In criminal proceedings, defendants charged with felonies have the right to a preliminary hearing within 10 days of arrest to determine probable cause, and they may waive this right to proceed directly to bond determination; bond amounts are set by the court based on factors including the severity of charges, the defendant's criminal history, residence status, and flight risk, with the court potentially following law enforcement recommendations.
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Texas man charged in deadly Strongsville Costco shooting appears in courtAdded:
If you are charged with a felony, which you are, you have the right to have a preliminary hearing within 10 days of your arrest. At that hearing, I'd bind the case over to the general division if I found there's probable cause that a crime was committed and that you are the person who committed it.
You have the right to a jury trial on this charge. You also have the right to reasonable bail. Uh you are charged with a murder to unclassified felony. uh murders carry a potential penalty and a definite uh prison sentence of 15 years uh to life in prison and a fine of up to $25,000.
I did review the probable cause affidavit uh for your arrest on that charge. Uh I do find there was probable cause for you to be detained on the charge of the murder. Um Mr. DeFranco has been assigned to your case. Mr. DeFranco, does your client acknowledge uh receipt of the complaint? Does he want me to read it here in open court and how would he like to proceed?
>> Thank you, your honor. It pleased the court had the opportunity to speak to Mr. Bryant prior to coming out on the record. Uh we he would wave reading of the complaint uh on the record. I've explained to him it's right to a preliminary hearing. Uh it's my understanding speak to him that he's willing to wave his preliminary hearing today and I would respectfully ask to be heard on bond when appropriate.
>> All right. Thank you. Mr. Brian, is that correct? You're going to wave your right to have a preliminary hearing which results in this charge being bound over to the court of common. Please for further proceeding.
>> Uh yes. Am I allowed to say something?
>> I would talk to your attorney before you do that.
>> Shel, did he sign the waiver or no?
>> Favor is signed.
>> All right. I'll find that the uh waiver preliminary hearing was executed here in open court and on the record and in writing. Uh the case will be bound over to the court of common please. Uh in regards to bond Mr. DeFranco I will start with you.
>> Thank you your honor. May I please the court Mr. Bryan is 22 years old told me he graduated uh high school when he lived in Illinois. It's my understanding he's not on any sort of supervision such as probation or parole. We would respectfully ask that you take that under consideration.
>> All right. Thank you. Uh, Detective Zachi Ju from the Stronal Police Department is also present. Uh, Detective Hoo, is there anything you want me to know in regards to this case in regards to back?
>> Good morning, your honor. Yes, the Stronghold Police would ask for a $5 million bond cash. Uh, the subject, the defendant, Mr. Bryant, does have a prior history and he is not from Ohio.
He is a truck driver who is transiting through Ohio. As such, we are concerned that he might leave the state.
>> Okay. All right. I appreciate it. And um are the representatives of the deedants family present?
>> Yes, your honor.
>> Did they did they want to be heard in regards to >> and I remind I know there's media here.
I I know the the Cedant's family has not given um permission for them to be shown on on uh TV. So I would ask that you respect that. Um did you want to be heard?
Your honor, in respect to the victim's family, all they're asking at this time is that justice be served, that any witnesses who haven't come forward come forward, and that they the media, etc. respect their privacy.
>> All right. Um here, Mr. Brian, based on the um obviously the the nature of the charge, based on the uh information presented here in the probable cause affidavit, also based on the fact that you don't have um you reside in a different state. Uh I am going to follow the bond recommendation um of the Strongsville Police Department. So your bond is going to be a $5 million cash bond. Case will be bound over to the court of common please. Mr. Bryant, uh, you're going to, uh, see another judge within a short order. If you cannot make that bond, uh, that that judge will re-review my bond and make any adjustments that they see fit. Anything else, Detective Mizu? Not >> at this time. Thank you, >> Anything else?
>> Okay. Anything else, Mr. DeFranco?
>> Nothing further, your honor. Thank you.
>> This man approached me with a knife. If Christian as I said you could address this in the future.
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