Bail reduced slightly in criminal endangerment case

District Judge Matthew Cuffe slightly adjusted bond last week for a suspected drug dealer after he nearly caused a traffic accident with a law enforcement vehicle, lessening it from $175,000 to $150,000.

Wallace Ballard, 53, was out until just recently on a $50,000 bond following his arrest in December and arraignment on a charge of felony possession of dangerous drugs. In that case, he arrived at the Troy home of a suspected drug user during the execution of a search warrant.

Deputies with the Lincoln County Sheriff’s Office subsequently searched Ballard and allegedly found methamphetamine on several locations on his person. Ballard later pleaded not guilty to the charge in Lincoln County District Court.

In February, Ballard was apparently unknowingly under surveillance by a pair of detectives with the sheriff’s office while parked in a spot in the Troy area known for drug deals. When a marked local police vehicle spooked him, he tried to drive away.

But the detectives beat him to the exit. As the vehicles headed westbound on U.S. Highway 2, Ballard tailgated the law enforcement officers, court documents said.

After they passed through Troy, Ballard passed the detectives and allegedly slammed on his brakes, nearly causing an accident. In an affidavit, Detective Brandon Holzer wrote that he weighed swerving into the left lane or guardrail before opting to ram Ballard if unable to brake in time.

Ultimately, Ballard sped back up, averting a collision. Holzer and his partner, Detective Dan Holskey, hit their emergency lights and arrested him shortly thereafter. Ballard later allegedly told authorities he thought the law enforcement vehicle was driven by someone looking to rip him off.

That incident led to the revocation of Ballard’s original bond. It was raised to $75,000. Ballard also earned a $100,000 bond on the criminal endangerment charge he picked up for the traffic incident.

On March 1, Ballard’s attorneys argued for reductions in both. For the possession charge, they asked that bail be returned to $50,000. As to the criminal endangerment charge, Ballard’s attorneys pushed for either his release on personal recognizance or, at the very least, a reduction from $100,000.

Despite agreeing to lessen the latter bond by $25,000, Cuffe took a dim view of the arguments presented before him.

“One argument appears to be that because he failed to injure or kill anyone, bond should be reduced,” Cuffe wrote in his March 4 order. “The court does not find such an argument compelling. The fact that the community was lucky this time does not negate the clear danger [the] defendant poses when he thinks someone might be going to be ‘ripping him off.’”

Cuffe also dismissed arguments by Ballard’s attorneys that his absence would place a burden on his employer. He allowed that the defendant’s financial hardships were more compelling. While rejecting the release on personal recognizance request, Cuffe lowered bail to $75,000.

“The court must take into consideration public safety … Moreover, bail must ensure [the] defendant will comply with any conditions of release established by the court,” Cuffe wrote.

As for the initial charge of drug possession, Cuffe kept bail set at $75,000.

“…[T]he court is not satisfied that anyone would be adequately protected by reducing [the] defendant’s bond,” Cuffe wrote in his order.

Ballard was arraigned March 1 on the criminal endangerment charge. He pleaded not guilty. An omnibus hearing is scheduled for May 3 with a pretrial conference slated for June 7. Were the case to move to trial, it would begin July 13.