitted during the trial, his then attorney had not heard from Thomas-Nevels. Shortly after the defendant’s failure to appear, he was charged with the crime of Absconding or Forfeiting a Bond because of his failure to appear.
During the Trial
The jury heard from four prosecution witnesses: two law enforcement officers and two court staff. The officers testified about arresting the defendant, first in February of 2023, for the Home Invasion charge, and then again in September 2023, for the outstanding warrant when he previously failed to appear for court. The court staff provided the documentation from the court’s file and the hearing transcripts that demonstrated the defendant’s failure to appear, and that because of his failure to appear, the bond he posted to be released from jail was forfeited to the court.
The defense called Thomas-Nevels’ mother and sister to testify, stating the defendant was not concealing himself and that he did not get notice of the scheduled hearings. Thomas-Nevels took the witness stand on his own behalf stating that he did not know he was supposed to appear on those dates and had not heard from his attorney.
An important piece of evidence came from the court’s records where it indicated that Thomas-Nevels called the courthouse the day after the bench warrant was issued and he was told there was a warrant out for his arrest. He still did not turn himself in and it was almost six months later when he was arrested on that warrant.
Absconding on a Bond
The charge filed used alternative theories to prosecute Thomas-Nevels. The jury could find him guilty for either absconding on the bond, meaning not appearing for court when he is required to do so, or for forfeiting his bond that was set on the earlier case. Most individuals who are charged with a criminal offense are allowed to post money as a guarantee that they will appear in court when required to do so. The jury found Thomas-Nevels guilty of forfeiting a bond that was posted for his prior felony charge, the Home Invasion.
Mr. Rutkowski, who led the prosecution, pointed out the importance of appearing for court stating:
The Courts set bonds for a reason. A person is presumed innocent until convicted, so allowing a person out of jail with a promise to appear is an important step in the process. To ignore that promise and not show up, violates the court’s trust and creates a significant challenge for the court and this office to do our work. When someone fails to appear for court hearings, this office will make sure to hold that person accountable.
After the guilty verdict, the Court was provided certified records of Thomas-Nevels criminal history with at least four prior felony convictions, including one for unarmed robbery and three for delivery of controlled substances. With those four prior felony convictions, he is considered a Habitual Offender which increases the possible penalty to a maximum of 15 years in prison.
Judge Gerald M. Prill scheduled sentencing for Thomas-Nevels on Monday, July 8 at 9 a.m.
