New York’s bail reform laws are back in the spotlight after Erie County Republican leaders called for their repeal in light of the alleged murder of Amanda Thompson.
Thompson was fatally shot at her Buffalo home last month. Her former partner, Rickey Crouch, has been charged with her murder.
Republican Buffalo mayoral candidate and former Erie County prosecutor, James Gardner, said Crouch should never have been on the streets after he allegedly violated a protection order.
"The prosecutors from the district attorney's office did their job in requesting that Amanda's murderer be remanded, and the judges applied the bail law, not only as it was written, as it was amended, but as it was intended to be applied," he said.
But bail reform laws do give judges discretion when a defendant is arraigned on a misdemeanor charge when they are already on release for alleged violent crimes, as in this case.
Crouch was arrested in May for an alleged burglary at Thompson’s home, posted $50,000 bail, but was later accused of violating protection orders. Prosecutors requested $30,000 bail, citing his bail status and the repeat nature of the alleged harm, but the court elected to release him on his own recognizance.
State Senate Minority Leader, Robert Ortt, points to the specific wording that he believes led the judge to release Crouch.
“The problem is the language in the in the law still says "the least restrictive means. That is the language, that is the sentence — that is the reason why Amanda's ex-boyfriend and her killer was on the street at all,” Ortt said.
But that verbiage was removed from the state's bail reform law in 2023. The updated law requires judges to base pretrial conditions on “the kind and degree of control or restriction necessary to reasonably assure the principal’s return to court.” (C.P.L. § 510.10[1]).
Crouch previously served time for murder. In 1997 he pled guilty of second-degree murder after killing a 16-year-old bystander during a gang-related shooting. He was released on parole in 2020, which ended in 2023.
Several of Thompson's family members joined GOP leaders, including her mother, two of her four children and her niece.
Thompson's sister, Amy, said Amanda was a victim of domestic violence.
"Her life was stolen by someone who should never have been had a chance to hurt her again. She was full of life, someone who loved, laughed and dreamed big. But the man who took her away had already shown a pattern of violence," she said.
"He had been arrested before, and yet, because of a so called bail reform, he was released early. The system opened the door for him to walk free and my sister paid the price — the ultimate price," she added.
Governor Kathy Hochul defended the state’s bail reform laws, Tuesday, taking aim at judges for misapplying them.
Editors note: This story was updated to include clarification and context on the 2023 alterations to New York's bail laws. The previous version included only a citation of pre-2023 verbiage, as stated by State Sen. Ortt, but that verbiage is no longer in the law.
