Staff report

GAINESVILLE, Fla. – Joel Bruce Searby, 43, of Archer, was denied bail this morning after prosecutors argued that he would pose a threat to the community if released.

Searby, who led the campaign to convert three Newberry public schools to municipal charter schools and has served as a basketball coach at Oak View Middle School, was arrested on June 21 and charged with luring a 15-year-old boy to his home for sex.

The State Attorney’s Office filed notice at Searby’s First Appearance hearing on June 22 that they would file a motion for pre-trial detention within three days, and the motion was filed the same day, with the hearing set for this morning.

The State Attorney’s Office has been filing these motions in any case that qualifies since January 31, when an appeals court ruled that defendants are “entitled to be released on bail in a reasonable amount” and that the amount should not “preclude the probability of an ordinary citizen” being able to post bail. More information on that process is available here.

Traditionally, prosecutors would have asked a judge to set a very high bail in a case like Searby’s, but now that they are limited by the appeals court ruling, it is more common for prosecutors to argue that the defendant would be a danger to the community if released. As of April 22, State Attorney Brian Kramer told us that 63% of such motions had been granted.

The motion for pre-trial detention in Searby’s case stated that one of the charges against him – lewd or lascivious conduct with a victim under the age of 16 – qualifies under Florida statutes for pre-trial detention without bail and that a prosecutor would argue at the hearing that “there is a substantial probability that the defendant committed such crime, the factual circumstances of the crime indicate a disregard for the safety of the community, and there are no conditions of release reasonably sufficient to protect the community from the risk of physical harm to person.”

At the hearing this morning, Judge James Colaw agreed with prosecutors and granted the motion for pre-trial detention, which means that Searby will remain in jail until his case is resolved, whether through a plea agreement or a trial. Two Alachua County Sheriff’s Office detectives presented testimony, according to the memo that summarized the results of the hearing. Five letters of support for Searby were submitted but are not yet public.

Searby has hired attorney Logan Doll, and Doll has filed a plea of not guilty and a waiver of a right to a speedy trial on behalf of Searby.