Bond lowered for man charged in fatal stabbing
Aug. 20—A Utica man charged with murder in May in the stabbing death of a housemate has had his bond lowered.
Gerald W. Stokes, 65, of the 400 block of Browns Valley Road, was being held on a $1 million full-cash bond in the death of Gary Owen, 76, who also lived at the residence with Stokes and Retha Stokes, Stokes' wife.
Court records say investigators believe Stokes attacked Owen and Retha Stokes with a screwdriver. Daviess County sheriff's deputies found Owen on the floor of the residence. Owen later died of injuries at the hospital.
Stokes is also facing a first-degree assault (domestic violence) charge in connection with the alleged assault on Retha Stokes.
Stokes' attorney, Steven Dowell, wrote a motion stating that holding Stokes on a $1 million bond "is the equivalent of 'no bond' for a man of his limited means."
At a hearing on the motion, Dowell argued Stokes has ties to the community and is presumed innocent. Stokes' pretrial risk assessment indicated Stokes likely would not attempt to flee if released from incarceration, Dowell said.
"There's certainly nothing from pretrial that Mr. Stokes is a flight risk or would reoffend," Dowell said. If released on bond, Stokes would live with his son in McCracken County and could be placed on electronic monitoring, Dowell said.
"He has been in jail going on three months now, and there's no indication he has had any administrative issue" while incarcerated, Dowell said. "He has demonstrated he can follow orders and follow rules."
Assistant Commonwealth's Attorney Nick Payne and Candy Yarbray Englebert, who represents Retha Stokes in her divorce suit against Gerald Stokes, argued that releasing Stokes puts Retha Stokes at risk.
Englebert said Retha Stokes "is the only victim that is alive that can testify what happened that day. I feel very uncomfortable with Mr. Stokes being allowed to leave the detention center."
Payne said officials have "serious concerns" about Retha Stokes' safety if Gerald Stokes is released.
Daviess Circuit Judge Jay Wethington reduced Stokes' bond to $50,000 full-cash, with several conditions. Wethington said Stokes must live in McCracken County, and that Stokes' son must remove all firearms from the home. Stokes can only come to Daviess County for meetings with Dowell, Wethington said.
Payne asked that Stokes not be allowed to drive as a condition of his release, saying Stokes "could drive up here really quickly." Payne also requested a new hearing if Stokes or his family do post bond, before he is released from jail.
"I want the victim to know, if the bond has been posted, that he is getting out," Payne said. Wethington made a new hearing a condition of Stokes' release if bond is posted.
Stokes was still being held Thursday in the Daviess County Detention Center.
James Mayse, 270-691-7303, jmayse@messenger-inquirer.com, Twitter: @JamesMayse
James Mayse, 270-691-7303, jmayse@messenger-inquirer.com, Twitter: @JamesMayse
