Judge cuts cash bond for brothers accused in fatal shooting of migrant in Hudspeth County

A Texas judge agreed to reduce the cash bond for the two brothers charged with manslaughter and aggravated assault in the deadly attack on a group of migrants last month.

One month after the attack that killed one person and seriously injured another, Michael and Mark Sheppard appeared before Judge Roy Ferguson of the 394th District Court of Texas on Thursday morning.

After hearing from their defense lawyers and the state prosecutor, Ferguson lowered the cash bond, originally set at $250,000 for each brother. The state prosecutor voiced concerns for public safety if the brothers are released and warned they might be a flight risk. The defense argued that the Sheppards have limited financial resources to cover the additional bond.

Mark Sheppard now faces a $50,000 cash or surety bond and a $200,000 personal recognizance bond. A PR bond requires no money be posted and is basically based on a signature that a defendant promises to show up to court.

Michael Sheppard, the alleged shooter, faces a $75,000 cash or surety bond and a $175,000 PR bond. Michael Sheppard appeared from the Brewster County Jail and Mark Sheppard appeared from the Presidio County Jail. Both brothers were transferred out of the Hudspeth County Jail earlier this month.

Attorney Brent Mayr, representing Michael Sheppard, and attorney Richard Esper, representing Mark Sheppard, had submitted writs of habeas corpus challenging the brothers' ongoing pretrial detention and asking for an appearance before a judge. State prosecutor Kevin Marcantel appeared before Ferguson.

The Sheppard brothers are charged with manslaughter and aggravated assault with a deadly weapon in the attack Sept. 27 south of Sierra Blanca in which Mexican migrant Jesús Sepúlveda was killed and a woman was shot in the stomach.

More:'She's still very scared': Attorneys seek release for survivors of Hudspeth County attack

Defense lawyers make case for lower bond

The Sheppard brothers were first arrested Sept. 29 on manslaughter charges. They were released on $250,000 bond each on Oct. 3. In Thursday's hearing, attorneys Mayr and Esper called Cathy Drake, proprietor of Permian Bail Bond in Odessa, as their sole witness. Drake did not connect to the virtual hearing and Esper shared her testimony.

According to Esper, Drake posted bond for the brothers with the assistance of their relatives in Florida and the Carolinas. She drove them to El Paso and they intended to travel to Florida to be with family. While in El Paso, Mark Sheppard met with Esper, whom his relatives had retained to represent him. A Hudspeth County sheriff's deputy then informed Drake there was a new arrest warrant for aggravated assault.

Esper questioned why the assault charges were filed later, after the brothers already had posted bond. The Sheppards returned to Sierra Blanca and turned themselves in Oct. 4. Esper said Drake has known the brothers "for several years" and does not consider them a danger to the community.

In the Hudspeth County Jail, Mark Sheppard was examined by a doctor who identified "early signs of dementia." Esper said Mark Sheppard had a stroke nine months ago and he is concerned about his health while in jail.

Mayr said he objects to the "illegal, oppressive bond" placed on his client. He said the Sheppards do not have "significant assets" to post for the bond and their relatives are seeking to sell a home in Florida to contribute to legal expenses. Mayr also submitted to the judge three letters from Sierra Blanca residents speaking to Michael Sheppard's character.

Mark Sheppard, in a white and orange jumpsuit, sat in silence, occasionally averting his gaze as the attorneys spoke. Michael Sheppard, in a pink jumpsuit, stared straight into the camera, expressing little emotion. Audio or visual recording of the hearing, streamed on YouTube, was prohibited.

Ferguson presides over the 394th Judicial District Court, which includes Brewster, Culberson, Hudspeth, Jeff Davis and Presidio counties. He also is known as the judge in the cat lawyer viral video.

More:Sheppard brothers back in custody facing aggravated assault charges

'What they did is horrible'

State prosecutor Marcantel said the aggravated assault charges came after the manslaughter charges because authorities were waiting to see if the second victim, the woman shot in the stomach, would survive. When it was clear she would survive her injuries, prosecutors brought the assault charges.

The lawyer for the wounded woman has told the El Paso Times that the victim feared for her safety after learning the brothers were initially released on bond. Other members of the group who survived the shooting were placed in Immigration and Customs Enforcement custody in El Paso. After several weeks in detention, they were released and continue to cooperate with law enforcement.

Marcantel proceeded to read the affidavit filed by the Texas Rangers. He pointed out that Michael Sheppard allegedly used a shotgun, which would require him to be at close range. He questioned the brothers' account that they mistook the migrants for javelinas and pointed out that Mark Sheppard changed his story to investigators.

"What they did is horrible," Marcantel said. "I'm surprised it's not a higher charge than manslaughter.

"I'm not buying this whole mistake thing," he said. "In my mind, that makes them a danger to the public. I don’t know what they're going to do when they get out of jail."

Marcantel said the prosecutor's office was open to a split bond at $125,000 cash bond and $125,000 PR bond for each brother.

Mayr abruptly left the hearing around 9:35 a.m. because he was called to appear in a trial. He originally had asked Ferguson to change the time of the hearing because he had to appear in court.

After less than an hour of statements, Ferguson reached his decision. Michael Sheppard now must post $75,000 in cash or surety bonds from an approved company. For the remaining $175,000 PR bond, he is not required to post money upfront but will be liable for the entire amount if he does not show up in court.

Mark Sheppard's cash bond is slightly lower, at $50,000, with a $200,000 personal recognizance bond.

More:'We're destroyed': Sepúlveda family returns home with migrant son's remains

Investigation ongoing

Thursday's hearing was one of the first windows into the state's case against Michael and Mark Sheppard. A Texas Department of Public Safety spokesperson in El Paso said the incident report is still not complete because the investigation is ongoing.

The Hudspeth County Sheriff's office has not responded to the El Paso Times' requests for further information. The Brewster County Sheriff's Office and the Presidio County Sheriff's Office have declined to comment on the case.

More:Family of migrant killed in Hudspeth County demands justice

Staff writer Martha Pskowski may be reached at mpskowski@elpasotimes.com and @psskow on Twitter.

This article originally appeared on El Paso Times: Judge reduces cash bond for Sheppard brothers in migrant's death