Bounty hunters charged for storming into homes with shotguns and accosting people on the street in the Bel Pre neighborhood of Silver Spring in February, have local officials working to repair damage done to the community and make sure similar incidents do not happen again.
The incident has compelled police and Gayle Marie Brown Driver, an assistant's state's attorney for Montgomery County, to rally officials and citizens in the state to advocate tougher guidelines on bounty hunters. Still in the early stages, area law enforcement officials are raising awareness of the issue in communities through outreach. Further, Driver said she is pushing for an effective resolution through state legislature.
The term bounty hunter conjures images of the wild West when signs offering rewards for the return of Wild Bill: Wanted Dead or Alive were nailed to the walls. But bounty hunters today are expected to have a different approach, Driver said.
Bounty hunters are private contractors hired by bail bondsmen to detain people who have warrants issued for their arrest. In specific instances, bounty hunters can break down doors and carry guns and, because they are employed by private agencies, are not restricted under the same regulations public law enforcement agencies must adhere to -- which is what has Driver and others concerned.
"There is no law to regulate bounty hunters," Driver said. "... We need to establish guidelines so they don't violate the Fourth Amendment."
In mid-February, bounty hunters from Prince George's County Capital Fugitive Recovery Agency were each charged with more than 30 counts of various crimes related to their jobs in Silver Spring.
Police charged Joe M. King, 26; Robert Donald Powell, 48; Craig C. Lawrence, 19; and Neville Lawrence, 44, with false imprisonment, impersonating a police officer, burglary and other crimes. Neville Lawrence is the company's president.
Their trial dates have been set for June 28. Calls made to Paul Kemp, Neville Lawrence's attorney, were not returned.
A representative from Capital Fugitive Recovery Agency declined to comment Tuesday.
Driver alleged the four men terrorized a Brazilian community in the Bel Pre Road neighborhood while seeking, among others, an illegal immigrant from Brazil who escaped from them in a previous capture.
The men allegedly kicked down doors, stormed into homes with shotguns and rifles and detained victims -- not related to the man they were seeking -- in their own homes at gunpoint, said Driver, adding that most people they allegedly harassed were third parties. Bounty hunters, in some cases, are allowed to enter homes without a search warrant if they know the person they are seeking is there, but they are not allowed to break down the doors of third parties, she said.
In one instance, the bounty hunters allegedly demanded $10,000 bond from the family of their capture, which was not appropriate, Driver said. "They don't have the authority to collect bond money," she said.
The bounty hunters allegedly assaulted people and even stole their personal belongings, Driver added.
But Driver emphasized that all bounty hunters are not bad guys. She only takes issue with bounty hunters who violate the law and are unnecessarily aggressive.
Scott MacLean, owner of Upper Marlboro-based Chesapeake Bail Bonds, a bail bonds and fugitive recovery agency, said cases in which bail bondsmen overstep legal bounds give legitimate bounty hunters a bad name.
MacLean, a licensed private investigator, said he and his staff of about 10 have retrieved more than 1,000 fugitives with various criminal backgrounds who flee as far away as Kentucky, Arizona and California. His staff consists of licensed private investigators that have undergone some form of training through organizations such as Virginia-based National Association of Bail Enforcement Agents, said MacLean, adding that continuing education is emphasized for those in his profession.
"We try to police ourselves and keep our own act clean," said MacLean, who has advocated federal legislation that would impose more regulations on bounty hunters.
MacLean said the work of bounty hunters isn't accurately represented on television shows and in other media. Using force, such as kicking down doors and storming in armed with guns, is not the tactic commonly used.
Many fugitives are actually cooperative once they are caught, said Daniel Conklin, owner of Baltimore-based Maryland Fugitive Enforcement Agency. "About 99 percent of the time you find out that people will cooperate with you," he said.
Conklin, who has gone through National Institute of Bail Enforcement training, said being a professional bounty hunter involves understanding how to recover fugitives effectively and efficiently.
"To a point you have to be aggressive," Conklin said. "You have to take it on a case-by-case basis."
Charges against County Capital Fugitive Recovery Agency were the result of a two-month investigation that was difficult because the victims, many recent immigrants, were afraid to contact the police, Driver said. Some complications surfaced because of language barriers and because people didn't trust the government, Driver said. In fact, some believed that the bounty hunters were police officers terrorizing them, she added.
The bounty hunters wore all-black uniforms similar to police SWAT teams with large yellow lettering embroidered on the back spelling "AGENT." For the public, especially recent immigrants, the outfits are confusing and misleading, Driver said.
"People have moved to escape that and to come to this country to be subjected to that is traumatizing," she said.
The bounty hunters incident in February has complicated feelings of distrust between the Hispanic communities and the police, said Cpl. Fernando Martinez of Montgomery County Police. There already is a barrier between recent immigrants, particularly those from countries with unstable governments, and police, he said.
Investigations involving immigrant communities are often difficult because cooperation is limited, which does not benefit any community, Martinez said.
Often immigrant communities don't report crimes because they are under the false impression that they will be deported or that the police intend to harm them. "It's all about the trust issue," Martinez said.
Blanca Kling, a victim assistant coordinator and Hispanic liaison for county police, has been working with the victims of the bounty hunters, who said the entire Brazilian community in the Bel Pre neighborhood has been shaken up since the incidents. One family packed up and moved back to Brazil, she added.
"The community felt so much pain," Kling said.
Kling said the immigrant community is more vulnerable because many are recent immigrants who are not familiar with their rights and resources.
Because of some immigrants' bad experiences with their government in their former countries, Kling said the incidents have confused them and have made them afraid of the U.S. government and authorities.
As part of the outreach, Kling hosts a Spanish-speaking radio show from 2:30 p.m. to 3 p.m. every last Friday of the month on Radio America, 1540 AM, where she informs the community of issues such as bounty hunters. She also aims to reassure the public that police are eager to serve them if they are in need and that they shouldn't be afraid.
While the incident has frightened some people in the community, it has fueled others with motivation to take charge, Kling said. Some community members are rallying groups together so no one will be a target for bounty hunters, she said.
Driver said she is working with other county agencies to extend the educational outreach to various groups in the county. She is currently advocating legislation to impose background checks on potential bounty hunters and requiring training on search and seizure. She also would want bounty hunters to contact the police when they have a warrant for a person they are planning to pursue.
"Hopefully it will tell others that we don't accept [illegal fugitive recovery tactics] around here," Driver said.
Driver noted state legislation proposed in 2001 regarding some restrictions for bounty hunters, but the bill lost momentum after the terrorist attacks of Sept. 11, 2001, and was not seen again, she said.
In some states, bounty hunters are certified or required to enroll in a training course, but licensees are not required. In Maryland regulations are at a minimum ex-convicts without any training could be bounty hunters, said Driver adding that it can often be the case.
People who feel they have been wrongfully treated by a bounty hunter are urged to call the police, Driver said.
Gazette Staff Writer Agnes Blum contributed to this article.
|