19% of Durham murder suspects are not in county jail

In Durham County, of the 80 people awaiting trial on murder charges, 15 are not in the Durham County jail. Some are out on bond, others may be in custody elsewhere or have yet to be arrested.

Whether to allow suspects of serious crimes out on bond is a balancing act. Defense attorney Daniel Meier said, "The purpose of bond is to ensure the person will show up for court, and also to protect society."

Ultimately, whether and how high to set bond is the call of a judge. While certain charges have a recommended bond, Meier said the judge also considers factors like age, criminal history, whether a suspect is a threat to the community, or whether they could intimidate witnesses before a trial can be held.

"Remember, people who are arrested, regardless of what they're charged with, are presumed innocent," Meier said.

Cases where bond is available are typically those that will take longer to get to trial, Meier said.

"They're probably shaky cases. If the state can't get their witnesses together, and they can't get someone convicted, we don't want to just warehouse them in the jail until we decide we can't proceed on the case," he said. "Frankly, I'm glad that Durham looks into that and takes that into consideration."

Keanan Odom Jr., who is charged with murdering North Carolina Central University student Myles Gresham, surrendered to police this week, but is out of jail on $250,000 bond. Bonds for other murder suspects in Durham range from $400,000 to $25 million.

"It is low for a first-degree murder, but not unheard of," Meier said. Anyone released on bond would likely have conditions of electronic monitoring or a curfew, he added.

Of the 80 people facing first- and second-degree murder charges in Durham, 36 suspects – about 45% of the cases – were held without bond.

Judges who allow bond for murder suspects, he said, understand the risks – that a suspect will leave town and never stand trial, or, worse, that they will commit another crime.

In pre-trial hearings, the judge will gather the facts from law enforcement, from witnesses and even from alleged victims before making a decision on bond.