Man who fought with police released mistakenly, court clerk says

Chris Houston should have been in a jail cell the morning he fought with two Cedar Rapids police officers, officials acknowledged Wednesday.

Linn County Clerk of Court Sharon Modracek said Houston was mistakenly released from the county jail on Feb. 7 after his mother was allowed to post bond.

“I do believe our office committed an error, and he should not have been allowed to post bond,” Modracek said. “I certainly apologize for it. It's my error.”

Houston, 20, is back in jail now after a scuffle with two Cedar Rapids police officers during a traffic stop last Thursday. Officer John Dunkelberger broke his right hand, and Officer Tracy Schmidt took an elbow to the face.

Dunkelberger, who isn't sure how he broke his hand, has been taken off patrol until it heals.

Houston was convicted of conspiracy to commit a felony and assault causing bodily injury in June 2009 after police said he punched another teenage boy with brass knuckles and took his property. He was given a 10-year suspended prison sentence and ordered to spend up to a year in a Cedar Rapids halfway house.

According to court documents, he was sent back to the Linn County Jail after committing various violations.

On Dec. 20, 2010, a hearing on the status of Houston's probation was reset to Feb. 15, 2011. In the order, Judge Marsha Beckelman stated: “Defendant shall remain in the Linn County Jail until the time of the next hearing.”

Instead, Houston was released on Feb. 7 after his mother, Tonya Brock, paid 10 percent of the $10,000 bond at the clerk of court's office at the courthouse. Jail staff received the order from the clerk's office and Houston was released, according to Sheriff Brian Gardner.

Upon learning of Houston's release, Linn County Attorney Jerry Vander Sanden filed an application to bring him back into custody without bail. Judge Thomas Koehler, who has since retired, granted the request, and a warrant was issued for Houston's arrest.

Houston was free for 37 days until the traffic stop. According to the police report, he charged Officer Schmidt and started swinging his arms toward both officers. Both officers needed treatment at St. Luke's Hospital that morning.

Contacted via e-mail by SourceMedia Group, Beckelman confirmed her intent with the order was that Houston be kept in jail until the Feb. 15 hearing.

“This was agreed to by the Assistant County Attorney and Defense Counsel on the day my Order was entered,” Beckelman wrote.

Modracek said her staff is expected to call judges if there are any questions about the court's intent, but that was not done in this case. The responsibility of knowing who can post bond falls on her office during weekday business hours, and the on jail staff on weekends and after-hours, she said.

Modracek said she doesn't plan to make any policy changes.

“It was simply missed,” Modracek said. “It was a plain-old mistake.”

The day after his release, Houston's attorney, Brandon Schrock, filed an unresisted motion to delay the hearing so his client could find a job. The order notes that Houston had bonded out of jail.

Judge Marsha Bergan granted the motion, and pushed back the hearing nearly two months. The paperwork was sent to the county attorney's office.

“A flag wasn't raised then (either),” Modracek said.

Houston was in court last week after his most recent arrest, and Judge Jane Spande set a cash-only bond of $2,500. He remains in the Linn County Jail.

Modracek said clerk of court's offices around the state have faced more challenges recently due to budget cuts. She said she has been unable to refill three positions for people who left, and her staff has been assigned more responsibilities.

“I'm not trying to make any excuses,” Modracek said. “I really believe we do a good job, and it's unfortunate. Nobody in my office would ever want this to happen.”