Judge denies request to release bond money
Nov. 23—The judge presiding over a 2017 case, in which a man was killed while riding with an alleged drunk driver, refused to release the defendant's bond money Monday after the victim's grandfather testified in court.
Daviess Circuit Judge Jay Wethington denied a defense motion to release money posted in 2017 to release Robert K. Garner, 22, from jail. Garner, who lived in the 1200 block of West 15th Street at the time of the incident, was 18 when he was charged with murder and driving under the influence in the death of Cody S. Glover, 21.
Daviess County Sheriff's Department reports say Garner was driving west on U.S. 60 in the early morning hours of Sept. 3, 2017, when his vehicle left the road and overturned in a lake. Glover, who was a passenger, drowned.
The Daviess County Sheriff's Department deputy who investigated the incident previously said a blood test indicated Garner was intoxicated over the legal limit and that the test revealed PCP and opiates in Garner's system.
Garner's bond was originally set at $100,000 full cash, and Garner was released from jail in December 2017. Half of the $100,000 was returned previously to the family member who posted the bond. The latest motion requested that the remaining $50,000 be released.
The motion said the family member wanted the money back and that the family hadn't anticipate the case taking as long as it has. The case has been postponed previously, due to the COVID-19 pandemic and at the request of the parties.
Assistant Commonweath's Attorney Mike Van Meter argued against returning the bod money.
The $50,000 "guarantees (Garner's) appearance at trial," Van Meter said.
Rufus Miller, Glover's grandfather, was called to testify against returning the bond money.
"Cody lived with me from the time he was 2 years old," Miller said. "I raised Cody.
"Today marks 1,541 days since my grandson's life was taken. On that day, 1,541 days ago, me and my family were given a life sentence of sorrow and grief, no bond, no parole, a life sentence until we die. We are only weeks away from trial. Hopefully, (the case) will be resolved then. There is no reason to release this bond money."
Garner, who appeared by video with his attorney, did not speak during the hearing. Wethington denied the defense motion.
The trial is set for Feb. 7.
James Mayse, 270-691-7303, jmayse@messenger-inquirer.com, Twitter: @JamesMayse
