Judge delays decision on lowering Blackerby’s bond
Published 5:13 pm Wednesday, August 26, 2015
Blackerby, his brother, Andrew, and Neff allegedly agreed to meet at “the slab” to fight following an argument on social media, Woodard said.
“During the interview, he (Blackerby) did state on numerous occasions that he will fight anybody at any time,” Woodard said.
Preliminary findings from Neff’s autopsy indicate he received “three blows to the head.” Eric Matthew Blackerby and Andrew Blackerby said the former hit Neff with the baseball bat once, while other witnesses’ descriptions of the incident vary from one to three hits occurring, according to Woodard.
Barry Alvis questioned the consistency of the witnesses’ answers in determining whether the suspect has “a propensity for violence,” noting the suspect has no prior felony convictions and was not prosecuted following two incidents on his school records listed as “fights” in the last several years.
Eric and Angie Blackerby, the suspect’s parents, each said they did not believe he has “a propensity for violence.”
“In my opinion, he’s a typical teenage boy,” Angie Blackerby said of Eric Matthew Blackerby. “He does (have a temper), but it’s not like him to do something like that, so that’s why it really shocked me.”
The Alvises initially filed a bond reduction request on Aug. 5, but Reeves denied the request, citing a procedural error in the way the request was filed in the court system, and asked the attorneys to re-file the bond reduction request correctly.
In the request to lower the bond, the defense attorneys stated Eric Matthew Blackerby has no previous criminal history, and would not be a flight risk if he were released from the Shelby County Jail.
The Alvises claimed the $500,000 bond “far exceeds the financial ability of the defendant to post bond in this matter,” and said the defendant and his family are “long-term resident(s) of Shelby County and own property in Shelby County.”
On Aug. 26, Barry Alvis said the suspect’s family was prepared to put forth personal property to post Eric Matthew Blackerby’s bond if it were reduced to $200,000 or lower.
The defense attorneys said “murder is the most serious charge the defendant could be charged with,” and claimed the suspect’s charges should be sent to juvenile court.
“The facts tend to show more of a reckless conduct more consistent with manslaughter, which would mandate this defendant be (tried) in juvenile court,” read the request.
“He’s been violent and he’s stated to the investigator that he does have a temper,” Roger Hepburn, the Shelby County District Attorney’s Office chief trial attorney, said. “The state believes that despite his age, because of the violent nature of the defendant, we believe (it) is certainly justified in keeping the bond at $500,000.”
Murder is a Class A felony, and is punishable by up to life in prison upon conviction.
Shelby County District Attorney Jill Lee said the date for Blackerby’s jury trial is uncertain.
“We certainly don’t want any delay in light of his age and in light of the circumstances,” Lee said.