Circuit Court judge declines petition for release or bond
Yvette Brown said she was glad Holmes County Circuit Judge Jannie Lewis declined to release or set bond for Terrence Sample Monday. Sample is accused of murdering McKayla Winston, Brown’s 21-year-old daughter, and her unborn child, and leaving her remains on a remote roadside in Holmes County.
“I’m happy with everything,” she said after the hearing, adding that the family is holding up alright given the circumstances.
Winston went missing on the night of June 27, reportedly telling others that she was going to show the father of her unborn child a sonogram of the baby she was expecting to deliver a week later on July 4. Her remains were found Monday, July 1, along a rural roadside and her abandoned vehicle was found six miles from that site.
Sample turned himself into the Holmes County Sheriff’s Department that day McKayla’s remains were found and was charged with kidnapping and two charges of first-degree murder the following day.
Sample’s attorney, Richard Carter, had filed motions with the court indicating that his client is being unlawfully held since Sample has yet to have a court hearing.
Carter said Sample was not properly represented when he was transferred to Yazoo County for an initial appearance without Carter being notified.
Carter also argued that the Justice Court had no authority to deny bond since there had been no probable cause presented at that time.
“Mr. Sample had been denied bail without any hearing whatsoever,” said Carter. “The constitution states that a Circuit judge can deny baill, but the Justice Court had no authority to deny bond. No probable cause that has been brought before the court, no finding that there is substantial proof or great presumption, that his release would pose potential danger to someone in the community,” he said. “And that is the standard the court would have to follow to deny bail completely. He is being illegally detained because he has been denied bail at this point in time.
“We’re asking for a hearing where the state would have to put on some sort of evidence to show why he is being detained,” Carter said.
Malone-Oliver rebutted each of Carter’s claims.
She noted that although Carter may have been advising Sample, he had not filed paperwork indicating that he had become Sample’s official representative at the time he was taken to Yazoo County for the initial appearance where bond was denied.
In answering a question from Lewis, Malone-Oliver also said that the Justice Court had offered the defense two possible preliminary hearing dates, which might allow the subject of bond to be reviewed again.
Overall, she said she believed Carter’s claims were “ridiculous.”
“It is absolutely ridiculous,” she said. “This defendant has been charged with murder. A pregnant woman was thrown on the side of the road for the bugs to eat. These charges are heinous.”
Lewis then denied the motion for Sample to be released or have bond set at this time.
“This court cannot issue a Writ of Habeas,” she told the court. “The court does not find that Mr. Sample is being illegally held.”
After hearing arguments in a related petition from Carter, which accuses law enforcement officials of releasing details of the case to the media and public, Lewis issued a gag order on everyone involved with the case.
While she said it was alright for people to make general comments, she cautioned both sides.
“Be careful about what you say to the media; there should be no details related to the case released to the public or the media,” she said.
The Holmes County Justice Court has offered both Aug. 1 and Aug. 22 as potential dates for Sample’s preliminary hearing. It is unclear at this time which date the defense will choose.
Following the hearing, Malone-Oliver said she was not surprised by the court’s rulings.
“He was aware of why he was being detained. We had no basis for being here,” she said. “It was just the obvious result based on the rule of law.”
Reached for comment later in the day, Carter declined to discuss the matter.
