Defense requests man in death penalty case be released from jail on bond
Defense attorneys for a man charged with murder in a January 2019 triple homicide on Audubon Avenue are requesting he be released on bond.
Arnett B. Baines, 32, of the 0-100 block of Dixiana Court, and Cylar L. Shemwell, 33, of the 1600 block of Wisteria Gardens were charged with murder and first-degree assault in the deaths of Robert D. Smith, 35, Jay Michael Sowders, 43, and Christopher Carie, 18. All died of gunshot wounds to the head the morning of Jan. 17, 2019 in the basement of Sowders’ home in the 900 block of Audubon Avenue.
Carmen Vanegas was in the home in another room and was also shot in the head, but survived. Both Baines and Shemwell face the possibility of receiving the death penalty in the incident, which was recorded by a security camera in the house.
Baines is being held on a $275,000 full-cash bond. The defense motion asks for Baines’ bond to be reduced to $100,000, with him being released by posting 10% of the bond.
The motion says a pretrial risk assessment determined Baines is a low-risk for not making future court appearances if released and estimated Baines is 78% likely to make future court dates. The motion says the assessment found Baines has “an 84.1% probability of remaining arrest-free prior to trial.”
“To require Mr. Baines to stay in custody puts him at substantially greater risk for contracting COVID-19,” the motion says, adding, “the most recommended tool to curb the spread of this pandemic is one that cannot be practiced by inmates: social distancing.”
New arrests, the motion says, “are made regularly, resulting in new people being introduced to the jail. Every person arrested is a potential carrier that could cause an outbreak in the Daviess County Detention Center.
“Mr. Baines cannot safeguard his health while in this type of facility,” the motion says. “If released on home incarceration, he could remain in his home to avoid exposure to this potentially deadly infection and still be monitored to ensure the safety of the community.”
Baines is indigent and not reducing his bond violates Baines’ constitutional rights, the motion says. The charge qualifies for bail, according to the motion.
A hearing on the motion is scheduled for Thursday, Feb. 11 in Daviess Circuit Court.
Shemwell is next scheduled to appear in court in April. A trial date for Baines and Shemwell is not currently scheduled.
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