Court of Appeals of Ohio, Fifth District, Richland
from the Richland County Court of Common Pleas, Case No.
Plaintiff-Appellee GARY BISHOP Prosecuting Attorney Richland
County By: JOSEPH C. SNYDER Assistant Prosecuting Attorney
Defendant-Appellant MICHAEL J. KINLIN
JUDGES: Hon. W. Scott Gwin, P.J., Hon. Craig R. Baldwin, J.,
Hon. Earle E. Wise, J.
Appellant A1 Bonds, LLC appeals from the January 24, 2019 and
February 15, 2019 Judgment Entries of the Richland County
Court of Common Pleas.
OF THE FACTS AND CASE
On November 13, 2017, defendant Luis N. Faccio, Jr.
(hereinafter "defendant') was indicted on three
counts of felonious assault in violation of R.C.
2903.11(A)(1), felonies of the second degree, three counts of
aggravated assault in violation of R.C. 2903.12(A)(1),
felonies of the fourth degree, and one count of domestic
violence in violation of R.C. 2919.25(B), a misdemeanor of
the first degree. At his arraignment on November 21, 2017,
defendant entered a plea of not guilty to the charges. A
hearing on his motion for a bond hearing was held before a
Magistrate on November 29, 2017 and December 4, 2017. The
Magistrate, in a Decision filed on December 8, 2017,
recommended that defendant's bond, which had been set in
the sum of $100, 000.00 cash and personal recognizance, be
returned to the sum of $30, 000.00 cash plus
personal recognizance. The trial court, on December 27, 2017,
adopted the Magistrate's Decision as the order of the
Thereafter, on December 27, 2017, appellant posted bond for
defendant in the amount of $30, 000.00 and defendant was
released from jail. After defendant failed to appear at his
final pretrial on March 21, 2018, his bond was revoked and a
warrant was issued for his arrest.
On April 6, 2018, appellee State of Ohio filed a motion
seeking forfeiture of defendant's bond. The trial court,
via a Judgment Entry filed on April 17, 2018, ordered that
defendant's bond was forfeited in court on April 16, 2018
after defendant failed to appear for his April 2, 2018 jury
trial or "otherwise failed to comply with the conditions
of defendant's $30, 000 surety and PR." An oral
evidentiary hearing on the bond forfeiture was held on June
11, 2018 before a Magistrate. At the hearing, appellant
requested additional time to locate defendant.
The Magistrate, in a Decision, filed on June 14, 2018,
recommended that judgment be entered against appellant in the
amount of $30, 000.00. The Magistrate, in his Decision,
found, in relevant part, as follows:
5. Pursuant to R.C. 2937.36(C) surety, A-1 Bonding was
notified that judgment would be entered against the bonding
agency unless it produced the body of defendant… at
the 6-11-18 hearing.
6. Surety A-1 Bonding failed to produce Mr. Faccio at that
hearing and he is still at large.
7. The bonding company requested a 90 day stay/continuance in
order to locate Mr. Faccio Jr. but admitted it had no new
active leads or addresses for him. Two to three weeks ago,
defendant Faccio escaped from 2 bounty hunters and five to
six police officers in Solon, Ohio. The bonding company
believes he is selling drugs in Cleveland from "word on
the street." The bonding company believes ...