UPDATE (8/24/2017) - Trayvon Bennett was sentenced to six years in prison after he took a plea deal for the charge of aggravated battery.
His two attempted murder charges were dismissed.
MUNCIE, Ind. (7/28/2016) -- People in Muncie are wondering why a man accused of shooting a boy and teenager last year and arrested again on Tuesday, isn’t behind bars.
21-year-old Treyvon Bennett was arrested last year for shooting a 17-year-old boy and 7-year-old bot in a yard.
He posted a $100,000 bond in January and had been out of jail until he was arrested again, this time with Derek Carter Jr.
“The concern for us is that this individual is allowed to walk the streets and continue to promote violence in our community,” says Carl Malone, a volunteer at the Unity Center where the young boy sometimes hangs out.
According to a probable cause affidavit, police received a call that Bennett and Carter were driving in a car down the 800 block of Mulberry Street waving guns and making threats.
Police arrested both after finding two handguns in the car, including one with the serial number scraped off. Drug paraphernalia was also found.
Bennett and Carter Jr. are both charged with two counts of carrying a handgun without a license, and one count each of obliterating ID marks on handgun, possession of marijuana and disorderly conduct.
Bennett posted bail the same night he was arrested. He’s now free again until his August trial.
“If you are out on some pending charges, a judge can raise your bail , so there’s a wide variety of ways or means to which bail can be raised,” says Hoffman.
But in this case, Delaware County Chief Deputy Prosecutor Eric Hoffman says it appears Bennett only received the minimum bail required by the schedule set for the county.
“We’re hoping that our voice is heard from a community standpoint,” says Malone. “That we have to let them know, the powers that be know that we’re not satisfied.”
Hoffman says the prosecutor’s office can ask a judge to raise or revoke bond in cases like this. But they can’t do that until they receive the paperwork from the Muncie Police Department, which typically takes at least a few days.
In the meantime, repeat offenders like Bennett can and do walk free.
“I think it’s a concern, but I don’t think there’s a way to get a whole entire case to us instantly,” says Hoffman.
Malone hopes to see the process sped up. Until then, he feels the community won’t feel safe.
“This is an individual that we see every day,” says Malone. “It’s not like we don’t know this individual, we don’t know who he is. He’s easy to be identified and the fact that he’s still able to get through the loopholes concerns us as a whole. “
Bennett was given the opportunity to post bail as all those accused for offenses except murder are legally required in Indiana.
Hoffman says revoking it and sending someone back to jail requires prosecutors to prove the suspect is a flight risk, has violated a court order or has “a clear disdain for the law”.
Note: Bennett's name is also spelled as "Trayvon" on some legal documents from the first pending case and "Tryvonne" in the police report and probable cause affidavit from Tuesday.