Man arrested for attempted murder in Cedar Rapids bonds out

CEDAR RAPIDS - Cedar Rapids Police Chief Wayne Jerman said he is concerned and frustrated by the release of an attempted murder suspect on bond before he went before a judge.

However, Linn County Sheriff Brian Gardner said his staff was following the law as it relates to bond procedures and non-forcible felonies.

According to the Linn County Sheriff's Office, 18-year-old Brandon D. Gordon was released from jail after posting a $65,000 cash or surety bond Saturday morning, less than 24 hours after he was arrested for attempted murder and other felonies. Meanwhile, the 18-year-old woman he shot remains hospitalized, police said.

'I don't understand how, when an individual is charged with a crime of this nature and this level of seriousness, (that individual) is able to be released back into the community,” Cedar Rapids Police Chief Wayne Jerman said Monday. 'I'm just perplexed and, quite honestly, frustrated. The community is put back at risk.”

Gordon was arrested after allegedly firing shots into a black Ford SUV at 12:19 p.m. Friday at the BP gas station at 4141 Center Point Road NE. Police said Gordon was trying to hit a 19-year-old man in the vehicle, but hit an 18-year-old woman in the SUV. She was hit at least once, police said.

Gordon was arrested 27 minutes later when he was found on foot near the intersection of 32nd Street and Eastern Avenue SE.

Jerman said Gordon was released without appearing before a judge and now Jerman's looking for answers. A commander has been tasked with getting to the bottom of the issue, Jerman said.

'Less than 24 hours after he was arrested for trying to kill somebody, he's back in the community,” Jerman said.

Gardner said Gordon was eligible to bond out without seeing a judge. According to an August 2007 Iowa Supreme Court order, an inmate is eligible for bond if court is not in session and the person arrested is not accused of a forcible felony. Forcible felonies include murder, sexual abuse, kidnapping, robbery, first-degree arson and first-degree burglary. Attempted murder and willful injury are not listed in the Iowa code as a forcible felony.

Gardner said the jail uses a computerized process to determine the bond based on the code section of the crime.

'Since the charge of attempted murder was not specifically provided as a forcible felony, it is listed within the computer as being subject to bond,” Gardner said in an email to The Gazette.

First Assistant Linn County Attorney Nick Maybanks said, if given the opportunity, he would have requested a higher bond for Gordon.

'It wouldn't be the amount of bond I would have asked for if we went before a judge,” Maybanks said. 'We weren't allowed that opportunity. He was able to post bond before he went before a judge.”

Maybanks said he's looking into the matter. Gardner said he is speaking with the county attorney's office to make sure the computer bond coding for all charges is correct.

'If it is determined that an error was made in this case, we can request the court to allow us to bring the defendant back into custody to order a higher bond,” Gardner said.

Maybanks said Gordon's bond has been set for Oct. 3. At that time, a judge could opt to increase Gordon's bond, which would put him back in custody until that higher bond is posted. The judge could also let the current bond stand, however.

'Just based on the nature and circumstances of the offense, we do believe a higher bond would be appropriate and we'll likely ask for one,” Maybanks said.