BUCYRUS—Jason Tupps, 46, of Galion but currently incarcerated in the Marion County Jail, appeared in Crawford County Common Pleas Court on Thursday seeking a bond modification.
Tupps is being held on one count of rape, a felony of the first degree punishable with up to eleven years in prison, and one count of domestic violence, a felony of the fourth degree punishable with up to 18 months in prison. Tupps’ original bond was $750,000 and was modified to $100,000.
Special prosecutors initially argued for a high bond in the Tupps case citing a crumbling marriage, an alleged rape, and domestic violence. Prosecutors asserted Tupps’ wife had injuries and that he had stalked her and shown up at her place of employment to cause trouble.
Mansfield attorney James Mayer III, who represents Tupps, filed the motion for a bond reduction based on a recent Supreme Court ruling citing that placing a high bond on a defendant for the sole purpose of guaranteeing their appearance in court is unreasonable.
Mayer told the court that Tupps’ family had hoped to be able to raise the money for the bond but had been unable to do so. Mayer contended that since Tupps is indigent, the $100,000 bond equates to no bond for his client.
Mayer, who represented Tupps in a previous criminal case in which he was acquitted of all felony charges, told the court his client never failed to make an appearance in court even though he faced many years in prison if convicted of all the charges.
He said his client was prepared to meet all conditions of his bond. Mayer told visiting Judge Howard Hall that it was difficult to prepare with his client from the jail. Mayer cited the distance between his office and the Marion Jail the fact that the jail is on lockdown quarantine status, often preventing in-person visits and lack privacy as obstacles he faces in case preparation. He told the court, at best, he is able to yell through plexiglass to confer with his client. “The current bond is not just. It’s keeping him in jail because of his indigence. We would ask the court for a bond in the $10,000-$20,000 range,” Mayer said.
Special Prosecutor Drew Wood told the court that the Supreme Court also ruled that the seriousness of a crime can be taken into consideration. Wood pointed out that Tupps is charged with a first-degree felony and that the requested bond is extremely low. “A high bond is an incentive to return to court by the very seriousness of the financial commitment required to make bond. A lower bond is less of an incentive,” Wood said.
Wood told the court Tupps had already received one bond reduction. He said the victim does not feel confident with any lower bond. Wood also pointed out the strong evidence in the case: “Most rapes are not recorded. We have audio evidence. A jury will listen to the precise moments of the incident,” Wood said.
Mayer refuted those claims saying that there was consensual sexual contact between the couple the day after the attack.
On his ruling on the motion, Judge Hall decided to reduce Tupps’ bond to $60,000. He placed strict conditions on Tupps in the event he makes bond. He must remain at his parent’s home with GPS monitoring and a SCRAM bracelet (Secure Continuous Remote Alcohol Monitor), he must report weekly for drug and alcohol testing, he is to have no contact (direct or indirect) with the victim or her workplace. He must allow the Crawford County Sherriff’s office to sweep his home for firearms. Tupps will remain in custody until he is fitted with the monitoring devices.
Tupps is to stand trial on May 2nd. Crawford County Now will continue to cover this developing story.