Man who can’t afford bail spends 9 days in jail for trespassing at RTA hub

Advocates say the case of a 21-year-old Dayton man who spent nine days in the Montgomery County Jail on a misdemeanor charge highlights the need for bail reform.

RELATED: Rich buy freedom, poor stay in jail, report on Ohio bail system says

Markcus Brown was arrested for trespassing for wearing a hoodie and saggy pants at the RTA hub -- a violation of policy -- after he refused to show his identification to police. "The male had his hood up and his pants were sagging. This is in direct violation of the policy and regulations that RTA has set forth," according to the Dayton Police Department arrest report.

RELATED: Man does 9 days in jail after arrest for trespassing at RTA hub; couldn’t afford bail

It took nine days for Brown’s mother to arrange a car title loan for money to cover the $150 bail.

Judges, public defenders and citizen groups say cases like Brown's illustrate the need for bail reform across Ohio.

RELATED: Markcus Brown was arrested on a trespassing charge at RTA bus hub and held more than a week because he couldn’t afford bail

Ohio Supreme Court Chief Justice Maureen O'Connor, a Republican who is working on a national bail reform effort, said the perfect irony is that successful drug dealers facing multiple criminal charges are able to post bail while poor people accused of far less serious crimes are not.

"Why are they sitting in jail? Because they're too poor. It's tied to their economic status and you can't constitutionally allow that to happen,” O’Connor said.

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Brown pleaded guilty June 13 and was sentenced to 30 days in jail with 21 days suspended and nine days credit; $111 in court costs and a ban from RTA buses.

Dayton RTA Chief Executive Mark Donaghy said criminal activity has dropped off at the hub since the policy banning wearing hoods, loitering and other activities was enacted in 2009. But of the Brown case, he said: “This seems like an unfortunate situation for sure.”

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