CINCINNATI — With the passage of Issue 1, Ohio voters changed the state constitution as it relates to bail. Depending on whom you ask, the right or wrong people will stay in jail longer.
"This has haunted us for two and a half years," said Shawn Green, whose son Shawn Colin Green, known to friends as Colin, was shot to death in July 2020. "I've never been through pain like this in my life ever — my (life) ain't been the greatest, my childhood wasn't the greatest. I've never felt pain like this. I wouldn't wish this on my worst enemy."
Their son was the victim of a botched burglary involving one of Colin's childhood friends and two others. Prosecutors charged Justin Dubose with murder for pulling the trigger.
He later pleaded guilty to manslaughter and received a 15-year prison sentence this month. The other two suspects also accepted plea deals.
Before that, Dubose fought his initial bail of $1.5 million. His lawyer, Bill Gallagher, convinced the Ohio Supreme Court to make the bail more affordable.
"What's in place right now, it doesn't need change," Gallagher said. "Judges should be free to set bails but they have a limit on what they should do with bail."
The Greens worried for months.
"We didn't know what they were going to do," Shawn Green said. "We had incidents where people were screaming at my wife driving my son's car."
"No one should ever have to fear someone getting out of jail that has been indicted by the grand jury of murder," said Erica Green, Colin's mom.
Those behind Issue One took the matter to voters. Three out of four voters agreed to amend Ohio's constitution and require courts setting bail to consider public safety, criminal backgrounds and the likelihood that defendants will show up to court. Issue One also strips away Supreme Court authority to control the process of setting bail amounts and conditions.
"They just think judges are just releasing people willy-nilly around here and that's not really the case," Gallagher said.
Gallagher said judges already made such considerations.
"All (the Supreme Court ruling on Dubose) really says is judges should be considering all those things and it also reminds prosecutors that if they think someone is too dangerous to be released all they have to do is file a petition and ask the court to do so. But what you should automatically not do is set a bail that no one could ever make in the hopes that they'll stay in custody."
Gallagher said he thinks passing Issue One will lead to jails overcrowded with poor and non-violent offenders.
The Greens, now raising Colin's son who never met his father, see better protection for families of all murder victims in the state.
However, with those involved in Colin's killing facing no more than 15-year sentences, the Greens still see holes in the system and sound resolved to push for more change.
"Our son can't come back but if we can stop someone else's from getting killed: that's what this is about," said Erica Green.
