Keep and Bear Arms
Home Members Login/Join About Us News/Editorials Archives Take Action Your Voice Web Services Free Email
You are 1 of 167 active visitors Sunday, August 20, 2017
EMAIL NEWS
Main Email List:
Subscribe
Unsubscribe

State Email Lists:
Click Here
SUPPORT KABA
Join/Renew Online
Join/Renew by Mail
Make a Donation
Magazine Subscriptions
KABA Memorial Fund
Advertise Here
Use KABA Free Email

JOIN/Renew NOW!
 
SUPPORT OUR SUPPORTERS

 

YOUR VOTE COUNTS

Keep and Bear Arms - Vote In Our Polls
Do you support Michael Bloomberg's efforts to shred the Second Amendment?
No
Yes

Current results
Earlier poll results
87 people voted

 

SPONSORED LINKS

 
» U.S. Gun Laws
» AmeriPAC
» NoInternetTax
» Gun Show On The Net
» 2nd Amendment Show
» SEMPER FIrearms
» Colt Collectors Assoc.
» Personal Defense Solutions

 

 

 

Keep and Bear Arms

Search:

Archived Information

Top | Last 30 Days | Search | Add to Archives | Newsletter | Featured Item


Man killed in suspected burglary was out on bail

Originally ran here as:
"Man killed in suspected burglary was out on bail"
by DAVID HOLDEN, Times Staff Writer
Huntsville Times
August 19, 2001

HUNTSVILLE, ALABAMA -- The man who was shot and killed in a suspected burglary last week had seven felony charges pending for grand jury investigations.

So why was he not in jail at the time? Jonathan Lee Malmay, 21, had spent six months in the Madison County Jail before making bail in June. He had been out nine weeks when he was killed Thursday by Dr. Lewis McCurdy Jr., a local veterinarian.

That Malmay, of 174 George Bird Road in Owens Cross Roads, was not behind bars Thursday despite the felony charges is hardly unusual, according to police and Malmay's court-appointed attorney. That's how the system works.

''I've seen some burglary cases that go two years before there is an indictment by a grand jury,'' said Mickey Brantley, an investigator with the Huntsville Police Department.

Huntsville police considered Malmay a suspect in a number of burglaries. One, of a home in southeast Huntsville on New Year's Day, involved three suspects. A police dog tracked down two, one of them a juvenile, but the search continued for a man who escaped.

WAFF-TV Channel 48 later broadcast a re-enactment of the burglary in a Crime Stoppers segment. After seeing the broadcast, Malmay surrendered to Huntsville police Jan. 18.

''We ended up solving 80 burglary and theft cases after he turned himself in,'' said Brantley, coordinator of the Crime Stoppers program. ''We also recovered $21,000 in stolen merchandise.''

Malmay was transferred to the Madison County Jail and spent six months there before he raised the $32,000 for bail. He was released June 3.

When Malmay was arrested in January, Huntsville police immediately charged him with three felonies: breaking and entering an automobile, third-degree burglary and first-degree theft of property.

5 On Jan. 29 and 30, sheriff's investigators tacked on three more felony charges: third-degree burglary, first-degree theft and first-degree receiving stolen property.

A conviction on any of these charges would have sent Malmay to prison for 10 years.

In all six charges, Malmay waived his right to a hearing. The next step was a grand jury investigation to determine if he should stand trial on the charges.

On June 8, five days after he was released from jail, Huntsville police charged Malmay with another felony: third-degree burglary. It's unclear from court records when that burglary took place. Police were looking for Malmay on a pending warrant, said investigator Jerry Trew.

Robert B. Tuten, Malmay's court-appointed attorney, said the cases were proceeding about as well as could be expected.

''To have time elapse during an ongoing investigation is not necessarily a big thing,'' Tuten said. ''It's not unusual for the police or the DA to hold back the more recent cases so they can develop the older ones.''

Tuten said he had been talking with prosecutors about settling the pending felony charges against Malmay. Tuten said he had already settled some misdemeanor charges against Malmay with the city and the county.

Then came the events of last week.

The home of John and Elizabeth Koisch on Dug Hill Road was broken into Wednesday. Madison County sheriff's investigators said Malmay was a suspect in that burglary.

On Thursday morning, McCurdy confronted a man walking out the front door of the Koisches' home, he told sheriff's investigators. McCurdy, who lives nearby, is Elizabeth Koisch's father.

McCurdy said the man, later identified as Malmay, got in his car and tried to run over him. McCurdy fired at least one shot, fatally wounding Malmay.

Sheriff Joe Whisante said Thursday that tire marks in the grass suggested the driver had tried to leave at a high speed. Investigators also said they found a weapon in Malmay's car.

A grand jury will review the shooting to determine if criminal charges should be filed against McCurdy. That's standard practice in such situations.


NOTICE: In accordance with Title 17 U.S.C. Section 107, this material is distributed, without profit, for research or educational purposes. We do our best, as well, to give credit to the original news source who published these Guns Save Lives stories out of respect and appreciation for their willingness to spread the word that Guns Save Lives -- and when an original link is available, we ALWAYS send all our visitors to read the original article on the original site where it was posted. God Bless the Americans that publish these stories - for assisting Americans in hearing the truth about guns saving lives.

Printer Version

 QUOTES TO REMEMBER
The price of freedom is eternal vigilance. Thomas Jefferson

COPYRIGHT POLICY: The posting of copyrighted articles and other content, in whole or in part, is not allowed here. We have made an effort to educate our users about this policy and we are extremely serious about this. Users who are caught violating this rule will be warned and/or banned.
If you are the owner of content that you believe has been posted on this site without your permission, please contact our webmaster by following this link. Please include with your message: (1) the particulars of the infringement, including a description of the content, (2) a link to that content here and (3) information concerning where the content in question was originally posted/published. We will address your complaint as quickly as possible. Thank you.

 
NOTICE:  The information contained in this site is not to be considered as legal advice. In no way are Keep And Bear Arms .com or any of its agents responsible for the actions of our members or site visitors. Also, because this web site is a Free Speech Zone, opinions, ideas, beliefs, suggestions, practices and concepts throughout this site may or may not represent those of Keep And Bear Arms .com. All rights reserved. Articles that are original to this site may be redistributed provided they are left intact and a link to http://www.KeepAndBearArms.com is given. Click here for Contact Information for representatives of KeepAndBearArms.com.

Thawte.com is the leading provider of Public Key Infrastructure (PKI) and digital certificate solutions used by enterprises, Web sites, and consumers to conduct secure communications and transactions over the Internet and private networks.

KeepAndBearArms.com, Inc. © 1999-2017, All Rights Reserved. Privacy Policy