By David Irvin: CNJ staff writer
A Clovis man awaiting sentencing as an accessory to murder was released briefly from the Curry County Adult Detention Center on Friday .
Eric Duran, 27, was released when he posted a $120,000 surety bond for his release. After learning of Duran’s release, the district attorney’s office filed a motion to have Duran arrested again, saying he should have posted a $50,000 cash-only bond in addition to the $120,000 surety bond.
Duran, who faces a maximum punishment of 15 years in prison, was back in custody on Saturday, but jail officials said he will likely be released again by Monday.
Officials said Duran has posted additional bond and will have met the terms for release as soon as he receives an ankle bracelet that will allow law officers to monitor his location. He’s expected to receive that ankle bracelet as early as today.
Duran pleaded guilty to accessory to second-degree murder last week in connection with the January 2004 shooting death of 27-year-old Carlos Murillo. His sentencing hearing is scheduled Feb. 28.
District Judge Stephen Quinn settled the bond issue in a hearing on Friday afternoon. He set bond at $135,000 cash or surety and stipulated that Duran must agree to wear a monitoring device on his ankle.
Curry County detention center administrator Don Burdine said he had conversations with the district attorney’s office Friday about Duran’s bond prior to his release. Budine said it was his understanding that the $120,000 surety bond superseded the $50,000 cash bond.
“If there is anything that says you have to meet both bonds … I’m not aware of it,” Burdine said. “If they set a bond and the inmate can make it, I would be violating their right by continuing to hold them.”
Chandler said there were discussions between jail officials and his office on Friday, but that prosecutors had told jail authorities that Duran had to meet both bonds before being released from custody. Chandler also complained that Duran was released without a monitoring device.
Burdine said Duran does not qualify for the jail’s ankle-bracelet program, which is only for inmates with no violent criminal history.
Members of Duran’s family declined to comment Saturday night. However, his lawyer, Daniel Lindsey, said the jail was correct to release his client on Friday, and he argued in court that the district attorney’s office failed to file the proper paperwork in District Court, leading to Duran’s release.
He also characterized the new bond set by Quinn as reasonable.
When police initially arrived at Duran’s house to rearrest him Friday, they spotted a man leaving the residence who began fleeing, officers said. A foot-chase ensued, and the man, who turned out to be Duran’s cousin, was arrested for resisting or evading a police officer.
Police said they found a firearm on Jerry Duran, 20. He was charged with possession of stolen property, a firearm, unlawfully carrying a deadly weapon and resisting or evading a police officer.
He was released on a $11,500 surety bond.
After Jerry Duran was taken to jail, police returned to the residence and arrested Eric Duran, and later Friday evening he was brought before the court.