HEBRON — I’m relieved that the man accused of killing Kaylin Gillis will remain in jail pending his trial. Rejecting bail for Kevin D. Monahan, as two judges have done, is fine by me.
I fear the 65-year-old could be dangerous. Anyone who could open fire on a car that mistakenly came up his driveway, as police and prosecutors allege Monahan did, could be capable of repeating the shocking crime on somebody else. Why not protect the public?
Releasing Monahan would also be disrespectful to Gillis’ grieving family and friends. What they’re going through is awful enough without knowing that the man accused of killing the 20-year-old is back living where the tragedy occurred. They would be understandably outraged if Monahan were released, as would much of the region.
Of course, dangerousness, public safety and sympathy for despairing families are not valid reasons to keep someone accused of a crime behind bars under New York law. That was true before controversial changes to the state’s bail laws, and it remains true in the wake of reforms to the reform, including changes newly approved as part of the 2023-2024 state budget.
Bail is for ensuring that defendants return to court, and nothing more. Denying bail entirely is a tool judges can use when the defendant could be considered a flight risk even after posting bail.
Is Monahan a flight risk?
Washington County District Attorney Tony Jordan said yes. Monahan is facing the possibility of a long prison sentence, after all. The instinct to flee must be strong.
OK, but you could say the same about many criminal defendants. There’s nothing unique about Monahan in that regard, nor is there anything to suggest he would be unusually adept at disappearing without capture. He has lived in his home for over 30 years and has no ties to anywhere else in the world.
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