Jason Futch
Reporter2.RiverbendNews@gmail.com
On Monday, Sept. 8, Jason Bullock, owner of Apex Metal Building Systems, was set to take a plea deal being offered by the State Attorney's Office for the Third Judicial Circuit for his role in a fraud case involving the business. However, Circuit Judge Katie Land expressed her concerns about the deal and, after 20 minutes of review, rejected it.
During the hearing, several alleged victims of Bullock's were present as they listened to the plea agreement presented before Judge Land by Assistant State Attorney Colin Klein. He provided details on the agreement, which would include 30 years of probation, a $10,000 up-front restitution payment, which Bullock had in his possession, and $1,500 monthly additional restitution. Bullock would also not have contact with any of the victims. If Bullock were to pay restitution early, he would be eligible for early termination of probation.
Klein said the agreement was in the best interest of justice and victims in the case; however, during his statements, the victims in attendance were visibly shaking their heads in disagreement. "There are many who are in favor of it, and there are many who are not," Klein said. "Many of those who are not in agreement who are here today want to express it to the court, and we'll give them the opportunity to do so."
Klein also expressed there would be difficulty in developing strong evidence in the case to obtain a successful prosecution.
Following his statements, Judge Land said she had questions about the agreement and was concerned with the dollar amount of the money defrauded from the victims, as well as the number of victims involved in the case. She said several victims between the ages of 50 and 75 would likely not be made whole with the current plea agreement. "This is a sheer amount of money stolen and a sheer amount of victims,” Judge Land said. “Why should I accept this plea deal?"
As Klein continued to explain how the strength of the case was questionable, Attorney Lucas Taylor, representing Bullock, offered a further explanation of why the plea agreement needed to be accepted. He said one victim from Alabama refused to participate in the proceedings, while other victims did receive successful architectural services from Bullock, which they later used to construct their metal building with another contractor. Ultimately, both the State and the defense agreed the case was not strong enough for prosecution.
After further deliberation, Judge Land chose not to accept the deal, citing a lack of information available to help her agree to it. "I don't think it is enough to address the restitution," she said. She then ruled against granting the plea agreement.
Following further rebuttal from Judge Land, the final pretrial hearing for Bullock was scheduled for Monday, Oct. 6, followed by trial on Monday, Oct. 27, which is expected to last until Friday, Oct. 31. After setting the dates, the hearing was adjourned.
After the trial, victims such as Kathy Mizell, said they were not deposed and said they had their information. Mizell said she was taken for $34,300 by Apex Metal Buildings Systems and was glad Judge Land did not accept the plea deal.
"The plea agreement wasn't even a slap on the wrist," she said. “I’m glad the judge didn’t give it to him.
Charles Adolph III, another victim in the case, said while there is renewed hope with the case inching closer to trial, he remains cautiously optimistic of the outcome. "I will say the judge's ruling is
giving renewed hope in all of us, which is buying us time," he said. He also said the venue was not appropriate for the trial and should be moved to a different county. "There's a sheer amount of damages financially, not to mention pain and suffering and the number of victims. This should 100 percent not be handled in this venue and not be handled by the State Attorney's Office."
While some of the victims said they would be present for the trial if it happens, others said the drive to Live Oak is taxing for them, as some traveled three to five hours to be at the hearing.
Riverbend News will continue to provide updates as they relate to the case.