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November 15, 2005 To: BAIL Florida P.O. Box 4114 Fort Pierce, FL 34948 Attn: Janet Collins Dear Mrs. Collins, I believe that if I am not mistaken, I know your son Gunnar, and also Lisa Johns that are associated with your bail agency. Allow me to introduce myself to you. My name is Daniel (Danny) Buchanan, and I owned and operated River City Bail Bonds in Palatka, Florida. I was involved in an incident during a felony fugitive apprehension on July 16, 2004 that resulted in my having to use “deadly” force. I did not kill the fugitive, whom I had on bond, but I did shoot him once in the left buttock at close range (we were fighting in the car which he was a passenger in). As a result of my reaction to his action of twisting away from me, and attempting to obviously retrieve something that he could use as a weapon against me. The State Attorney decided that Florida Statute 776.07 “A law enforcement officer, or other person who has an arrested person in his or her custody may use any force that he or she feels is necessary to prevent the escape of the arrested person” did not apply to bail bondsmen, and the Judge on the trial, The Hon. Ed Hestrom, would not rule on this statute in my motion for dismissal stating, “I don’t want to be the judge that rules on whether a bail bondsman has the right to us lethal force in making a surrender.” The state then proceeded to trial, and through their obvious manipulation of the justice system, I was convicted of aggravated battery with a firearm and sentenced to a mandatory 25 years to life imprisonment, and at sentencing received the minimum mandatory of 25 years. My case is currently on appeal in front of the 5th District Court of Appeals in Daytona, and I have had the good fortune (and the money) to retain Bill Sheppard and his partner, Gary Thomas as my appellate attorneys. As I was a member in good standing with BAIL Florida, and as this case, as Bruce Pelhan, head legal counsel for the Department of Financial Services said to me, “Danny, you are the test case for the state, and the nation on this issue of use of force,” I am in need of assistance concerning any and all incidents, cases that have been dismissed at the circuit court level where other bail agents have been involved in similar situations, and their respective circuit court cases have been dismissed. I know that I am not the only agent that has had to use a firearm in (a) to defend myself from what would have been a deadly attack, and (b) to prevent the escape of an arrested person in custody. The financial aspect of this case has, to say the least, been draining, but I do not come to you looking for donations. I come looking for the support of BAIL Florida members, in writing letters to me, and any and all examples, with case references if possible to bolster my position when the District Court of Appeals either reverses the lower court, and remands for a new trial, or hoping for the best, a complete dismissal at the appellate level. If this kind of situation can happen to me, and Gunnar went on a pick-up attempt with me once in the past and knows that I am a cautious, level-headed, professional when it comes to the “unpleasant” task of fugitive recovery, this can happen to anyone in our business across the state and that nation. My address is: Daniel Buchanan V22479/A2106 Reception Medical Center P.O. Box 628 Lake Butler, FL 32054 Prison life is “interesting” to say the least. It is a road that God gave me to walk, hopefully to be able to share with our industry a unique view of life “inside the fence.” I am currently working as a law clerk trainee, in our prison law library, and trust me Mrs. Collins, I now know all too well how the State manipulated the jury, the trial, allowed blatant perjury from their witnesses (all after-the-fact, as the only people who truly know what happened that day are God, myself and the fugitive, who was facing 15 years in prison, and in return for his testimony, as it was got 2 years drug offender probation), and totally violated the Florida Constitution, as well as the U.S. Constitution. I am confident in the appeal, however, and I know and have faith in God that this wrong will be righted in the end. As for me, when this is overturned and my record is cleared, the Department has assured me in all certainty that I can and will be allowed to apply and be reinstated. I will go back into the business, for as you know, once it is in your blood, it’s hard to say goodbye. Feel free to share this with your staff, and members of BAIL Florida. Please encourage them to write, and they can send whatever information they have to me, and I will see that it goes to my new defense attorney. Sincerely, Danny Daniel Buchanan V22479/A2106 Reception Medical Center P.O. Box 628 Lake Butler, FL 32054 |
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© 2005-07 B.A.I.L Florida Ann Teague (baillady32202@yahoo.com) 112 E. Forsyth Street Jacksonville, FL 32202 (904) 358-1905 Telephone |