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DA: Office erred in agreeing to reduce bail in attempted homicide

Schuylkill County District Attorney Christine Holman testified Friday that she did not call the victim or police to make sure they agreed before telling her assistant to go ahead and sign a paper asking a judge to reduce bail for a Barnesville man accused of holding a gun to his girlfriend's head last year.

As a result, Jed W. Dubuc, 25, got out of jail on $50,000 percentage bail instead of the $75,000 straight cash bail set by a district judge.

The victim and police must agree before a defendant's bail is reduced.

Holman described the situation as a "miscommunication" between her and Deputy Assistant District Attorney John Fegley.

"Did I make a mistake? Yes," Holman testified. "I take full responsibility."

Holman said she would turn the case over the Office of the State Attorney General to prosecute because of the "air of impropriety" now swirling around her office.

Judge James Goodman said Holman's actions resulted in a misrepresentation to the court, and rescinded the bail reduction.

"To be honest, that's troubling. This is an attempted homicide case," Goodman said.

Sheriff's deputies took Dubuc to the county prison, across the street from the courthouse, as soon as the two-hour hearing ended.

Dubuc's mother, Jody, who was in the courtroom along with her son, said she would bail him out regardless.

Dubuc, who is Holman's husband's third cousin, was charged with attempted criminal homicide, aggravated assault and other charges after the Sept. 1, 2014 incident at the Mahaony City home where he and his then-girlfriend, Dana Hannon, lived.

Holman testified that in a telephone conversation on Sept. 3, 2014, she indicated to Fegley that Hannon and police would agree to the reduction because Dubuc was to go directly to a Manheim, California, rehab for his drug addiction.

She said she agreed to the bail reduction because Dubuc's parents were going to spend $5,200 on a bail bondsman. He would have been freed anyway, and the parents would have forfeited the money.

"For Pete's sake, who would object?" Holman said.

When Hannon's lawyer, Michael O'Pake, asked Holman why she didn't consider the possibility of Dubuc harming Hannon, Holman said Dubuc would be going directly to rehab in California.

"How could that harm anyone?" she said.

"Because he's going to be coming back to Schuylkill County," O'Pake shot back.