Judge denies bond reduction in church bulldozing case
Published 12:00 am Thursday, January 13, 2005
[1/8/05]A man accused of plowing a bulldozer into a church in what prosecutors are calling a hate crime will stay in jail, a judge ruled Friday.
After hearing from members of the church that they still feel threatened after the Oct. 30 attack, Justice Court Judge Richard Bradford denied a requested bond reduction for Zane Bearrick, 21, 160 Bridlewood Road.
Testimony at the hearing included an allegation that Bearrick had bragged about the destruction and invited others to see it.
In the case, a bulldozer parked near First Assembly of Yahweh Vicksburg, 3820 U.S. 80, was cranked up. After two friends were summoned to watch, Bearrick steered the bulldozer into the church building, a mobile home, Deputy Sheriff Todd Dykes said he was told. He jumped off as it hit, Dykes has said.
District Attorney Gil Martin called church member Fred Clark as a witness and asked him about the effect the attack had had on the congregation.
“Some are afraid to come,” Clark said. “It’s had a mental effect.”
Questioned by Bearrick’s attorney, T.K. Byrne of Clinton, Clark said he knew of no threats that had been issued against any congregation member by Bearrick or any member of Bearrick’s family.
Martin said the case would be presented to the Warren County Grand Jury that is scheduled to meet Jan. 24 and that a circuit judge could revisit the bond issue then. Bearrick remained jailed on $100,000 bond.
Byrne asked to call witnesses during the hearing, but Bradford denied that request. Martin said the defendant had no right to call witnesses during the hearing but that the judge could choose to allow it.
Bearrick is charged with felony malicious mischief and Martin has said he thinks the act was a hate crime. Bearrick is white, and the congregation’s members are black.
If the crime is determined to be racially motivated, it could double the maximum penalty for a conviction to 10 years in prison and a $20,000 fine.
The church sustained about $20,000 in damage to its building plus about $5,000 damage to the building’s contents, Clark said.
The church has about 12 to 15 members and some who are inactive, said Clark, who owns the land and the building but allows the church to use it. The day after the damage church members reported that they numbered about 30.
The Legislature enacted the state’s law against hate crimes in 1994. The case is the first in Warren County to be treated as a hate crime, Martin has said.
Federal laws against hate crimes also exist. Violations of them would be prosecuted by the U.S. Attorney’s Office. The FBI has also investigated the case.