ST. JOHNSBURY — A $200 difference appears to be what kept Everett Simpson from staying behind bars and his release that ultimately led to an alleged kidnapping and sexual assault, and massive manhunt ending with his arrest following a motor vehicle chase in Pennsylvania.
Court records and an audio recording of a hearing obtained by VTDigger of a court proceeding that took place just a day before the 41-year-old man’s release provide additional details into the lowering of the bail that allowed Simpson to leave jail and go to a drug treatment facility.
Shortly after checking into the Valley Vista treatment facility in Bradford, police say Simpson fled, stole a vehicle, kidnapped a woman and her 5-year-old child in New Hampshire, drove them to Vermont and raped the woman in a White River Junction hotel room.
The case has prompted State Police to admit that more steps should have been taken following the notification the department received that Simpson escaped the drug treatment facility to track him down and alert the public that he was on the loose.
State Police say they received the notification on the night of Friday, Jan 4. The alleged kidnapping in New Hampshire occurred the following day.
Simpson had been jailed on $20,000 bail stemming from his September arrest in a car-chase case. On Dec. 28, his attorney, Bridget Grace, filed a motion titled, “Stipulation to Modify Bail.”
In that one-page filing, Grace wrote that she had reached an agreement with the prosecutor in the case, Caledonia County Deputy State’s Attorney Maria Byford, to reduce Simpson’s bail from $20,000 to $5,000.
“The Defendant is to go to residential treatment and the arrangements have been made,” Grace wrote, adding that the treatment bed would be available for Simpson at Valley Vista on Jan. 3.
“Therefore,” Grace added, “the parties stipulate that the bail may be lowered on Jan. 3rd, defendant will sign a release authorizing Valley Vista to immediately notify police if he leaves AMA (against medical advice) and that arrest warrant will issue immediately if he does leave AMA.”
Upon the completion of the treatment, the defense attorney wrote, Simpson would return to court and the bail “shall return” to $20,000.
Then, on Dec. 31, Grace filed a new motion, this one titled, “Motion to Strike Bail.” In that filing, the defense attorney requested that the $20,000 bail be “temporarily stricken” to allow Simpson to go to Valley Vista.
“The parties stipulated that the bail may be lowered on January 3rd to $5,000 and a motion was filed with the court,” the filing stated. “Defendant reports that he is unable to come (up) with $500.”
Typically, a bail bonds company requires a defendant to post 10 percent of the bail amount to secure a bond for the full amount resulting in the need for Simpson to have $500 to secure a $5,000 bond.
The bail that was later set of $3,000 bail would only require Simpson putting up $300.
In the Dec. 31 filing, there was no “stipulation” with the prosecutor agreeing to that request to “temporarily” strike the bail entirely..
A short five-minute hearing took place Jan. 2 before Judge Robert Bent to hear the request to strike the bail.
Simpson did not attend the hearing.
The prosecutor, citing the serious nature of the charges against him stemming for the car chase involving fleeing and fighting with police in September that led to his arrest, said she opposed striking bail altogether.
“The nature of this charge does concern the state about letting him out without any bail at all.” she said, adding that Simpson’s record includes a previous escape charge.
Grace, Simpson’s attorney, said the escape dated back to 1995, and he had no failures to appear for court hearings. She added that Simpson was last charged with a criminal offense in 2001, and has lived in Vermont for most of his life.
“Mr. Simpson has been really trying to get into treatment,” Grace said. “He is pretty set on wanting to do that and wanting to do the residential treatment at Valley Vista.”
She said reiterated that her client couldn’t raise the funds needed to post the $5,000 bail.
“The court is disinclined to do it — to modify the bail,” Bent said. “If $3,000 will do it, the court would take it to $3,000, but I need to have some substantial bail down because when the blue lights came on he took his car to 90 mph and attempted to elude, that does not warm the cockles of my heart.
The judge added, “Somebody is going to have to come up with sufficient funds so that he will likely return … I’ll move it to $3,000 on his record, but not strike it entirely.”
Bent said that would make the bail amount for Simpson “more affordable,” but said, “I don’t know if that gets him to where he needs to be.”
A day later, on Jan. 3, a bail bond was posted by Advantage Bail Bonds, and Simpson was released from custody to go to Valley Vista.
State Police officials say they are conducting an internal review into the department’s handling on the notification it received from Valley Vista the following day that Simpson had left the facility.
On the same day last week that police announced that internal probe, Trooper Sean Brennan, based at the St. Johnsbury barracks that handled that notification, had been placed on paid administrative leave.
State Police wouldn’t comment on the reason for the suspension, including whether it is tied to the internal probe.
Meanwhile, Simpson is being held on $1 million on charges stemming from his arrest last Sunday, Jan. 6, in Pennsylvania, after authorities said he crashed his car fleeing from police.
He is due back in Vermont to kidnapping charges on Feb. 7 in federal court in Burlington.
Read the story on VTDigger here: Simpson’s bail lowered days before his escape.