Linn sheriff Gardner explains bond error on Cedar Rapids attempted murder suspect

CEDAR RAPIDS — Sheriff Brian Gardner said an error in his computerized bond system allowed attempted murder suspect Brandon Gordon to post bond before seeing a judge.

Now, Gardner is trying to address that mistake and get Gordon back in custody, something he admits may be easier said than done.

'If he knows we're looking for him, he may not be too hot to be back in custody,' Gardner said.

Gordon, 18, of Marion posted 10 percent of a $65,000 bond Saturday morning, less than 24 hours after he was arrested on charges of attempted murder and other felonies. Police said Gordon fired multiple shots into a Ford SUV on Friday at the BP gas station at 4141 Center Point Road NE. He was arrested less than 30 minutes later.

Gardner said a 2007 Iowa Supreme Court order outlined the bond structure for criminal offenses and also laid out which offenses were not eligible for bond without seeing a judge. Among those offenses are Class A felonies and forcible felonies. Iowa Code 702.11 lists forcible felonies as murder, kidnapping, felonious child endangerment and the generic offense of assaults, without specifically outlining what assaults are included as forcible felonies.

That's where the error comes in. Gardner said the Linn County Attorney's Office informed him on Monday that attempted murder and the Class C felony levels of willful injury and intimidation with a dangerous weapon — two other offenses Gordon faces — are forcible felony assaults.

'What we should have done clear back in 2007, we should have keyed in that long list of forcible felonies and included attempted murder, intimidation with a dangerous weapon — Class C felony, and willful injury — Class C felony,' Gardner said. 'That last part did not happen.'

The oversight went unnoticed because the unique circumstances that led to Gordon being allowed to post bond didn't come up in the last seven years. Specifically, he was charged with one of the offenses not listed in the sheriff office's system and booked after court hours.

'The stars aligned, so to speak,' Gardner said. 'He was arrested right after court. We made an error and allowed him to have the ability to bond out, and his family took advantage of that.'

Gardner said he spoke with the victim's family about what happened and apologized for the error. He also spoke with Cedar Rapids Police Chief Wayne Jerman — who expressed frustration Monday over Gordon's release — and explained what happened. Jerman said he accepted Gardner's explanation and is ready to move forward.

'I totally understand what happened,' Jerman said. 'I know that it doesn't sit well with Brian that this happened. I know he's not happy with what occurred, either ... I just hope that no one suffers any injury or negative effects from (Gordon) being released.'

Gardner said his deputies were planning to go before a judge Tuesday with the hopes of obtaining a warrant or court order authorizing them to bring Gordon back into custody. His initial appearance before a judge is currently scheduled for Oct. 3. Should he not appear at that court date, the $6,500 his family posted to bond him out would be forfeited.