Published: May 13, 2008 12:09 am         

Cold case suspect has bond revoked

Suspect’s release violates Indiana law, judge says

TERRE HAUTE — Less than a month after posting bail and being released from jail, a Brazil man accused of murder is back behind bars.

John Lovett, 37, who is facing a charge of double murder in a 20-year-old case, was released April 16 after posting $20,000.

However, according to Judge Joseph D. Trout of Clay Circuit Court, after researching Indiana law, he ordered Lovett’s bond to be revoked Monday. Trout voluntarily returned to the Clay County Jail the same day without incident.

According to the order, “at the prior hearing on bail, neither [party] mentioned … the specific requirement under Indiana law for cases involving the charge of murder that an evidentiary hearing be held wherein the defendant must present evidence and successfully challenge the sufficiency of the evidence in the state’s case … Without such an evidentiary hearing as required by law, a defendant cannot be admitted to bail; and, therefore, the court’s previous order cannot stand.”

Lovett was arrested in March as the result of a grand-jury proceeding. He was indicted on two counts of murder for the shooting deaths of Tonya Pickett, 16, and her stepfather, Ricky Mustard, 32, on Nov. 19, 1988. Lovett, 18 at the time of the shootings, was Pickett’s former boyfriend.

A jury trial has been scheduled for Aug. 4.

Defense attorney James B. Organ on April 11 requested his client be released on bail, considering Lovett’s lack of a criminal record, his long-standing ties in the community and the fact that Lovett did not present a flight risk.

Taking those matters into consideration, Trout set Lovett’s bail at $200,000, with 10 percent allowed. The defendant had no money to post bail, but his family and friends rallied to raise the $20,000 necessary to get him out of jail pending his trial.

Trout on Monday said he made the decision after reading the law “on bond and this had come up, and I read all I could on bond and the charge of murder and found it.”

He said he had not been questioned or pressured by anyone about Lovett’s release.

“I think anything we do, we need to follow the law,” Trout said. “We had the bond hearing, we’re all familiar with the bond statute, but when it comes to the crime of murder, there’s an additional hearing that needs to be required on an evidentiary basis, and the defense has the burden of challenging the state’s evidence.”

Nancy Hicks of Terre Haute, whose brother, Ricky Mustard, was one of the victims in the case, said Monday she was glad to know Lovett was back in jail.

“I don’t know if he’s guilty or innocent, but he still needs to be in there until they can prove something,” Hicks said.

She said she was very upset to learn he was out of jail.

“I didn’t think it was right – they promised us that he wasn’t getting out,” she said. “After all these years, they charge somebody, and they’re letting them out on double murder, I’ve never heard such a thing.”

Hicks, whose niece was Tonya Pickett, added she felt sorry for Lovett’s family, “but if he did it, I want him to pay.”

If convicted, Lovett faces between 30 and 60 years on each charge.

Deb Kelly can be reached at (812) 231-4254 or deb.kelly@tribstar.com.